Convicted Islamic State member and former Adelaide nursing student Zainab Abdirahman-Khalif appeals trial ‘imbalance’
A former nursing student found guilty of joining terror group Islamic State says her historic conviction is legally unsafe – and that her trial miscarried due to judicial “imbalance”.
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A former nursing student found guilty of joining terror group Islamic State says her historic conviction is legally unsafe – and that her trial miscarried due to judicial “imbalance”.
On Monday, Zainab Abdirahman-Khalif asked for permission to challenge her first-of-its-kind conviction before the Full Court of the Court of Criminal Appeal.
In her appeal documents, Abdirahman-Khalif asserts that the trial judge, Justice David Peek:
ERRED in his directions, to jurors, as to what was required to find the allegations against her proved beyond reasonable doubt.
ERRED in how he directed the jury to apply the evidence to the allegations.
WAS “imbalanced” when summing up to the jury, giving more time to the prosecution case than to the defence case.
FAILED to properly present the defence case while summing up, meaning her chances of a fair trial “miscarried”.
DID not address possible “innocent explanations” for her behaviour in his summing up.
She further asserts the jury’s verdict was “unreasonable, unsafe” and “cannot be supported” by the evidence.
Abdirahman-Khalif, 23, is awaiting sentence for one count of being a member of a terrorist organisation.
Jurors found that, between 2016 and 2017, she communicated with a three-woman terror cell in Kenya, downloaded IS propaganda and swore an oath to the group.
They also found that she attempted to leave Adelaide for Turkey – on a one-way ticket with just hand luggage and $170 – to join the group in the Middle East.
Abdirahman-Khalif’s trial almost aborted before it began due to a graphic warning given by Justice Peek, to a pool of potential jurors.
His opening address was dubbed “inaccurate and unduly gruesome” by defence counsel, but their application for a mistrial was rejected.
That was but one of several heated exchanges between Justice Peek and counsel during the trial.
On Monday, Marie Shaw QC, for Abdirahman-Khalif, said counsel had complained about the “imbalanced” summing up during the trial.
“Counsel was met with the response that they were ‘verging on being impertinent’,” she said.
She said jurors should have been explicitly told that video footage of Abdirahman-Khalif being interviewed after arrest, running for hours, could be considered defence evidence.
“There has been a failure to put the defence case, as well as being imbalanced,” she said.
Lincoln Crowley QC, prosecuting, said there was no basis for Abdirahman-Khalif’s complaints to be placed before the Full Court.
“Cases are not ‘even’, especially in a case such as this where the prosecution has called all of the evidence,” he said.
“The way the case was summed up was accurate and fair.”
Justice Kevin Nicholson granted Abdirahman-Khalif permission to appeal on all grounds except those of imbalance.
He remanded her in custody until July.
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