Terrorism suspect acquitted after police officer shot during arrest
Geesche Jacobsen Legal Affairs
September 9, 2011
WHEN police were ready to arrest a man suspected of terrorism offences in November 2005, they sent in four local officers who had no knowledge of the investigation. They were given a description and
headed down the street while still on the phone to an officer from the terrorism squad.
What happened next has been subject to conflicting evidence but it ended with shots fired in the street in south western Sydney - one bullet hit the terrorism suspect in the neck, another grazed the hand of
one of the police officers.
The man, who cannot be named and is known only as BUSB, later admitted he was doing things to prepare for a terrorist act and was motivated by his religious beliefs.
The Herald can now report details of what happened during his arrest by four officers from Green Valley police station - two sergeants and two senior constables: one of those a crime prevention officer,
who usually spoke to community meetings, the other a traffic, warrants and summons officer.
When their car pulled up next to BUSB, the two junior officers had trouble getting out of the car: one could not open her car door because of a child safety lock, another struggled with her seat belt. None of
the officers was wearing body armour and only one appeared to have his firearm drawn. He later said he approached the man, saying: ''Mate, hang on a minute. Can we have a word?''
Within seconds several shots had been fired, the two men were hit and BUSB was arrested and charged. Earlier this year BUSB finally faced court on charges he had shot at one of the officers. Witnesses
gave conflicting evidence about what they remembered. BUSB maintained he had intended to fire a warning shot as he swung around, and had not realised an officer was behind him.
After a judge-alone trial, Judge Leonie Flannery acquitted him, ruling she could not be convinced that this had not been the case. Judge Flannery said she accepted that he had felt panicked and had been
feeling sick on the day.
''I am not satisfied that he put the Browning [firearm] in his pants because he was planning to shoot his arresting officers, but … his concern that he was going to be arrested and the climate of anti-Muslim
feeling in the community at the time, he believed that he might be harmed by police. I consider it is a reasonable possibility that he did not deliberately shoot in the direction of [the officer], intending to
hit him.''
BUSB was not charged with lesser firearms offences and was acquitted of all charges relating to the shooting.
Its now ok for Muslims to shoot Australian Police officers if they feel threatened by Police or feel you could be harmed by Police.
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