Pakistani-Australian medical student faces terrorism charges for trainign with Laskhar-e-Toiba

Australian judge quashes terror suspect's bid to prevent trial

A Pakistani-born former medical student facing trial in Australia for allegedly training with a terrorist organisation lost a court bid Wednesday to quash the case on the grounds he could not be prosecuted for crimes committed abroad.
Izhar Ul-Haque, 23, has pleaded not guilty to one charge of training in Pakistan with Lashkar-e-Taiba (LeT) -- a militant group fighting Indian forces in the disputed territory of Kashmir.
Ul-Haque allegedly attended an LeT combat training camp in January and February 2003, when the group was not listed as a terrorist organisation by Australia. The government banned the movement in November 2003.
He was to have gone on trial last year -- the first Australian charged with training with a terrorist organisation -- but the trial was postponed after lawyers for Ul-Haque appealed the charges against him.
His lawyers claimed the charges amounted to an "extraordinary extraterritorial application" of Australian legislation that was not in line with the country's constitution.
If convicted, Ul-Haque faces a maximum 25 years in jail.

Update: From the BEEB

Australian loses terrorism appeal

A former Australian medical student accused of training with a militant group in Pakistan has lost an appeal to have the charges against him dropped.

Izhar Ul-Haque, 23, is accused of receiving combat training with the banned Lashkar-e-Toiba group.

He has pleaded innocent to the charge, and has also argued that he cannot be prosecuted for crimes committed abroad.

When he was arrested in April 2004, Mr Ul-Haque became the first Australian accused of such an offence.

Lashkar-e-Toiba was classed as a terrorist group in 2003, under Australia's toughened counter-terrorism laws brought in after the 11 September 2001 attacks in the US.

It is now a criminal offence for Australians to belong to, train with, fund or recruit members for a proscribed terror group.

'Extraordinary application'

Mr Ul-Haque had argued that Australia did not have the power to legislate on alleged criminal acts overseas.

His lawyers claimed the charges against him amounted to an "extraordinary extraterritorial application" of Australian legislation.

But New South Wales Supreme Court Judge Virginia Bell dismissed the appeal, ruling that the charges were constitutional.

She said it should be up to the jury to find whether Mr Ul-Haque was a member of Lashkar-e-Toiba.

Because the government only banned Lashkar-e-Toiba in November 2003 - after Mr Ul-Haque's alleged training - the prosecution must prove that the group was preparing to commit a terrorist act at the time of his involvement.

Ms Bell said a trial date would be set on 3 March. If convicted, Mr Ul-Haque could face a maximum of 25 years in jail.

Another Australian, Pakistan-born Faheem Khalid Lodhi, has also been charged with training with Lashkar-e-Toiba, and is expected to stand trial in March.

Investigators claim Mr Lodhi was planning an attack on "a major infrastructure facility" near Sydney.