Jack Thomas and A Paranoid State

This week, while the Crown argues for a re-trial, Jack Thomas‘ defence lawyers argue for the lifting of the ‘control order’ the Government — in the person of the Attorney-General, Montgomery Burns — has placed on him. According to Thomas’ lawyers, “the law allowing the control order is invalid because it gives a federal court a non-judicial power that is contrary to the Constitution”. Thomas is the first person in Australia to be subjected to such an order, which places the following restrictions on his activity:

    * He must abide by a curfew, confining him to his home from midnight until 5am each morning;
    * He is restricted in the phone services he is allowed to operate (one mobile phone, one land line) and must have these approved by the Australian Federal Police. He is prohibited from using public pay phones;
    * He is required to seek written approval to make telephone calls;
    * He is not to communicate with a list of persons identified as terrorists including Osama bin Laden [!], Ayman al-Zawahiri [!] and Abu Musab al-Zarqawi [RIP!];
    * He must agree to be fingerprinted.
    * He must not leave Australia.

Having been adjourned, the case appealing the control order on the grounds on un-Constitutionality is expected to resume some time in February, 2007.

Interestingly, in responding to the case, Justice Callinan remarked:

“These circumstances are absolutely unique. I know in history of no other situation in which nationals living within their own national community, actually set out clandestinely to destroy people in the community … It’s a unique combination of circumstances … because it crosses international borders. That is what makes it unique. I mean, you can’t identify the enemy.”

Justice Kern agrees: “It’s coming right for us!”

About @ndy

I live in Melbourne, Australia. I like anarchy. I don't like nazis. I enjoy eating pizza and drinking beer. I barrack for the greatest football team on Earth: Collingwood Magpies. The 2024 premiership's a cakewalk for the good old Collingwood.
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