Alleged ISIS patriots granted bail

JACQUELINE HERBST

“We have been told that the authorities have this cell under control, and we have to believe they would not have been granted bail if the courts considered them to pose an immediate threat,” said CSO Gauteng Director Jevon Greenblatt.

The 11 were granted bail in the Verulam Magistrate’s Court north of Durban on 27 November because Magistrate Ifraan Khalil said the state had failed to provide sufficient grounds for bail to be denied. He could see no evidence before him to indicate that the applicants would not attend the trial if awarded bail.

However the state is still holding 96 electronic devices confiscated during the arrest of the suspects, and it is downloading content that could identify more suspects and strengthen its argument against the accused. Although the suspects requested the return of their devices, this was temporarily refused.

Greenblatt said that regardless of the ruling, the CSO would continue with its work. There might be additional threats from many other fronts, and it was the organisation’s responsibility, together with every community member, to ensure that everything necessary was done to remain safe at all times.

Willem Els, Senior Training Coordinator for the Transnational Threats and International Crime Programme, expressed concern about the police’s ability to keep tabs on the accused and secure public safety. He previously told the SA Jewish Report that six to seven operatives were required to place one subject under successful surveillance, and the accused’s’ release would therefore put tremendous strain on state resources and manpower.

Khalil found that being in possession of ISIS flags, propaganda material, or belonging to extremist WhatsApp groups could not be used as a basis for denying bail. He said that although it created suspicion, it was not solid evidence of criminal activity or ISIS membership.

This sentiment is shared by Jasmine Opperman, the head of the Africa desk at the Terrorism Research and Analysis Consortium (TRAC). However, Opperman highlighted that ISIS social media propaganda often gave advice on how to outwit law enforcement.

She is not entirely convinced that the cell operating in Durban is indeed an ISIS cell, pointing out that ISIS and Al-Qaeda material does not list South Africa as a “legitimate” target of attacks. The progression of the case will determine if it can, indeed, be referred to as an ISIS cell.

Based on this, Opperman believes the Durban terrorist attack is likely a “black swan” incident. (A black swan incident is an event or occurrence that has massive impact, deviates beyond what is normally expected of a situation, and is extremely difficult to predict.)

Lurking in the background, Opperman said, is concern about South Africa’s vulnerability to “wanna-be” attacks by people who seek instant recognition, credit for their actions, and redemption for missing out on a life in the caliphate or training camps in Yemen or Somalia.

“All indications point towards the absence of an organised Islamic State threat that is willing to execute attacks on home soil,” she said.

She questioned South Africa’s anti-terror capacity, referencing the state’s fumbling in putting compelling evidence on the table. Opperman doubts that the country possesses the in-depth understanding of terrorism, vigorous foreign relations, and practiced investigators and analysts to handle terror cases efficiently.

The state’s case relied heavily on the identification of eight of the 11 suspects in photo and formal parades, while the defence built its case on alleged weaknesses of the state’s case, and won. Khalil found little value in the identification parades, pointing out that they are generally accepted as unreliable, were not carried out properly in this case, and that the victims had erroneously pointed out people who were not involved in the case, rendering them unreliable.

In addition, with many of the suspects linked to the mosque attack and bombings only by their presence at the house in Reservoir Hills, Durban, when it was raided by the Hawks on 5 October, and considering their close emotional, family, and business ties locally, Khalil could find no reason to decline bail.

Farhad Hoomer, believed to be the mastermind, was released on R200 000 bail, while Ahmad Haffejee – fingered in a formal parade as the stabber in the Verulam mosque attack – had to cough up R150 000 for his freedom.

Thabit Mwenda, Seiph Mohamed, and Amani Mayani are the only three applicants who were not identified in any parades. They were released with warnings. Mohammed Akbar, Abubakar Ali, Abbas Jooma, Mahammed Sobruin, Ndikumana Shabani, and Iddy Omari were released on bail ranging from R3 000 to R5 000 each.

Within minutes of the judgement and applicants exchanging hugs, bags of cash arrived and bail amounts were settled.

Applicants will have to hand in their passports, check in at the Durban Central police station every Wednesday, and are not allowed to leave KwaZulu-Natal without written consent from investigating officer Warrant Officer Khwezi Chonco.

The case has been postponed for further investigation to 22 February2019.