NSW Terrorism Trial: Judge Wants Glass Screen Removed Because "They Might Not Get a Fair Trial"

*  Yep. DownUnder we are. Australia is the place where everybody deserves a FAIR GO. Especially if you are Muslim, then you deserve an extra fair go, no matter what the cost…  because the poor buggers are suffering “enough prejudice already..”

Glass screen to go from terror trial

Natalie O’Brien/The Australian


HE judge hearing NSW’s biggest criminal trial has ruled that the glass-enclosed dock used to separate nine men accused of terrorism-related offences from the rest of the court should be removed because it could stop them receiving a fair trial.

Supreme Court judge Anthony Whealy said in a judgment yesterday that the presence of the fixed glass screen at the front of the dock was likely to prejudice the jury hearing the case against the men, who are accused of plotting a terror attack in Sydney.

Justice Whealy said the accused men faced enough prejudices already

and he had no evidence that the men, who had been in custody for three years, posed a danger while they were in the courtroom.

“No evidence has been placed before me to suggest that, during the last three years, there has been any serious incident or activity involving any of the accused that would enliven a conclusion that there is a risk to national security,” Justice Whealy said.

“Of course, it might be said that they have been incarcerated, restrained and subject to such stringent security measures that it is unsurprising that anything untoward has occurred.

“Whether this be so or not, the fact remains that I have not been provided with any material to suggest that during their time in prison, the accused have been a risk to national security otherwise by virtue of the charge each is facing … Each has pleaded not guilty and is entitled to the presumption of innocence.”

The nine men – Omar Baladjam, 29, from Hoxton Park; Mazen Touma, 26, of Bankstown; Abdul Rakib Hasan, 37, of Lakemba; Khaled Cheikho, 33, of Wiley Park; his nephew Moustafa Cheikho, 29, also of Wiley Park; Mohamed Ali Elomar, 41, from Condell Park; Mirsad Mulahalilovic, 30, of Belmore; Khaled Sharrouf, 25, of Wiley Park; and Mohammed Omar Jamal, 22, of Belfield – have pleaded not guilty to conspiring to do acts in preparation for a terrorist act.

The trial, due to start later this year, is expected to take at least nine months and is being conducted in a specially fitted court in the western Sydney suburb of Parramatta after lawyers involved failed to convince the state Government it should be located closer to the city’s CBD.

Justice Whealy has been hearing months of pre-trial arguments and said in his judgment yesterday it had enabled him to consider the impact the glass structure would have on a jury.

Lawyers for the accused had made a submission asking for the glass to be removed saying it created “a highly prejudicial impression that they are too dangerous to be afforded the usual open-dock facility”.

Justice Whealy acknowledged that there were already a number of prejudices in the case.

He said the accused chose to wear beards and clothing that reflected their Islamic culture and religion and their “dress and appearance may present them as outsiders”.


3 thoughts on “NSW Terrorism Trial: Judge Wants Glass Screen Removed Because "They Might Not Get a Fair Trial"”

  1. I wonder if the judge would approve if the jurors chose to wear stab proof vests, or crosses
    or other clothing that reflected their culture and religion. Probably be accused of contempt.

  2. “dress and appearence may present them as outsiders” –
    But they are ! –
    If they were not “outsiders”, they wouldn’t even be facing the terrorist charges – They have not integrated and thus they are outsiders.!
    And they choose to present themselves as such – Noone force them to dress up traditionally. And that outfit indicate, that they don’t accept the man-made laws of Australia.
    Again a demonstration of the “we are better than you” ideology.
    And when they claim their innocense, it is because according to Sharia, they are innocent, when what they are accused of is “good for Islam”
    Those judges “down under” demonstrates their ignorance time and time again.
    If it was an Australien in a Sharia court, no considerations would be taken for an Infidel.
    And any Muslim, that would prefer Sharia laws to the “laws of the land”, should be deported to where those laws are in effect.
    “Justice Whealy said the accused men faced enough prejudices already” – Yeah, the poor, whining Muslims – “everybody hates us.!” –
    I wonder why.???????????

  3. People like Whealy should be made to face up to the reality that they serve the Australian people. The Muslims concerned have clearly shown contempt for Australia and as such they are not entitled to any special considerations. I have little time for the excuse that they have suffered prejudices. Most of us grow above these little irritations, however it seems that Muslims cannot. I will be researching this issue in detail to find out exactly what the judge said, and if he has treated the terrorist suspects with a latitude that does not correlate with the charges they are facing I will be writing to the courts. If you folks want to change this kid-glove treatment of Muslim thugs through the courts and the various racial equality/equal opportunity boards you have to write to your parliamentary representatives. USE THE LAW BECAUSE MUSLIMS ARE TRYING TO USE THE LAW AGAINST YOU AND THEY ARE GETTING AWAY WITH IT BECAUSE MOST OF YOU ARE NOT BOTHERING TO RESPOND IN KIND.

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