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Cleric arrested in terror raids: lawyer

Tuesday Nov 8 2005

One of the nine men arrested in anti-terrorism raids across Melbourne overnight is the outspoken Melbourne Muslim cleric Abu Bakr, his lawyer says.

Criminal lawyer Rob Stary earlier declined to name the men he represented who were arrested and charged after early morning raids today.

But Mr Stary replied: "Yes" when asked by ABC radio if one of the men arrested was Abu Bakr.

Also known as Abdul Nacer Benbrika, Abu Bakr, made headlines in August when he stated publicly his support for al-Qaeda leader Osama Bin Laden.

At the time, he denied being involved in any terrorist activities but told ABC Radio he was a supporter of Osama bin Laden.

"Osama bin Laden, he is a great man," he said.

"Osama bin Laden was a great man before 11 September, which they said he did it, until now nobody knows who did it."

Bakr defended Muslims fighting against coalition forces in Iraq and Afghanistan and said anyone who fought in the name of Allah would be forgiven their sins.

He also said Muslims faced a problem in Australia as to whether to obey Australian or Islamic laws.

"There are two laws, there is Australian law, there is Islamic law," Bakr said.

On other religions, he said: "I am not only against the Jew. I am against anyone who try to harm my religion."

At the time, Prime Minister John Howard rejected Bakr's statements, labelling them unfair and damaging to Australian Muslims who believed religions should be respected and everyone should live in tolerance and harmony.

Bakr is a dual Algerian and Australian citizen who has lived in Melbourne's northern suburbs since 1989.

Mr Stary said the nine men, including Bakr, had been charged with being members of a proscribed organisation under anti-terrorism legislation.

The group had not been specified by authorities, he said.

"They are not charged with being involved in the planning or preparation (of a terrorist act) ... they are charged with a membership offence only," he said.

"They are the only charges.

"Because of the nature of the offences under the anti-terror legislation the law says that bail shall be opposed and shall be refused unless you can show there are exceptional circumstances."

Police had seized no materials that indicated the nine were about to launch a terrorist strike, Mr Stary said.

"It appears to be the case that there's nothing ... of a sinister nature that was located within those premises - no weapons, no chemicals, no other instruments or any articles that might be used for that purpose."

Mr Stary said some of his clients had assisted police.

"When you say that, they have provided all their particulars as they are obliged to do so and (some) have simply exercised their rights and declined to answer any other questions on legal advice," he said.

"Some of them have answered questions."

The allegation the nine had been involved in planning a terrorist strike had never been put to his clients, Mr Stary said.

Abu Bakr was among the radical Islamic clerics excluded by Prime Minister John Howard from a recent summit on religious violence.

In August, Mr Howard invited 14 moderate Muslim leaders to discuss ways to stop religious leaders inciting violence and terrorism, in the wake of the London bombings.

At the time, Islamic groups criticised the guest list, saying it could lead to impressions the prime minister had invited only those who would say what he wanted to hear.