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| George Brandis vow to detain alleged jihadists from Iraq and Syria ‘nonsense’ | George Brandis vow to detain alleged jihadists from Iraq and Syria ‘nonsense’ |
| (35 minutes later) | |
| A criminal barrister who worked on Australia’s largest terrorism case, the Benbrika trial, has cast doubt over the Abbott government’s practical capacity under current laws to round up alleged jihadists returning from Iraq and Syria. | A criminal barrister who worked on Australia’s largest terrorism case, the Benbrika trial, has cast doubt over the Abbott government’s practical capacity under current laws to round up alleged jihadists returning from Iraq and Syria. |
| The government over the last couple of weeks has progressively stepped up the political rhetoric, signaling its desire to detain returning Australian citizens active in the bloody insurgencies in Iraq and Syria. | The government over the last couple of weeks has progressively stepped up the political rhetoric, signaling its desire to detain returning Australian citizens active in the bloody insurgencies in Iraq and Syria. |
| On Tuesday night the attorney general, George Brandis, told Sky News: “Let’s not beat around the bush. We don’t want them back. Most of them don’t want to come back, incidentally. Those who do come back, there is a very high chance that they’re coming back for no good. | On Tuesday night the attorney general, George Brandis, told Sky News: “Let’s not beat around the bush. We don’t want them back. Most of them don’t want to come back, incidentally. Those who do come back, there is a very high chance that they’re coming back for no good. |
| “Which is why, if they try to come back, we should pick them up at the border and charge them for the offence we know they’ve already committed.” | “Which is why, if they try to come back, we should pick them up at the border and charge them for the offence we know they’ve already committed.” |
| But criminal barrister and one-time political candidate Greg Barns told Guardian Australia the impression Brandis was creating was actually quite misleading. | But criminal barrister and one-time political candidate Greg Barns told Guardian Australia the impression Brandis was creating was actually quite misleading. |
| “The idea we would just round them all up is a nonsense,” he said. | “The idea we would just round them all up is a nonsense,” he said. |
| Barns said Australian citizens could not be detained arbitrarily at the border without charge. There had to be a “reasonable basis” for their detention – meaning there had to be sufficient evidence already gathered confirming that the person had committed a specific criminal offence in a conflict occurring in another country. | Barns said Australian citizens could not be detained arbitrarily at the border without charge. There had to be a “reasonable basis” for their detention – meaning there had to be sufficient evidence already gathered confirming that the person had committed a specific criminal offence in a conflict occurring in another country. |
| “The anti-terror laws have a broader reach than just the Australian mainland, but just because someone has been in Iraq does not mean they’ve committed a terrorist act,” Barns said. “It would be a very brave prosecutor who lays a charge on a person in the hope that the evidence turns up.” | “The anti-terror laws have a broader reach than just the Australian mainland, but just because someone has been in Iraq does not mean they’ve committed a terrorist act,” Barns said. “It would be a very brave prosecutor who lays a charge on a person in the hope that the evidence turns up.” |
| He said Australia’s terror statute did give authorities broader powers of preventative detention – but he said they had been used quite egregiously in the Haneef case. | He said Australia’s terror statute did give authorities broader powers of preventative detention – but he said they had been used quite egregiously in the Haneef case. |
| Mohammed Haneef was held for 12 days without charge in 2007 in connection with a terrorist attack in Glasgow. Haneef was charged with providing support to a terror organisation, but the charges were later dropped because of a lack of evidence. | Mohammed Haneef was held for 12 days without charge in 2007 in connection with a terrorist attack in Glasgow. Haneef was charged with providing support to a terror organisation, but the charges were later dropped because of a lack of evidence. |
| Barns said the Haneef imbroglio had shown prosecutors, the government and the community that “jumping to conclusions on the basis of scant evidence can lead to appalling human rights abuses”. | Barns said the Haneef imbroglio had shown prosecutors, the government and the community that “jumping to conclusions on the basis of scant evidence can lead to appalling human rights abuses”. |
| The government has indicated that it will bring forward a tranche of national security legislation in the next parliamentary sitting fortnight, giving effect to chapter four of the 2013 parliamentary joint committee on intelligence and security (PJCIS) report. | The government has indicated that it will bring forward a tranche of national security legislation in the next parliamentary sitting fortnight, giving effect to chapter four of the 2013 parliamentary joint committee on intelligence and security (PJCIS) report. |
| Those policy changes are not Syria or Iraq-specific, but relate to part of a substantial wishlist being sought by intelligence agencies to expand their surveillance powers. On current indications, the major changes to the surveillance framework that have been sought by police and intelligence for at least three years through the PJCIS process have been held back until later in the year. | Those policy changes are not Syria or Iraq-specific, but relate to part of a substantial wishlist being sought by intelligence agencies to expand their surveillance powers. On current indications, the major changes to the surveillance framework that have been sought by police and intelligence for at least three years through the PJCIS process have been held back until later in the year. |
| The government says the changes it will bring forward next week are bipartisan, but the shadow attorney general, Mark Dreyfus, told Guardian Australia on Monday Labor was reserving its position until it had seen the detailed proposal. | The government says the changes it will bring forward next week are bipartisan, but the shadow attorney general, Mark Dreyfus, told Guardian Australia on Monday Labor was reserving its position until it had seen the detailed proposal. |
| The opposition has also argued there needs be a period of proper public consultation before parliament expands the surveillance powers of agencies. On Wednesday, Dreyfus said that position had not changed. | The opposition has also argued there needs be a period of proper public consultation before parliament expands the surveillance powers of agencies. On Wednesday, Dreyfus said that position had not changed. |
| On Wednesday, Brandis also foreshadowed a separate but related package of reforms dealing with current deficiencies in the commonwealth’s statutory powers to combat terrorism in cases such as the current Iraq and Syrian insurgencies. | On Wednesday, Brandis also foreshadowed a separate but related package of reforms dealing with current deficiencies in the commonwealth’s statutory powers to combat terrorism in cases such as the current Iraq and Syrian insurgencies. |
| In his final report before having his office axed by the Coalition as part of its “red tape” reduction program, the outgoing national security legislation monitor, Bret Walker SC, told the government there were clear “defects” in current commonwealth statutory powers. | In his final report before having his office axed by the Coalition as part of its “red tape” reduction program, the outgoing national security legislation monitor, Bret Walker SC, told the government there were clear “defects” in current commonwealth statutory powers. |
| Walker told the government there was a need to reconcile counter-terrorism laws with the Crimes (Foreign Incursions and Recruitment) Act 1978, which contained "some anomalies and mismatches that detract from their effectiveness as laws to criminalise terrorism". | Walker told the government there was a need to reconcile counter-terrorism laws with the Crimes (Foreign Incursions and Recruitment) Act 1978, which contained "some anomalies and mismatches that detract from their effectiveness as laws to criminalise terrorism". |
| Walker said his recommendations – including fixing inconsistency in language and penalties between the criminal code and the Foreign Incursions Act – were "relatively urgent, given the currency and gravity of the involvement of Australians in Syria". | Walker said his recommendations – including fixing inconsistency in language and penalties between the criminal code and the Foreign Incursions Act – were "relatively urgent, given the currency and gravity of the involvement of Australians in Syria". |
| The Foreign Incursions Act makes it illegal for an Australian citizen to enter a foreign state and engage in a hostile activity, or to intend to engage in a hostile activity. Exemptions apply for serving with the armed forces of a government of a foreign state. | The Foreign Incursions Act makes it illegal for an Australian citizen to enter a foreign state and engage in a hostile activity, or to intend to engage in a hostile activity. Exemptions apply for serving with the armed forces of a government of a foreign state. |
| Walker said the problem of gathering overseas evidence was challenging for the prosecution of terrorism offenders. He noted discussions with relevant agencies confirmed investigations were "presently stillborn on account of problems of foreign evidence, that might otherwise have succeeded". | Walker said the problem of gathering overseas evidence was challenging for the prosecution of terrorism offenders. He noted discussions with relevant agencies confirmed investigations were "presently stillborn on account of problems of foreign evidence, that might otherwise have succeeded". |
| "Currently, evidence obtained from surveillance undertaken in a foreign country cannot be tendered in evidence to a court unless the court is satisfied that the surveillance was agreed to by an appropriate consenting official of the foreign country," Walker said. | "Currently, evidence obtained from surveillance undertaken in a foreign country cannot be tendered in evidence to a court unless the court is satisfied that the surveillance was agreed to by an appropriate consenting official of the foreign country," Walker said. |
| The AFP told the national security monitor the situation in Syria was compounded by the fact the Assad government controlled certain sections of the country and rival opposition groups held quasi-control over other sections. | The AFP told the national security monitor the situation in Syria was compounded by the fact the Assad government controlled certain sections of the country and rival opposition groups held quasi-control over other sections. |
| "Gaining police-to-police assistance in such scenarios is almost impossible," the AFP wrote. "Further, it is unlikely that evidence gathered by government or quasi- government forces would meet the high evidentiary threshold requirements under Australian law." | "Gaining police-to-police assistance in such scenarios is almost impossible," the AFP wrote. "Further, it is unlikely that evidence gathered by government or quasi- government forces would meet the high evidentiary threshold requirements under Australian law." |
| Walker recommended possible changes to evidence laws to permit the collection of information and its admission into evidence in instances where political circumstances or conflict made it impractical to request help from the government to gather evidence. | Walker recommended possible changes to evidence laws to permit the collection of information and its admission into evidence in instances where political circumstances or conflict made it impractical to request help from the government to gather evidence. |
| Brandis told reporters on Wednesday the government intended to act on the issues identified by Walker, but he suggested the changes the government intended to propose would not have retrospective effect. | Brandis told reporters on Wednesday the government intended to act on the issues identified by Walker, but he suggested the changes the government intended to propose would not have retrospective effect. |
| “Mr Walker did point out certain evidentiary problems,” Brandis said. “We are reviewing the entire suite of legislation to ensure if there are identified gaps in the legislation those gaps will be corrected so as to make the Australian people secure.” | “Mr Walker did point out certain evidentiary problems,” Brandis said. “We are reviewing the entire suite of legislation to ensure if there are identified gaps in the legislation those gaps will be corrected so as to make the Australian people secure.” |
| “The government is looking carefully at all existing legislation that bears upon this issue, including the terrorism provisions of the criminal code to ensure there are no gaps in our capacity to keep Australia safe,” Brandis said. | “The government is looking carefully at all existing legislation that bears upon this issue, including the terrorism provisions of the criminal code to ensure there are no gaps in our capacity to keep Australia safe,” Brandis said. |
| “You can expect further information in the very near future.” | “You can expect further information in the very near future.” |
| Brandis met with a group of imams in Canberra as part of the government’s effort to secure their support and leadership in their local communities in order to counter any radicalisation prompted by events in the Middle East. | |
| The imams welcomed the opportunity to have dialogue with Brandis on the issue. Sheikh Mohamadu Saleem said after the talks that he appreciated the fact the government recognised the peace-building role of the imams, “and of course we have discussed various ways of de-radicalising our youth”. | |
| The meeting came as the ABC and Fairfax reported that Melbourne-born Musa Cerantonio – a radical Australian preacher who supports the Islamic State of Iraq and the Levant (Isis) – had taken to Twitter to announce he was going to Syria. | |
| Cerantonio, who has reportedly been living in the Philippines, was found to be the third most "liked" person by western jihadists in Syria in work by King's College London academics who analysed the social media habits of 190 western jihadists fighting in Syria against president Bashar al-Assad. | |
| Cerantonio had his Facebook page taken down after posts calling for assassinations and war against the US. |