A 23-year-old Australian resident charged with four counts of preparing to travel overseas to fight against the Syrian government took part in numerous coded phone conversations in an attempt to organise the trip undetected, police allege.
But Amin Mohamed’s defence lawyers say prosecutors have no proof of his motivations for going to Syria.
Mohamed appeared in Melbourne magistrates court on Thursday, where prosecutors alleged he frequently spoke with Hamdi Al Qudsi, arrested in Sydney last year for recruiting people to fight against Syrian president Bashar al-Assad.
Throughout September last year, prosecutor Mark Gibson said numerous phone calls were intercepted including one where Al Qudsi told Mohamed of a “big job coming up”.
“They have a big, big surgery, big operation coming up involving 1,500 holy warriors that may obtain martyrdom in the path of Allah,” Al Qudsi is alleged to have said.
Mohamed, a New Zealand citizen, allegedly replied that he and “two other doctors” were “ready for the surgery”, and that he just needed to buy his “final surgical equipment”.
In another conversation they referred to “soccer players” being “mentally ready”.
The same month, Mohamed allegedly bought a mobile phone and service at a shopping centre in Victoria’s Sunshine West which he subscribed to using the false name, Chris Wright, police allege. Gibson alleged this was to avoid law enforcement while preparing to travel to Syria.
On 16 September, a phone call was intercepted where Mohamed told an unknown man using a Sri Lankan phone service: “I have spoken with the coach today, everything is ready his side.”
Mohamed travelled from Sydney to Brisbane on 21 September, where he was due to board a flight to Singapore, but was refused processing at customs.
He was told his New Zealand passport had been cancelled and recalled, and police allege he was uncooperative and evasive when asked about his travel movements.
A search of his luggage revealed a plastic bag labelled “Abu Malik” which contained an iPhone, Islamic headdress, chocolate and an Arabic book. Police allege Malik is another name for Mehmet Biber, who left Sydney in July last year and is now fighting in Syria.
On 24 September, a phone call was intercepted where Mohamed told the New Zealand Security Intelligence Service that his reason for wanting to travel was because he was engaged to a girl in Denmark, and he planned to fly there via Singapore and then Turkey to meet her.
Mohamed was unsure of his fiancee’s name and birthday, police said.
He was arrested in December last year by members of the joint counter-terrorism team, facing four charges of preparing for incursion into foreign states for the purpose of engaging in hostile activities, with each charge carrying a jail sentence of up to 10 years.
Under proposed new counter-terrorism laws, someone who is in Australia but is proven to have been preparing to engage in hostilities overseas could face life in jail. A separate new law could see entrants to certain hostile zones jailed for 10 years if they cannot point to a legitimate reason for their trip.
But Mohamed was arrested last year so is being tried under existing laws, and prosecutors must prove he was planning to take up arms in Syria.
His defence lawyer Michael O’Connell told magistrate Jan MacLean that there was no evidence from prosecutors that “sheds any light on his [Mohamed’s] motivation” for going to Syria.
There was also no evidence of any connection between Mohamed and Syria, O’Connell said, such as family members living there.
“We’ve also not been provided with any emails or computer holdings that might be relied on in support of this charge,” he said.
Mohamed was not found to be in possession of any jihadist or extremist books or lectures when he was searched at the airport, O’Connell told the court.
Justice MacLean adjourned the court until 18 December to give the defence more time to cross-examine further witnesses..
