Thomas control order 'farcical'
Melbourne Age August 31, 2006 - 11:07AM
A magistrate has blasted the federal government for including terrorist mastermind Osama bin Laden's name in a list of people that cannot be contacted by terror suspect Jack Thomas.
In the Federal Magistrates court in Canberra, Magistrate Graham Mowbray accused the government of turning the proceedings into a farce by including Bin Laden's name on an extensive list of people who Mr Thomas is not permitted to contact.
Mr Mowbray imposed Australia's first interim control order last weekend, restricting Mr Thomas' travel, requiring him to report to police three days a week and banning him from leaving Australia without permission.
The government is now arguing in court to have the interim order extended.
Mr Thomas has been a free man since August 18 when the Victoria Court of Appeal quashed convictions for receiving funds from Al Qaeda and holding a false passport, and overturned a five-year jail sentence.
At a directions hearing today in Canberra, Mr Mowbray criticised the government's move to include Bin Laden on the list
"In my view it makes the order look somewhat silly in putting the name on the list ... it makes it look almost a bit farcical, and this is a very serious proceeding," he said.
Mr Mowbray was also critical of Mr Thomas being forced to return immediately from a country holiday to his Melbourne home to meet the control order's requirements.
"If I had known the circumstances, I may have reviewed the orders I made," he said.
Lawyer Tom Howe, representing the Australian Government Solicitor, said he did not know Mr Thomas was on holiday when the control order came into effect.
List includes dead people
Mr Thomas' lawyer Lex Lasry, QC, said the names on the list also included 13 people who were either dead or currently in custody at the Guantanamo Bay military prison in Cuba.
He described the situation as "ridiculous".
"A realistic list ought to be developed,'' Mr Lasry told the court via videolink from Melbourne.
Mr Mowbray urged Australian Federal Police to urgently review the list.
Mr Howe said he was happy to consider the magistrate's request, but disagreed with the criticisms of the inclusion of bin Laden's name.
He said Mr Thomas was alleged to have met bin Laden on three occasions.
"We couldn't safely presume there is absolutely no possibility of contact,'' Mr Howe told the court.
Mr Mowbray adjourned the directions hearing to September 11 in Melbourne.
A date for a full hearing, where the government will argue to have the interim control order extended, is yet to be set.
AAP