Jihadist propaganda was shared by men facing terrorism charges

The compilation of evidence against the seven men arrested in April on terrorism-related charges began before Magistrate Nadine Lia on Monday.

Ajil Al Muhsen (21), Adnan Maashi (21), Yazan Abduklaziz (26), Ahmed Kadas (25), Khalil Al Mahmoud (21), Ahmed Ahmed (27), and Mohammed Mohammed (24), all of whom are from Syria, had been arraigned on Sunday 30 April on a slew of terrorism-related charges.

They had been arrested the day before following an investigation by the Maltese authorities, which later also involved Europol.

Investigation began in August 2022

Magistrate Nadine Lia was told this morning how the investigation into a suspected Islamic extremist cell in Malta had started in August 2022, targeting a small number of individuals who had been publishing extremist material related to the terrorist group Islamic State (sometimes referred to as IS or ISIS) on their social media accounts. 

It was noted that the men involved often communicated and socialised with each other. They also prayed together at a Mosque in Santa Venera and not the official Mosque in Rahal Gdid. Some of the men also worked together.

Starting in January 2023 the police had started to notice an uptick in the amount and frequency of radicalized and extremist content that was being published on their social media.

Inspector Jeffrey Cutajar, one of the officials prosecuting the men, told the court that “the aim of jihadist groups, like ISIS, is to create an Islamic state governed only by Islamic law… They reject democracy and elected parliaments because in their opinion, God is the only one who can make the law.” 

At this stage, he said, the police began to suspect that the men’s social media publications could either be used to encourage terrorist activities or be useful for those intending to carry out such attacks. “It was for this reason that the Malta Police asked for the assistance of Europol and on 20 March 2023 an inquiry was opened by the Police Magistrate Dr. Donatella Frendo Dimech LL.D where several experts were appointed to assist in this investigation.”

Most of the men sought asylum in Malta after Syrian troops drove ISIS out of their home town in 2017

Further investigations by the Maltese Police, revealed that most of the men came from Sukhnah a town in the Syrian desert which is part of the Homs Governorate. The group had all entered Malta after 2017, applied for asylum and had been granted subsidiary protection. “It is worth pointing out that in August 2017, the ISIS/ISIL terrorist group had lost control of Al-Sukhna after being attacked by Syrian government troops,” added the inspector, seemingly implying that the defendants had fled the region because they had been members of the terrorist group.

The police noted that Al Muhsen, in particular, had been publishing Nasheeds (Islamic songs in Arabic), as “stories” on his social media. Some of them featured speakers, terrorist leaders and other prominent ISIS figures, amongst them Turki al-Binali, Othman Al Nazih, Abu Muhammad Al-Adnani and Abu Malik Al-Tamimi. 

Al Muhsen also had also uploaded recordings of speeches by some of these figures, as  well as videos of the defendant himself, singing them. “The subject of these Nasheeds and speeches were Jihad, martyrdom and Sharia law,” the court was told.

Arrested in simultaneous police raids

The men were arrested during the early hours of April 29, in a series of coordinated police raids on several addresses in Malta.

The men are accused of distributing material aimed at inciting acts of terrorism; recruiting or encouraging persons to carry out acts of terrorism or to travel abroad as part of a terrorist plot; receiving and providing training on the use of firearms and explosives specifically for terrorism-related purposes; financing or organising overseas travel for terrorism-related training and disseminating extremist material which supports terrorist activity.

In addition to these charges, the men are also accused of conspiracy to commit a crime, conspiring with persons overseas to commit a crime in Malta, conspiring with an armed group “for the use or or display of physical force in promoting any political objective,” and forming part of a criminal organisation.

Al Muhsen was further accused of tampering with a passport that had been issued to another person and attempting to make use of it in July 2020.

The defendants are denying the charges and have been in custody since their arraignment.

Police inspectors Jeffrey Cutajar and Jean Paul Attard are prosecuting, assisted by lawyers Antoine Agius Bonnici, Francesco Refalo and Rebeca Spiteri from the Office of the Attorney General.

Lawyers Jose Herrera, Alexander Scerri Herrera, Matthew Xuereb, Robert Galea and Alicia Borg are defence counsel.

13:30 The court adjourned the case to Thursday 18th. The sitting (and this liveblog) is over. Matthew Agius

13:29 The lawyer dictated a note to this effect, which the court then ordered to be communicated to the director of Corradino Prison. Matthew Agius

13:26 Agius Bonnici informs the court that the prosecution has no more witnesses for today. The court upholds the defence’s request to transcribe the contents of the exhibits. The prosecution was ordered to furnish the defence with copies of this evidence before the next sitting, which will be held on Thursday. Scerri Herrera informed the court that the defendants had not been allowed to communicate with their families since their arrest, due to the nature of the charges against them. This constituted a breach of their fundamental human rights, argued the lawyer. Matthew Agius

13:13 A police constable from the Cybercrime Unit takes the stand next. He worked on material identified to his department by a sergeant from the Counterterrorism Unit. He downloaded and preserved all the material identified and had exhibited it in court, as some of them would disappear after a set time period. Herrera asked the witness about the site with 1000 followers, mentioned by the previous witness. Agius Bonnici objected as the witness had not testified about this. Herrera asked whether he had looked into the identities of the 1000 followers. “I was only ordered to preserve the posts,” replied the constable. Matthew Agius

13:12 Herrera suggested that the police did not know what happened in the Sta Venera mosque frequented by the defendants. Besides the ring, the only evidence was that found on the defendants’ mobile phones. Matthew Agius

13:10 Cross-examined by Jose Herrera - the inspector said that the videos were posts shared on TIkTok and Instagram. He clarified that he had not said that the defendants had created the extremist videos, but had featured in a video, praising them. The lawyer suggested that so far there was no evidence of them attempting to import weapons or obtain any weapons in Malta. Had it emerged that the defendants transferred any money to terrorist organisations, asked the lawyer. “Investigations are ongoing and I cannot talk about them.” Matthew Agius

13:06 With regards to Khalil Al Mahmoud, the inspector said that Whatsapp chats exchanging intimate photos with a woman in a foreign country were found on his mobile phone, and other photos showed the woman and a young girl wearing the black niqab in front of ISIS flags. He denied knowing who the woman and child were. Islamic extremist videos were found on his TikTok profile, among them a poem inciting war in Iraq. “When asked about this, he said he understood it was about living a good life and going to heaven.” Matthew Agius

12:58 Ahmed Ahmed did not answer when asked about videos praising martyrdom and suicide bombings he had published or shared on his Instagram account. One of them showed Ahmed and Al Muhsed singing a nasheed or an Islamic song, that had been used in an ISIS propaganda video, glorifying martyrdom. Matthew Agius

12:48 Adnan Maashi had also uploaded a number of jihadi propaganda material on Instagram, including one post where he wrote (in Arabic) “forgive if you get news that I am dead. Forgive me and pray for me if I make any mistakes.” Mohammed Mohammed had shared a rant about how the West had conspired to force Islamic women to remove their veils. Another document published by Islamic State’s media arm about dealings with Shia muslims, who are described as traitors to Islam and Kaffir, “worse than Christians.” The document states that their killing is permitted. Asked about these documents, Mohammed insisted that someone must have planted them on his mobile phone to cause him problem, but could not say who or how. Matthew Agius

12:43 In his statement to the police, Al Muhsen said he had bought his German passport from Greece for €400 and had torn it up after using it. Muhsen denied making contact with Daesh. Police showed him photographs from his Instagram profile, which included videos by Islamic State, he had acknowledged that the profile was his. Speeches by jihadist preachers and Islamic State officials were found on his social media. They dealt with jihan, martyrdom and Sharia law, said the inspector. “They had over 100 views and so were seen by many people.” Matthew Agius

12:39 After the men were arrested, electronics, papers, rings and other items were seized from the various properties where they resided. Matthew Agius

12:36 Inspector Jeffrey Cutajar takes the witness stand. Police noted the defendants' social media posts fell within the category of “jihadist terrorism.” Interpol’s assistance was requested through the courts, he says. Matthew Agius

12:33 The court denies the prosecution's request at this stage due to it's lack of specificity' Matthew Agius

12:32 Agius Bonnici now tells the court that only the way the investigation began needs to be banned from publication. Lawyer Robert Galea pointed out that the magisterial inquiry was already closed and the evidence collected. “I cannot understand the need to make an a priori distinction between what is said in a courtroom and what is reported. Matthew Agius

12:27 The defence, however, continued to object to the request that aspects of the investigation be obscured from the public, insisting that justice must not only be done, but be seen to be done. Herrera said that experience showed that doing otherwise, would “leave the media to reach their own conclusions and create a sensation which harms the defendants’ rights.” Matthew Agius

12:21 Agius Bonnici repeats that the majority of the testimony will be public, and only a ban on the publication of the names of the investigating officers was being requested, for their protection. Lawyer Matthew Xuereb said the defence did not object to a ban, if only on the names. The magistrate minutes that the defence does not object to the prosecution’s request to prohibit the publication of the names of the officers involved. As the parties were in agreement, the court upheld the request and ordered a ban on the publication of the names of every police officer at the ranks of constable or sergeant who may testify for the duration of the compilation of evidence, unless revoked by the court at a later stage. Matthew Agius

12:16 Jose Herrera: “when the law wants details to be withheld from public view, it specifies criteria. If a part of testimony is sensitive, the court can order it not to be published, but not provide a carte blanche before the testimony even begins.” Matthew Agius

12:14 Agius Bonnici said this is because of the highly sensitive nature of the case. Investigations are at a delicate stage, he said, reminding the court that the prosecution was only asking that one aspect of the testimony - the operational aspect- be withheld from publication. “It could cause prejudice to the ongoing investigation.” Matthew Agius

12:08 Herrera disagrees. It is a high profile case and the public aspect of criminal proceedings help with the transparency of the proceedings, he says. Previous media bans have led to confusion in public discussion of such cases. Lawyer Alex Scerri Herrera adds that there is no legal basis to justify such a ban. Matthew Agius

12:07 Prosecutor Antoine Agius Bonnici asks for a media ban on the publication of details of the method used in the investigation, which will emerge from testimony. Another ban was requested on the names of the investigating police officers for their safety and to safeguard the ongoing investigation. Matthew Agius

12:02 The sitting begins. An interpreter is sworn in to assist the seven defendants. Matthew Agius

12:00 It looks like things are finally getting moving, two hours late. Lawyers Jose Herrera, Alex Scerri Herrera, Matthew Xuereb, Robert Galea and Alicia Borg have informed the court that they are defence counsel. The defendants are currently being escorted from the lockup to the courtroom Matthew Agius

11:00 An hour after the sitting was scheduled to begin, the court is still hearing other cases. Matthew Agius

10:24 We are inside the courtroom, waiting for the case to be called. Magistrate Nadine Lia is currently hearing a number of other scheduled sittings. Nicole Meilak

09:40 Good morning. We will be reporting live on the compilation of evidence against seven men arrested in April on terrorism-related charges. Our live blog will start at 10am. Nicole Meilak

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