Posted on 08/27/2006 9:03:14 PM PDT by naturalman1975
FEDERAL police have issued accused terrorist Jack Thomas with a control order, putting him under curfew and forcing him to return to Melbourne.
In the first example of the federal Attorney-General using the controversial part of the new anti-terror laws, an interim order was issued against Mr Thomas, who was on holidays in eastern Victoria, this morning.
An AFP spokesman said an interim order was made in the Federal Magistrates' Court yesterday and signed off by Attorney-General Philip Ruddock, but would not confirm it was against Mr Thomas, dubbed "Jihad Jack".
Mr Thomas was convicted in February on charges of receiving funds from al-Qaida and holding a false passport.
The Victorian Court of Appeal earlier this month quashed the convictions against the Muslim convert and overturned a five-year jail sentence imposed on him.
Les Thomas, Jack's brother, attacked the control order, served to his brother while he was at the beach with his wife and children.
"For them to make this move before matters are finalised is of great concern," Les Thomas said.
"He was slapped with a court order and told to get back to Melbourne immediately." He said his brother was served with the control order in person at 8.30am today and was being "persecuted" by authorities.
The terms of the order meant Jack had to return to Melbourne without delay and be subject to a home curfew between 5pm and 9am, he said.
"He (Jack) was trying to spend some time getting to know his wife and kids," he said.
"He has a long way to go before he gets over what he has been put through in Australia and Pakistan."
An AFP spokesman would only confirm Australia's first interim control order had been issued in Victoria.
"I can confirm that federal agents served an interim control order on an Australian resident this morning,"the spokesman said.
"Due to the nature of control order proceedings and the fact that they are ongoing matters before the court, the AFP do not believe it is appropriate to identify the person subject to the control order or provide any information which may lead to the identification of that person," he said.
He said the Federal Magistrates Court issued the interim order after the AFP was able to satisfy the court it was necessary.
The spokesman said such orders were issued only if they "will substantially assist in preventing a terrorist act or that the person has received training from a listed terrorist organisation and that the conditions of the order are reasonably necessary for the purpose of preventing the public from a terrorist act".
The spokesman would not directly comment on claims the AFP was persecuting Mr Thomas, but said: "A control order is issued by a court of law and that court must be satisfied that the order is justified."
He said a decision on whether to confirm the interim control order would made at a later hearing in the Federal Court.
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