Federal Government seeks terrorism control order on acquitted Adelaide woman Zainab Abdirahman-Khalif
A court found her not guilty and threw out her terrorism conviction. Now the Federal Government is seeking to control this Adelaide woman at all times, in what would be an Australian first.
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The Federal Government wants to control and supervise every aspect of former terrorism suspect Zainab Abdirahman-Khalif’s life – despite a court acquitting her of wrongdoing.
The Advertiser can reveal that, on Wednesday, government lawyers will ask the Federal Circuit Court to impose an interim control order upon the former nursing student.
If granted, the order would have the same effect as placing Ms Abdirahman-Khalif on parole or bail, limiting her communications and electronically tracking her movements.
It would also be the first time an acquitted person, with no pending charges, has been made subject to Federal Government oversight.
As it did in August, when it blocked her parole – and therefore her access to rehabilitation programs – the government insists she has yet to break her ties with Islamic State.
That stance flies in the face of material submitted to the South Australian Parole Board, and expert psychological opinion, that Ms Abdirahman-Khalif no longer supports IS.
Ms Abdirahman-Khalif, 25, spent 891 days in jail accused, and then convicted of, one count of being a member of a terrorist organisation.
During that time she was denied access to the Department for Correctional Services’ anti-radicalisation programs because the Federal Government would not authorise parole.
She instead undertook rehabilitation organised by her family and a trauma survivors’ group until, last month, the Full Court of the Court of Criminal Appeal acquitted her.
In a majority decision, it ruled her actions – including communicating with IS members – may have been supportive, but did not legally qualify as “membership”.
The Federal Government has yet to challenge that ruling, but has filed application with the Federal Circuit Court.
Claiming Ms Abdirahman-Khalif has not deradicalised, it asks the court to impose an interim control order upon her pending a future hearing.
Control orders are governed by Division 104 of the Criminal Code and are designed to protect the public from, and prevent support for, a terrorist act.
They can prohibit or restrict a person attending locations or leaving the country, and require they wear a tracking device and submit to fingerprinting whenever asked.
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They can restrict the number and type of communication devices a person may have, block them from the internet and require they undertake specified counselling.
To impose an order, a court must be satisfied the restrictions sought are “reasonably necessary and reasonably appropriate” on “the balance of probabilities”.
Orders can remain in place for up to 12 months, and any breach attracts a maximum penalty of five years’ jail.
The government’s application will be heard on Wednesday morning.