Siege gunman Rodney Clavell’s son Nathan Clavell asked acquitted terror suspect Zainab Abdirahman-Khalif to marry his brother Daniel
Though acquitted of terrorism, this Adelaide woman’s life should be controlled by court order, prosecutors say – in part because of a marriage proposal from the son of an infamous siege gunman.
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The son of infamous siege gunman Rodney Clavell asked now-acquitted terrorism suspect Zainab Abdirahman-Khalif to marry his brother, who converted to Islam after a steroid-fuelled crime spree, a court has heard.
On Wednesday, Commonwealth prosecutors told the Federal Court that Ms Abdirahman-Khalif’s jailhouse letters to and from the Clavell clan – two of whom have been charged with extremist-motivated assaults upon police – proved her movements and communications should be controlled.
Andrew Berger, for the Commonwealth, said an order would discourage other extremists from contacting Ms Abdirahman-Khalif while she “has notoriety for being acquitted”.
“She was receiving letters from and sending letters to a number of members of the Clavell family, who were sending her money orders of $50 at a time, while she was incarcerated,” he said.
“She said she would keep the Clavells in her prayers, that there is ‘no comfort or rest for a Muslim … we are tested and purified so we can earn our ultimate reward in paradise’ (and) wrote to Daniel Clavell with passages from the Koran.
“Nathan Clavell wrote to her putting a proposal of marriage, asking would she be interested in marrying Daniel Clavell and to contact (a woman) upon her release ‘and then we can talk more.”
Ms Abdirahman-Khalif, 25, spent 891 days in jail accused, and then convicted of, being a member of a terrorist organisation.
During that time she was denied access to anti-radicalisation programs because the Federal Government would not authorise parole.
She undertook privately-organised rehabilitation until her conviction was overturned last month, freeing her from custody.
On Monday, The Advertiser revealed the government would seek to have a control order – tracking her movements and limiting her communications – imposed upon her.
Daniel Joel Clavell was jailed, in 2014, for three years for drug, driving and assault offences.
He blamed his infamous father for his conduct, but vowed to reform by converting to Islam.
In June of that year, Rodney Clavell fatally shot himself at the end of a 13-hour siege with SA Police on King William St that locked down the CBD.
In June this year, Joshua and Joel Clavell were shot during a confrontation with Victorian police, whom they allegedly attacked while armed with a hatchet and a knife.
It subsequently emerged the duo were on a terrorism watch list as “Muslim reverts”.
On Wednesday, Mr Berger asked 21 controls be placed upon Ms Abdirahman-Khalif’s employment, living arrangements and use of social media and telecommunications.
He said the decision of the Court of Criminal Appeal, clearing her of criminal charges, did not erase the evidence outlined in her trial.
That included her listening to, and singing along with, pro-IS songs, downloading supportive material, communicating with a three-woman terror cell in Mombasa and attempting to travel to Turkey on a one-way ticket.
“Membership of a terrorist organisation is not like a cricket club or a debating society, where you fill out a form and send it off,” he said.
“(Her) acquittal is almost, if not completely, beside the point … it casts no doubt upon the facts and the inferences that can be drawn from them.
“Whether or not she did become a member (of IS) is of no significance to the present application.”
He said the order was not intended to punish Ms Abdirahman-Khalif, but to protect both her and the Australian public from extremism.
“The law is not about preventing ‘her’ terrorist act, but ‘a’ terrorist act, and that’s an important distinction,” he said.
“And the definition of an ‘act’ is not a reference just to an act or threat of an act in the Commonwealth, but also in a foreign country.
“This legislation can be used to protect the public from any terrorist threat that hasn’t been disclosed, or hasn’t occurred in any way.
“The purpose of an order is not punitive, to punish her for what she has done, what she thinks or anything like that – it’s to protect the public, and that’s a very important distinction.”
He said there was “no evidence of clear deradicalisation” and that control orders only lasted for 12 months.
That meant, should her attitude change be proven in the future, the orders would not need to be renewed.
“If there was a 10 per cent chance that a plane would crash, people would be unlikely to get on it,” he said.
“The chances may be slim, but that doesn’t mean you don’t do something about it.”
Marie Shaw QC, for Ms Abdirahman-Khalif, said her client’s contact with the Clavells was “unsolicited” and that she “politely ended” it upon learning their history and background.
“Without a control order, she has done that,” she said.
She said the Australian Federal Police had conducted an assessment of the potential risk posed by her client, and found it to be non-existent.
“This is the best intelligence this country can garner and what is says, unequivocally, is that there is ‘no clear indication’ of any potential risk of her committing an act of politically-motivated violence,” she said.
“It indicates she ‘lacks the knowledge and skills to carry out’ such an act.”
Ms Shaw asked the court to reject Mr Berger’s interpretation of control order laws.
She said it had never been alleged, in any court, her client intended to carry out an act of violence nor place lives at risk.
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“In order to demonstrate that a control order is necessary the prosecution must demonstrate, on the balance of probabilities, that a terrorist act will occur unless the order is made,” she said.
“Unless they can point to that, Your Honour cannot determine whether an order is necessary and, importantly, its conditions.
“And, here, we obviously have a woman who has been acquitted.”
Justice Natalie Charlesworth will hand down her decision on Friday.
THE 21 CONTROL ORDERS SOUGHT:
1) To live in, and remain at, premises approved by anti-terrorism operatives, answer the door when visited, and observe a 10pm - 6am curfew.
2) Report to SA Police once a week.
3) Not attend Adelaide Airport, or any other airport or seaport, visit a prison or persons named in order (11), nor leave SA.
4) Not leave Australia.
5) Not access, acquire, possess or store documents, in paper or electronic form, relating to explosives, firearms, ammunition, knives, anti-surveillance or counter-surveillance.
6) Not access, acquire, possess or store documents, in paper or electronic form, relating to execution, beheadings, suicide attacks, bombings, terrorist attacks, propaganda or “activities of any terrorist organisation”.
7) Not produce or distribute any documents, in paper or electronic form, relating to the matters in orders (5) and (6).
8) Not purchase, rent or drive any vehicle over the gross mass of 4.5 tonne.
9) Not undertake any form of paid employment without the approval of anti-terrorism operatives.
10) Not possess or use, nor cause any person on her behalf to possess or use, firearms, ammunition, prohibited weapons, more than 4L of petrol and non-domestic chemicals.
11) Have no contact with Daniel, Nathan, Joel and Joshua Clavell, nor with Samia Hussain.
12) Use only one mobile phone that has been inspected and approved by anti-terrorism operatives, and allow no one else to use it nor make calls on her behalf.
13) Use only one landline phone that has been approved by anti-terrorism operatives.
14) Not use a public telephone.
15) Not use a satellite phone service.
16) Not use 35 named instant messaging apps including Twitter, WhatsApp, Telegram, Skype, Snapchat and KIK. Use of Facebook is permitted, but not its messaging app.
17) Use only one internet service that has been approved by anti-terrorism operatives.
18) Use only one email account that has been approved by anti-terrorism operatives.
19) Use only one computer that has been approved by anti-terrorism operatives.
20) Not use any tablet devices.
21) Attend at least 60 minutes of psychological and physical wellbeing counselling per week.