Joseph Saadieh was charged with being a member of ISIS on June 18, 2021, following a three-year AFP surveillance operation. His case attracted legal attention when he was released on bail in September 2021—despite prosecution for terrorism membership and possession of extensive bomb-making materials. An unusual outcome for terrorism prosecutions.
The evidence against Saadieh was largely circumstantial. Material located on his mobile devices and a USB stick found during surveillance operations. At arrest, he possessed three mobile phones: a Samsung S4, a Samsung S9, and a Samsung Galaxy S20 with encrypted Telegram installed. On February 27, 2021, the Joint Counter Terrorism Team executed a delayed notification search warrant on his vehicle. They located a USB stick in his satchel, partially copied it, then returned it to avoid alerting him.
The USB stick and devices contained the Crown case. Dabiq magazines published by ISIS. Sermons by Anwar Al-Awlaki. Material from Hayat Media Centre praising terror attacks and encouraging further attacks. Anasheed specific to ISIS. And 26 files relating to explosives and bomb-making instructions. JCTT analysis concluded all processes were "generally viable" and could be manufactured with little knowledge of chemistry or explosives, using precursor materials generally available in Australia.
Screenshots found on Saadieh's devices showed images from Instagram and the website "Vindictive Vampire"—specific ingredients and recipes for making explosive material capable of inflicting death and destroying property. Dated March 25, 2021. Three months before his arrest. The prosecution called this evidence of escalating interest in operational capability.
The Crown relied on a text conversation from October 2, 2018 between Saadieh and a person identified as "Slow Reaction." In the exchange, Saadieh stated: "But if you attack Dawla. I take offence to it." He wrote: "Don't dare speak a word against them" and "You don't know how much I love them." Then: "I gave Bay'a" (pledge of allegiance). The conversation concluded: "You know I am with this group of brothers... But the thing is I will not let you join. Cause if I do they will make beef with me. Cause they all support Dawla (state)."
The prosecution faced challenges proving intentional membership as distinct from support or sympathy for ISIS. The meaning of Bay'ah became contested. The Crown's expert, Dr Rodger Shanahan, opined that pledging Bay'ah to ISIS constituted membership. But Saadieh's expert, Wesam Charkawi, explained that Bay'ah has multiple meanings in Islam—including spiritual commitments to teachers with no connection to violence or political allegiance. Claiming to have given Bay'ah doesn't necessarily mean formal requirements were fulfilled.
Saadieh was under extensive surveillance between 2018 and 2021. On February 27, 2021, he was recorded driving around the Holocaust Memorial and Jewish and Christian sections at Rookwood Cemetery while stating "hellfire for all of you." The surveillance documented his associations with several individuals convicted of terrorism offenses: Radwan Dakkak, Youssef Uweinat, Isaac El-Matari, Moudasser Taleb. These associations formed part of the prohibited contact lists in multiple terrorism control orders—an interconnected network, not isolated individuals.
Justice Hamill granted Saadieh bail on September 17, 2021, subject to stringent conditions including house arrest and electronic monitoring. The Commonwealth DPP appealed. The NSW Court of Criminal Appeal upheld the bail grant on September 27, 2021. The Court found exceptional circumstances existed—primarily the prospect that remand length might exceed any sentence if convicted, given the relatively low objective seriousness compared to other terrorism membership cases.
Chief Justice Beech-Jones noted that unlike many terrorism membership cases, Saadieh's alleged conduct involved nothing more than using his mobile phone in his bedroom. He didn't attempt to travel overseas. Didn't meet locally with others in person. No evidence his arrest was prompted by concern about imminent attack planning. Justice Adamson observed no suggestion from surveillance that he'd acquired ingredients for making bombs. He hadn't been charged with possession of things connected with terrorist acts or doing acts in preparation.
The bail conditions included a 34-person contact prohibition, identities suppressed. His parents agreed to enforce house arrest, remove internet access, maintain constant supervision. They removed his bedroom door. As of available records, the prosecution outcome remains unclear. Trial not expected until mid-2023 at the earliest given the time required to complete the evidence brief and committal proceedings.
Saadieh's case shows the evidentiary challenges in prosecuting terrorism membership based on possession of propaganda and declarations of allegiance without overt preparatory acts. Also judicial concern about disproportionate pre-trial detention—and the risk that extended remand in high-security facilities may itself contribute to radicalization.
Related Cases
- DPP v Saadieh [2021] NSWCCA 232 — Court of Criminal Appeal bail decision
- R v El Matari [2021] NSWSC 1260 — Network figure with whom Saadieh associated