Алжирский террорист: История Абдула Насера Бенбрики

Algerian terrorist

Abdul Nacer Benbrika (عبد الناصر بن بريكة) (born in Algeria c. 1960), also known as Abu Bakr (Arabic: أبو بكر), is a convicted criminal, who served a custodial sentence of fifteen years, with a non parole period of twelve years, for intentionally being the leader and a member of a terrorist organisation. Benbrika was one of 17 men arrested in the Australian cities of Sydney and Melbourne in November 2005, charged with being members of a terrorist organisation and of planning terrorist attacks on targets within Australia. Benbrika is alleged to be the spiritual leader of the group. All 17 men pleaded not guilty. On 15 September 2008 Benbrika was found guilty as charged and subsequently sentenced. Benbrika completed his sentence on 5 November 2020, but was kept in jail under an interim order from the Victorian Supreme Court requested by the Federal Government's Department of Home Affairs who applied to the court to keep him detained. On 1 November 2023, Benbrika won his High Court bid to restore his Australian citizenship, which was cancelled in 2020, and on 19 December 2023 the Victorian Supreme Court, granted his release under a 12 month extended supervision order.

Benbrika was born in Algeria: various sources give his age as 45 or 46 as of November 2005. He was trained as an aircraft engineer. He arrived in Australia in May 1989 on a one month visitor's permit, on which he twice gained extensions, and settled in the northern suburbs of Melbourne, an area with a large Muslim population. After his permit expired in 1990 he became a prohibited non citizen, then spent the next six years fighting through the Immigration Review Tribunal appeals process, for the right to stay. During his hearings he told the tribunal of his "love of the Australian lifestyle". In 1992, Benbrika married a Lebanese woman who was an Australian citizen, with whom he had seven children. He was granted Australian residence in 1996 and became a citizen in 1998, although he is reported to have retained his Algerian citizenship as well. He had been on government welfare benefits for some years and this has become a topic of debate.

The trial of Benbrika began in October 2007. He and eleven other accused were charged of terrorism offences. The case was presided over by Justice Bernard Bongiorno and was initially prosecuted by Nick Robinson, but later trials included Richard Maidment SC as prosecutor. Benbrika was represented in court by Remy Van de Weil QC, instructed by solicitor Josh Taaffe. At a hearing in February 2008, the prosecution in its opening remarks outlined the details of 500 phone conversations, recorded by telephone intercepts and hidden listening devices, between Benbrika and the 11 men in his group also on trial. Prosecutors alleged phone records revealed the group's plans: "to cause maximum damage. To cause the death of a thousand by use of a bomb." They allege the group led by Benbrika was "bent on violent jihad" and "planned terrorist attacks on football games or train stations to maximise deaths" and that Benbrika said that in some cases it was theologically permissible to "kill women, children and the elderly". The court was told how Benbrika allegedly used at least 10 different mobile phones that were registered under false names and addresses. The jury in the case retired to consider its verdict on 20 August 2008. On 15 September Benbrika was found guilty on the charge of intentionally being the leader and a member of a terrorist organisation. On 3 February 2009 Supreme Court Justice Bernard Bongiorno sentenced Benbrika to 15 years' jail with a non parole period of 12 years. In his comments Bongiorno said the word jihad had many meanings in Islam, but Benbrika had warped the term to mean "only a violent attack by his group to advance the Islamic cause". Bongiorno also said evidence "suggested that Benbrika was still committed to violent jihad, had shown no contrition for his offences and had talked about continuing the group's activities behind bars if its members were jailed". Apart from the charges of Intentionally being a member of a terrorist organisation and Intentionally directing activities of a terrorist organisation, Benbrika was also convicted in a later trial of 'Possession of a thing connected with preparation for a terrorist act'. But a further ruling in March 2011 found him not guilty of this later charge. This conviction for the offence of 'Possession of a thing connected with preparation for a terrorist act' was quashed, with the court concluding "that the trial judge had misdirected the jury as to the requirements for establishing that offence." His sentence for the charge of Intentionally being a member of a terrorist organisation was also reduced from 7 to 5 years. Amer Hadarra, Aimen Joud, Fadl Sayadi, Abdullah Merhi, Ezzit Raad and Ahmed Raad, were also found guilty of being members of a terrorist organisation. Hany Taha, Bassam Raad, Majed Raad and Shoue Hammoud were found not guilty. Despite having completed his sentence on 5 November 2020, Benbrika was kept in jail until 19 December 2023 under an interim order from the Victorian Supreme Court. The Federal Department of Home Affairs had applied to the court to keep him detained. There are indications that he has been banned for life from entering Melbourne Cricket Ground.

While in jail, Benbrika has been able to exert significant influence in spreading jihadist ideology. Associates and relatives of his have died fighting for Islamic State. The Australian Federal Government decided to revoke his Australian citizenship due to his terrorism conviction. He is the first individual to have lost citizenship onshore in Australia. Benbrika challenged the validity of the part of the citizenship act which allowed his Australian citizenship to be stripped. On 1 November 2023, it was announced the High Court of Australia in a 6–1 split, found the law was invalid, restoring Benbrika's Australian citizenship.