Acquitted Islamic State suspect Zainab Abdirahman-Khalif may seek to have Federal Court judge disqualified from her case
An acquitted Adelaide terror suspect has flagged a bid to have a judge disqualified from deciding if the Federal Government should be allowed to control her movements.
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A Federal Court judge may be asked to disqualify herself from deciding whether an Adelaide woman acquitted of a terrorism charge should be subject to government control.
Lawyers for Zainab Abdirahman-Khalif have flagged a bid to have their client’s case determined by someone other than Justice Natalie Charlesworth.
While the move sparked a hearing for the case on Wednesday – more than a month ahead of schedule – the reasons behind it were not outlined in court.
Justice Charlesworth told counsel that would slow the case’s overall progression.
“This is your application … you have made, or at least are considering, an application for me to be disqualified,” she said.
“If that’s the position, you should make submissions and I should hear any submissions in opposition at the same time – so I really require you to state your position.”
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 legal definition of “membership” was too broad and placed potentially innocent people at risk of arrest and prosecution.
The government then won a Federal Court bid for interim, but not permanent, control over Ms Abdirahman-Khalif’s movement and communications.
Justice Charlesworth 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.
Meanwhile, the government filed a motion with the High Court, seeking to have Ms Abdirahman-Khalif’s acquittal overturned and her imprisonment resume.
On Wednesday, Dominic Agresta, for Ms Abdirahman-Khalif, said the application may not be needed.
He asked for further time to negotiate with Commonwealth lawyers over the evidence to be presented at the permanent control order hearing.
“I’m reluctant to make the application (and) hopeful that, with some additional time, we should be able to come to a point that effectively makes it unnecessary,” he said.
Justice Charlesworth agreed, postponing the planned April hearing until June – and saying she would hear the disqualification application if and when it was pursued.
The government’s High Court appeal against Ms Abdirahman-Khalif’s acquittal is expected to be heard in late March.