2005

Operation Pendennis

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Introduction

Operation Pendennis was a joint counter-terrorism investigation by ASIO, the Australian Federal Police, Victoria Police and New South Wales Police. It began in 2004 and resulted in a series of arrests between November 2005 and March 2006.

The investigation targeted two connected groups: a Melbourne cell led by Algerian-born cleric Abdul Nacer Benbrika, and a Sydney cell. Court records state the men were inspired by al-Qaeda and motivated primarily by Australia's participation in the wars in Iraq and Afghanistan.

The Sydney cell was the more advanced of the two. It had amassed firearms, ammunition, detonators, chemicals, laboratory equipment and bomb-making instruction manuals. The Melbourne cell's activities were largely supportive, including fund-raising (some of it through fraud and theft), acquiring extremist material and attempting to acquire firearms.

Eighteen men were convicted in total, making Pendennis the largest terrorism prosecution in Australian history.

Government Response

On 2 November 2005, while the operation was still running, the Prime Minister, John Howard, recalled Parliament to urgently amend Australia's terrorism laws. He told Parliament that "the immediate passage of this bill would strengthen the capacity of law enforcement agencies" to respond to the threat. Legal scholarship has since recorded that there was cynicism at the time about the use of a live operation to justify the urgency, and that the Howard government was willing to compress normal parliamentary process on its anti-terror package.

The arrests followed days later. The men were prosecuted under Australia's post-2001 counter-terrorism legislation, in most cases the first time those offences had been tested in court.

Eleven of the accused were held together in the Acacia unit of Barwon Prison in Victoria, isolated from other prisoners, for at least three years while awaiting and attending trial. The Victorian Supreme Court found the conditions posed "a risk to the psychiatric health of even the most psychologically robust individual", citing close confinement, shackling and strip-searching. The defendants were transferred out to the Metropolitan Remand Centre.

The trials and sentencing ran from 2008 to 2010, spanning a change of federal government: the arrests and the legislation came under the Howard Coalition government, the convictions and sentences under the Rudd Labor government. Prisons and state police in both Victoria and New South Wales were under Labor state governments throughout.

Summary

In Melbourne, nine men were convicted: two pleaded guilty and seven were found guilty at trial. Benbrika, aged 45 at arrest and the eldest of the cell, was convicted of directing a terrorist organisation. The average age of the nine was 26.

In Sydney, nine men were convicted. Five of them, Khaled Cheikho, Moustafa Cheikho, Mohamed Ali Elomar, Abdul Rakib Hasan and Mohammed Omar Jamal, were found guilty on 16 October 2009 of conspiring to do acts in preparation for a terrorist act, and were sentenced on 15 February 2010 to terms of up to 28 years. Sentencing them, Justice Whealy found Mohamed Ali Elomar was "the most senior of the offenders" and "a co-ordinator of many aspects of the criminal enterprise", while noting that "each man played a central role". Elomar received the longest sentence: 28 years, with a non-parole period of 21 years (R v Elomar & Ors [2010] NSWSC 10).

Four others, Khaled Sharrouf, Mazen Touma, Mirsad Mulahalilovic and a man identified only as "B", pleaded guilty to lesser offences of possessing things connected with terrorist acts. Two of them had already been released on parole before the trial of the other five had concluded.

Sentencing the Sydney five, the judge stated that without the intervention of the authorities "the plan might well have come to fruition in early 2006 or thereabouts".

Khaled Sharrouf left Australia after his release and travelled to Syria, where he became one of Australia's most wanted men. Mohamed Elomar, who also went to Syria, is the nephew of Mohamed Ali Elomar, his co-accused in the Pendennis trial.

Four years passed between the raids and the first verdicts, and more than four before the Sydney sentences were handed down. What the government did, what it knew, and what became of these men afterwards is set out in the evidence below.

You be the judge.

Evidence

Bringing Down Australia's Deadliest Terror Plot

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Operation Loonbeek – Bushfire Terror Attempts
Holsworthy Barracks Plot (Operation Neath)

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