Federal Government files High Court challenge to SA woman Zainab Abdirahman-Khalif’s landmark terrorism acquittal
Her acquittal made legal history – now the Federal Government says Zainab Abdirahman-Khalif was freed from prison by mistake and wants her to immediately resume her sentence.
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The Federal Government has fired back at SA’s highest court, saying it “misconstrued” the nation’s tough anti-terrorism laws and acquitted a suspected IS member in error.
The Advertiser can reveal the government has asked the High Court to overturn Zainab Abdirahman-Khalif’s landmark acquittal and immediately return her to prison.
That acquittal was ordered by SA’s Full Court, which found the laws were too broad – and on Monday, a different court levelled its own criticisms against the legislation.
The Federal Court said the push to permanently limit Ms Abdirahman-Khalif’s freedom was taking too long, creating a risk the process would become unfair.
Justice Natalie Charlesworth said it was “unsatisfactory” the former student would live under tight restrictions until April, when the case returned to court.
“This is a long time for a person to be under an interim order that may well be revoked,” she said.
“When the legislation is reviewed, perhaps Parliament might have regard to the concerns that courts have about these matters being brought on and heard in such short periods of time.”
Ms Abdirahman-Khalif, 25, spent 891 days in jail on charges of being a member of a terrorist organisation.
The Full Court acquitted her, saying the government had failed to prove how IS recruited, accepted and maintained its membership roster.
Without doing so, it ruled, the legal definition of “membership” was too broad and placed potentially innocent people at risk of arrest and prosecution.
The government then went to the Federal Court, seeking and winning interim control over Ms Abdirahman-Khalif’s movement and communications.
The court was satisfied, on the balance of probability, the young woman was obsessed with violence, naive in the extreme and too mentally weak to resist IS’ orders.
In its High Court papers, the government says the Full Court “misconstrued the concept” of a terrorist organisation.
It further argues the laws do not require prosecutors “to adduce evidence as to how the terrorist organisation admits its members” for someone to be found guilty.
The government’s challenge will be heard on a date to be set.
On Monday, the Federal Court was asked to hear the government’s application for permanent control orders in April – prompting a sharp response from Justice Charlesworth.
“April? According to the legislation, I need to hear this matter as soon as practicable,” she said.
Counsel for Ms Abdirahman-Khalif said they had no choice but to seek a long delay to obtain the expert testimony and psychological reports needed to resist the government’s bid.
Justice Charlesworth agreed to the adjournment, but asked the government take note of her concern.
“This is not an administrative decision I’m being asked to make … defendants should have time to obtain admissible evidence,” she said.
