(c) a receipt for the mobile telephone purchased from Strathfield Car Radios connected in the false name of "Commito".
123 There was also a search warrant executed at Elomar's premises. This produced the USB stick containing instructions in Arabic for the manufacture of explosives, to which I have made reference earlier. There were also seized four boxes of hexamine, firearms and ammunition.
124 On 27 June there was a telephone conversation between Sharrouf and Joud, discussing the raids on premises that had occurred both in Sydney and Melbourne. The conversation included a reference to Sharrouf's concerns about phone tapping.
125 On 20 July 2005 there was a telephone conversation between Sharrouf and Joud, during which the accused indicated that he did not want to mention the name of a "brother" on the phone.
126 On 25 July 2005 there was a telephone conversation between Sharrouf, Atik and Benbrika, during which there was a discussion about people who give information to the government.
127 On 26 July 2005 Hasan and another man went to a store in Marrickville. Various laboratory type equipment was ordered and paid for by Hasan in cash. Hasan and Vetter returned to the store months later on 18 October 2005 but no purchase was made on this later occasion.
128 On 26 July 2005 Benbrika came to Sydney and stayed overnight with the accused. Hasan, Elomar, Jamal and other persons met with Benbrika at Sharrouf's residence.
129 On 27 July 2005 there was a further extremist conversation captured between Sharrouf, Benbrika and other persons in the car.
130 On 28 July 2005 Benbrika and Jamal drove from Sydney to Melbourne.
131 During late July 2005 Baladjam and a friend went to the Condell Park Gun Shop and asked about purchasing approximately 20,000 rounds of ammunition. No firm order was placed.
132 On 15 August 2005 Baladjam telephoned the gun shop and inquired about orders of ammunition that he said had been placed about four weeks earlier. The operator of the shop informed Baladjam that the ammunition had not arrived.
133 On 31 July 2005 Sharrouf picked up Jamal and Benbrika from Sydney domestic terminal. Sharrouf drove them to the ASJA Prayer Hall. Hasan and Elomar were there as well. During this visit, Benbrika went to Sharrouf's residence and gave a sermon. There were extremist discussions during this visit.
134 On 4 August 2005 Benbrika telephoned Sharrouf to tell him to watch The 7.30 Report. There was an interview with Benbrika that night, in which Benbrika praised jihad, spoke highly of Osama bin Laden and deprecated religions other than Islam.
135 On 5 August 2005 there was a discussion between Sharrouf and Adam Houda, solicitor, in which they discussed Benbrika and his views. On the same day there was a discussion between Sharrouf and his brother about collecting "magazines" that night. Later there was also a conversation between Sharrouf and Touma, expressing extremist views about the role that America played in the Middle East, et cetera:
"Forget Australian law...Australian law, get stuffed, finished...give us all back our passports we'll leave. I swear to God I will be the first one to get out of this stuffed up country. Sons of dogs...listen here, I swear I'd rather be locked up and tortured and everything in a Muslim country rather than be locked up one day in this country."
136 On 11 August 2005 Sharrouf, during a meeting with Benbrika, discussed a video interview with Sheikh Omran.
137 On 22 August 2005, Joud telephoned Sharrouf. The latter asked Joud about obtaining his videos because "a lot of brothers wanna watch 'em".
138 On 23 August 2005 there was a telephone conversation between Sharrouf and Khaled Cheikho, during which they discussed an imprisoned Muslim Cleric and how people were hypocrites for not adhering to his views.
139 On 25 August 2005, a search warrant was executed at Sharrouf's premises at 11 Bradley Crescent, Wiley Park. A number of items were seized, including a computer hard drive. Examination of the hard drive revealed, as I have earlier indicated, a video containing instructions as to how to build and detonate a remote antipersonnel explosive device;
(a) a file depicting the ambush of US soldiers;
(b) a file depicting various violent scenes from Iraq; and
(c) various files containing material related to jihad.
140 (The video referred to above is a step-by-step guide to the construction of an IED containing metal shrapnel. The steps in the video include the use of explosives comprising "uric nitrates...mixed with nitroglycerol.")
141 During the execution of this search warrant, Jamal and the two Cheikhos arrived at the premises in Jamal's vehicle.
142 On 27 August 2005, using the telephone connected in the false name of Commito, Hasan contacted Techni Ice, a Victorian company which specialised in the distribution of ice packs and ice boxes. Hasan made inquiries about purchasing an ice-box and asked for details and the catalogue. Eventually he asked that the material be sent to Post Office Box 120 Lakemba 2195.
143 (The Crown case is that the documents containing instructions for the manufacture of TATP and HMTD include that the process of manufacture requires various chemicals to be cooled while mixing and kept cool after manufacture.)
144 On 28 August 2005, there was a telephone conversation between Sharrouf and Atik discussing the raid by ASIO. Sharrouf asked Atik to send him a phone card.
145 On 1 September 2005, there was a conversation between Sharrouf and Touma, in which there was mention of "20 grand" being brought around.
146 Later that day Sharrouf travelled in company with Hasan, Elomar and Jamal from Sydney in Hasan's Tarago van, apparently to support Benbrika after he was allegedly bashed. They arrived in Melbourne in the early hours of 2 September and went to Benbrika's house before spending a number of hours in a hotel.
147 On 1 September 2005, Baladjam had gone to a firing range in Bankstown for shooting practice.
148 On 5 September 2005, there was a telephone conversation between Lord and Touma discussing obtaining "drums" of ammunition.
149 On 8 September 2005, there was a telephone conversation between Sharrouf and Khaled Cheikho, during which they discussed Muslim extremist beliefs in the context of discussions they had participated in during Internet chat room sessions.
150 On 8 September 2005, Baladjam went to the Horsley Park Gun Shop, where he purchased a conversion kit to convert a 9 mm pistol to a .22 calibre. (A .22 calibre Beretta pistol was located at Moustafa Cheikho's premises during the execution of a search warrant on 8 November 2005.)
151 On the same day there were discussions between Sharrouf and other of the defendants about mujahideen material on CDs and the Internet. There were further such conversations on 14 and 15 September 2005.
152 On 16 September, there was a telephone conversation between Sharrouf and Khaled Cheikho, during which they discussed communicating by Internet chat room.
153 On 18 September, there was further conversation between Touma and Lord about the purchase of 45 litre drums of white paint (the Crown says this was a conversation about ammunition).
154 On 19 September, there was a conversation between Touma and Khaled Cheikho about how to communicate with one another by use of a private chat room (Paltalk).
155 On 20 September 2005, there was a telephone conversation between Baladjam and another person discussing the purchase of surveillance equipment. That evening, Touma telephoned Lord and asked "Did you get everything?" When Lord replied that he had, Touma told him that he would come past.
156 On 22 September 2005, Baladjam was the subject of surveillance. He was observed using an ATM machine in Auburn and making telephone calls from a public telephone box in Pendle Hill.
157 Later, he entered the Soul Pattinson pharmacy at Pendle Hill and purchased 3 x by 400 ml bottles of six percent hydrogen peroxide (located on 8 November 2005 during the execution of a search warrant at Baladjam's premises was a "to do" list which included a reference to peroxide). Baladjam told the shop assistant "It's for my grandmother".
158 Baladjam then drove or manoeuvred his car in an unusual fashion for the next ten minutes, ultimately parking at Toongabbie. He went into the Soul Pattinson chemist shop at Toongabbie and purchased another three bottles of hydrogen peroxide. Again, he drove in an unusual fashion, the Crown case being that this was done for the purpose of counter-surveillance.
159 On 22 and 23 September, there were conversations between Sharrouf and Moustafa Cheikho, and later Benbrika, concerning chat room conversations to discuss jihad and Islamic teachings.
160 On 24 September, Sharrouf and Khaled Cheikho discussed downloading extremist material from the Internet. There were further discussions on 26 September between Sharrouf and Jamal on the same topic.
161 On 28 September 2005 Jamal and Hasan attended Auto King, an automotive parts retailer in Punchbowl. Orders were placed for the following items:
(a) 10 x 20 litre drums of 45% strength sulphuric acid;
(b) 5 x 10 litres of distilled water;
(c) 12 x 1.5 litres of distilled water.
162 The Crown case is that it was Jamal who made the initial request for battery acid (sulphuric acid). Initially he requested 20 litres, but then while the owner was on the telephone to his supplier, he requested much more. Jamal did most of the talking in the shop, although Hasan was also involved in the discussions. As to the strength of the sulphuric acid, Jamal requested "the more concentrated, the better". He told the owner that he wanted the acid because he had in mind a second-hand battery business. He said that his name was "Adam" and when asked where he came from, he said "Jordan".
163 The owner requested a deposit and Hasan provided $200 in cash. Jamal was asked for his contact details and provided a mobile telephone number, which was connected in a false name "Sarah Saavri". This service had been connected on 7 January 2005 in the false name. The Crown case is that it was used by Jamal on other occasions. Having given this number, Jamal, according to the Crown case, briefly left the store, returned and provided a second mobile telephone number 0410735241. This was a mobile telephone that had been connected that day in a false name, the name being "George Markis".
164 On 28 September 2005 Auto King placed the order for the distilled water with another organisation and it was supplied that day. Auto King also placed the order for sulphuric acid with its supplier, a business called Autoquip. The orders having been placed, the owner of Auto King later attempted to contact the two men who had placed the order, using the two telephone numbers provided. Despite repeated attempts on that day and others, neither telephone was answered. Between 28 September and 13 October 2005, the Crown case is that on a number of occasions Jamal attended Auto King enquiring about the order, repeating a phrase like, or similar to, "I need it".
165 To return to the 28 September 2005, later on that day the Crown case is that Jamal attended Chemical Cleaning Solutions, a commercial chemical supplier at Campsie, where he enquired about the purchase of certain chemicals. He was told that he would have to place an order and pay a deposit. He then left the store, but returned a few minutes later and placed an order in the name of George Markis. He provided the telephone number 0410735241 and paid the deposit of $150. It will be recalled that this telephone number was one of the telephone numbers provided earlier that day to Auto King in relation to the attempted purchase of sulphuric acid. The order placed with Chemical Cleaning Solutions was for:
(a) 200 litres of 98% methylated spirits;
(b) 50 litres of hydrochloric acid;
(c) 25 kilograms of citric acid; and
(d) 20 litres of glycerine.
166 When placing the order Jamal is said to have told the sales person that he wanted the chemicals because his uncle had a cleaning company, although he was not able to give the name of that company; and that the chemicals were going to be used for cleaning. The order, however, was never collected. Attempts to contact him on the telephone number he had supplied were unsuccessful.
167 On 28 September 2005 the Crown case is that Hasan, using the name Adam, attended Peter's Hardware at Greenacre. He ordered 60 litres of acetone for a cost of $415. He paid a deposit of $110 in cash and was given a receipt. The owner of the store, however, ordered from his supplier a lesser amount of acetone, which was covered by the deposit, and not the 60 litres ordered by Hasan. Hasan gave a telephone number and it was the number 0410735241. Once again, it will be noted that this was the same telephone number that had been provided to Auto King and Chemical Cleaning earlier that day.
168 A couple of weeks after 28 September 2005 Jamal, using the name George, attended at Peter's Hardware at Greenacre. He produced the receipt that had been given to Hasan on 28 September 2005. He said that he had come to pick up the acetone, which had been ordered on the earlier day. The owner of the store informed him that he had only obtained four cans of acetone and he wanted to discuss the cost and confirm the price. Jamal said he did not know about the price and wanted to "talk to the boss". The owner handed him the customer order book and Jamal wrote down his name as "George" and gave a contact number being 0410735241. He told the owner to call him at 12.30pm and left the store.
169 At about 12.40pm the owner called the telephone number that he had been given and spoke to a male there. He asked, "What's happened, George?" The person on the other end replied, "I get back to you. I can't get in touch with the boss". Over the next few days the owner did not hear back from George, so he rang the mobile number several times from his shop. Each time it rang out to voice mail and to a recorded message which stated the name "Adam". He left several messages, but finally gave up doing so.
170 On 13 October 2005, the Crown case is that Jamal and another male attended Auto King to pick up the distilled water and sulphuric acid, which had been ordered on 28 September 2005. Jamal spoke to the owner and said, "We have paid for the stuff, we need it". He was told "Just pay me the rest of the money and I'll send you to my supplier and you can go and pick it up, otherwise I'll have to deliver it to you". Jamal responded that he would go and pick it up. The rest of the money was paid and Auto King sent one of their employees with Jamal to the supplier. Before leaving Auto King, Jamal collected the distilled water, which had been ordered on 28 September 2005. He and the other male loaded the distilled water into a white station wagon.
171 I should interrupt this narrative to say that containers of Refresh brand distilled water, which were consistent with those produced on 28 September 2005, were later located in a Musso registration number FDT 113, which was found on fire in the early morning of 10 November 2005. The Crown case is that this vehicle was the one used by Hasan when he attempted to collect chemicals he had ordered from a company called Padstow Hardware on 5 November 2005. There were other items found in the burning car and the Crown case is that there is a connection between at least one of these further items and Jamal.
172 In relation to the white station wagon, which was used on 13 October 2005, this is said to be a vehicle registration number TVD 473. This vehicle was located on 8 November 2005 outside the premises of a co-accused Moustafa Cheikho. Located within the vehicle were items, including mail with Cheikho's name on it. There were other items in the car and the Crown case is that there is a connection between some of these items found in the car, and Jamal.
173 The Crown case is that Jamal and the male person he was with on 13 October 2005, accompanied by an employee of the automotive parts retailer, attended the supplier Autoquip on that day to collect 200 litres of sulphuric acid, which was being stored at Autoquip's warehouse at Condell Park. While waiting for the order, Jamal is alleged to have made enquiries concerning the purchase of brake fluid. One of the employees commented that the combination of sulphuric acid and brake fluid was "a lethal mix". Following this conversation, the men said they would return the following day to collect the sulphuric acid. It was, however, never collected.
174 During the week commencing 17 October 2005 Hasan attended Padstow Station Hardware in Padstow and made enquiries about ordering a large quantity of methylated spirits and acetone, about 200 litres and sulphuric acid. Hasan subsequently introduced himself as "Adam". When asked where he was from, he stated "India". When this was challenged, he said he was from "Bangladesh". Hasan provided a contact number, which was written down by the owner as 0410735214. It will be noted that this number is very similar to, but not precisely the same as the number which had been used in the previous week when the orders or enquiries were made with Auto King, Chemical Cleaning Solutions and Peter's Hardware at Greenacre. On this occasion 17 October 2005 Hasan paid a deposit of $100 in cash.
175 On the same day at about 2.30pm, the Crown case is that Hasan, Khaled Cheikho and Jamal attended Jaycar Electronics at Bankstown. They enquired about purchasing wireless, CCTV security cameras that had night vision capabilities with a 30 metre viewing capacity.
176 On 22 October 2005 Hasan attended Peter's Hardware store at Greenacre and collected acetone, which had been ordered on 28 September 2005. The owner of the store told Hasan that he had only ordered four cans because he was not sure how to contact him. Hasan agreed to take the 16 litres. The store owner said he could supply more acetone, but that he would be away the following week. Hasan said he would be back, but he never returned.
177 On 5 November 2005 at about 11.30am, Hasan attended Padstow Station Hardware. At about this time the police observed a maroon coloured Musso bearing the New South Wales registration plates FDT 113 parked behind the store. On entering the store Hasan informed the store owner that he would collect his order of chemicals and requested that they load the vehicle at the rear of the store. The owner said it was not possible to load at the rear of the store, but that he would assist Hasan in loading the chemicals out from the front of the store. Hasan then commenced moving the chemicals to the front door of the store and, while doing so, enquired with the owner about sulphuric acid. A short time later Hasan advised the owner that he would get his vehicle. At about 11.40am he was observed to depart the store. He did not return.
178 On 8 November 2005, search warrants were executed at the premises of each of the accused involved in the present charge and upon certain vehicles associated with each accused. On the same day they were arrested and each remained in custody, with the exception of Jamal who was released on that day. I have earlier made reference to the fact that the Musso registration number FDT 113, which the Crown alleges Hasan was driving on 5 November 2005, when he attempted to collect the chemicals ordered at Padstow Hardware, was observed on a later date burning in Northern Avenue, Bankstown.
179 I have mentioned the fact that there were a number of items located within the vehicle. These, I will repeat, included 9 x 10 litre Refresh brand of distilled water, being the same brand as those purchased at Auto King; other items including shovels and mallets, maps of the Blue Mountains area west of Sydney and a book entitled "Fortress of the Muslim". There was a fingerprint identified as being that of Jamal located on page 96 of this book. There was also DNA analysis of items and in relation to some of them Jamal could not be excluded as a source of the DNA profile.
180 On 7 February 2006 another Musso vehicle Registration number ATE 40N was located in a car park in a block of units at Meredith Street, Bankstown. It was covered in dust and cobwebs and had a flat battery. The key to this vehicle had been located, on 8 November 2005, during the execution of the search warrant I have already mentioned at Khaled Cheikho's premises. There were a large number of items in the vehicle and fingerprint analysis and DNA analysis was carried out. It is suggested there was one fingerprint identification that connected Jamal to the UBD brand state map of New South Wales and he was not able to be excluded in relation to other items where DNA profiling occurred. It is fair to say that a number of the other co-accused were linked to items in this vehicle.
181 Searches were conducted at Jamal's premises in November and December 2005. Some of the items seized on one or other of these occasions included a mobile phone handset, including an IMEI number which was identified as 351263009624040. The Crown case is that this handset was used in conjunction with a number of telephones activated in false names. There was also a bum bag containing two boxes of 45 calibre ammunition; one box contained 50 rounds of ammunition, the other box contained 35 rounds of ammunition.
182 There were also located numerous print-outs from various web sites or printed texts from other sources, including an article in which the author sought to disabuse the reader in relation to misconceptions that it would be allowable to hand in Osama Bin Laden; a typewritten text "Fighting for the cause of Allah (Jihad)"; excerpts from the Qur'an that support Jihad and "The Islamic Ruling on defending Muslim land under attack".
183 There was also material found on a computer in the premises. This included material of an instructional nature, including, as I mentioned at the outset, military documents relating to sniper training and weaponry; military documents relating to minefields and other military obstacles; a document entitled "Appendix D Urban Areas; how to move; how to enter a building; how to use hand grenades; how to use fighting positions". There was also a document entitled "Appendix H; field expedient anti-armour devices, contents on how to make expedient devices, eg Molotov cocktails, Eagle fireball; Eagle cocktail and other explosive devices".
184 To return to the chronological narrative: on 28 September 2005, there was a general spate of activity among certain of the accused. First, there were SMS communications between Baladjam using a phone in a false name and Elomar using a service in a false name. The Crown case is that these were covert communications, in code, planning a meeting.
185 There was a further conversation between Touma and Lord about ammunition and a conversation between Sharrouf and Khaled Cheikho during which arrangements were made for Moustafa Cheikho to pick up the accused later that evening.
186 At about 8.42pm, Sharrouf informed Touma that "all the boys" were at the prayer hall and asked if Touma was coming down. Shortly afterwards Touma contacted Lord and was told that everything was there for him to pick up either then or tomorrow. Arrangements were made to meet the following day.
187 There were a further series of telephone conversations in code between Baladjam and Elomar using the false telephone services. These essentially related to proposed meetings.
188 On 7 October 2005, Sharrouf, Touma and Khaled Cheikho attended the Big W store at Chullora. Sharrouf was stopped at the cash register attempting to steal six clocks/timers and at least 132 batteries of various types. These were secreted within chip boxes. The accused ran down the road with batteries falling from his pockets. He was subsequently charged with attempting to steal those items.
189 On 9 October 2005, at about 2.20pm, Hasan, the two Cheikhos, Sharrouf, Jamal and another person travelled in Hasan's vehicle to Sutton Forest, New South Wales. They parked for 10 or 15 minutes, travelled on for 20 minutes before parking on a grass strip next to the road for approximately ten minutes before travelling back to Sydney.
190 On 9 October 2005, Baladjam spoke to Touma on the telephone. They discussed whether Touma's telephone was being tapped.
191 On that day and the next, there were discussions between Baladjam and Elomar using the fictitious phone services using code. These continued between 10 and 13 October 2005. These conversations again continued on 18 and 19 October 2005.
192 The "Tom Clincley" phone was used by Khaled Cheikho on 18 October to send covert messages via SMS.
193 Baladjam and Elomar continued to communicate on 20 and 21 October 2005.
194 On 21 October 2005, Sharrouf told another person that he had been picked up by the police at Big W because "ASIO was monitoring his conduct".
195 On 22, 23 and 24 October 2005, there was further communication in the same manner as described above between Baladjam and Elomar.
196 On 24 October 2005, Baladjam used the Jeffrey Leydon phone to contact Pope Batteries and make an inquiry about purchasing distilled water and sulphuric acid. He asked which wholesaler was used by Pope Batteries and whether they would deliver or whether it had to be picked up.
197 On the same day, later in the afternoon, using the same telephone service, Baladjam telephoned Consolidated Chemicals and made inquiries in a false name for purchasing sulphuric acid. Other false details were given. He rang back a few minutes later to clarify the price for the acid.
198 There was a further series of covert calls on 25, 26 and 28 October 2005 between Baladjam and Elomar.
199 On 25 October 2005, surveillance showed that Sharrouf and Hasan were travelling in convoy in covert fashion with Moustafa Cheikho's car to a meeting at Revesby.
200 On 26 October 2005, Baladjam and Mulahalilovic went to the Horsley Park Gun Shop. Baladjam entered the shop and had discussions with a sales assistant there concerning ammunition.
201 On 28 October, Baladjam went to the Gunsmith Shop at Chester Hill. On the same day, Baladjam was observed purchasing a backpack from the Big W store at Carnes Hill.
202 On the same day, at about 4.04pm Baladjam, using the Jeffrey Leydon telephone service, spoke to a representative from Western Firearm Company of Beverly Hills. He inquired about purchasing ammunition. He said he would purchase all they had in stock, about 900 rounds.
203 Some time after this call, a person matching Baladjam's description purchased 900 rounds of ammunition, paying $270 in cash. The person used a backpack similar to that purchased by Baladjam to carry the ammunition away from the store. Shortly after, Baladjam had another telephone conversation with the Beverly Hills company about the ammunition he had bought.
204 On 28 October 2005, Moustafa Cheikho, Khaled Cheikho and another person went to the Miners Den in Parramatta and hired a metal detector. They then attended a nearby Map Centre in Parramatta and purchased maps of the Sofala region.
205 On 29 October, there was a conversation between Baladjam and Mulahalilovic, which the Crown alleges was in code and which referred to the purchase of "fruit and vegetables".
206 There were further calls between Baladjam and Elomar using the false telephones on 30 and 31 October 2005.
207 On 30 October, there was a further telephone conversation between Baladjam and Mulahalilovic, once again referring to the purchase of "fruit and vegetables".
208 On 31 October, Baladjam, using the Jeffrey Leydon service, telephoned Autoquip. This was the same commercial supplier which Jamal attended on 13 October 2005 in relation to the collection of 200 litres of sulphuric acid ordered through Auto King. It will be recalled that they did not return to collect the order. An assistant at Autoquip gave Baladjam the address as being 27 Harley Crescent, Condell Park.
209 On 31 October 2005, Baladjam, using the Jeffrey Leydon telephone service, contacted Vodafone directly and inquired about details for any courier companies. Later, Baladjam telephoned "Courier One". He stated "I've got a battery manufacturing company. I need to get 15 litre drums delivered, say about 30 of them. Can you transport 30...15 litre drums?" The courier company indicated that they did not have trucks large enough for that amount. They provided the name of another company who might assist.
210 On 31 October 2005, Benbrika travelled from Melbourne to Sydney. Hasan arranged for Moustafa Cheikho to pick him up. Sharrouf and Moustafa Cheikho collected Benbrika from the airport and took him to Hasan's house.
211 Between 1 and 3 November 2005, there was ongoing communication between Baladjam and Elomar; and between Baladjam and Mulahalilovic. There were also meetings involving these two men, Hasan and Jamal. (All of this, according to the Crown case, was suggestive of the men being conscious of the fact that they were under surveillance and attempting to avoid that surveillance while continuing with their activities).
212 On 1 November 2005, Baladjam made an inquiry of "A Class Couriers" but did not leave his name or contact telephone number with the courier company.
213 On 2 November 2005, Baladjam contacted two firearms dealers, one in Terrey Hills and the other in Bexley. In relation to the latter inquiry, he asked about ammunition for his Beretta. Business records of the store indicate that, on that day, 300 rounds of ammunition and other equipment were purchased. Baladjam also made an inquiry from Vodafone for a gun dealership in Ryde but no listing was found.
214 I will not detail the somewhat complicated movements of the various parties in and around Lakemba, Punchbowl and other places at this time. But a vehicle in which Sharrouf had been seen earlier to be in the passenger seat was seen parked at 29 Myall Street, Punchbowl, on 2 November. The next day this same vehicle was driven from Sharrouf's street to an address in Wiley Park. A minute or so later, another vehicle, registered to Sharrouf's partner, was driven from Wiley Park to South Terrace, Punchbowl. Shortly afterwards, a motorcycle was observed parked on South Terrace, Punchbowl, and Baladjam was seen standing next to the motorcycle, using a mobile phone. There were other movements as well, which I will not pause to detail here.
215 The Crown case is that it will be inferred from the surveillance material that the accused were conscious of the fact that police surveillance was increasing and that there was a possibility of an imminent raid and/or arrest.
216 On 3 November 2005, Elomar, Moustafa Cheikho, Sharrouf and others attended Bunnings Warehouse, Bankstown. Khaled Cheikho waited in a motor vehicle in the car park. Elomar purchased two rolls of aluminium foil insulation tape and twelve plastic screw top antibacterial containers. Moustafa Cheikho purchased two rolls of the same insulation tape and placed it in a box being carried by a third person who was with Elomar.
217 At 5.30pm a vehicle SBW88A, with Moustafa Cheikho as driver, Khaled Cheikho as front passenger and Sharrouf as rear passenger, left the car park of Bunnings Warehouse. At the same time a second vehicle, with Elomar as the driver and another person as front passenger, left Bunnings. This second vehicle then went to Bankstown Centro shopping centre, where Elomar attended Ronnie's Discount Store and purchased five containers. Elomar then drove to his home, arriving at about 6.28pm.
218 On 3 November, at about 6.18pm, Mulahalilovic purchased a number of items from Bunnings Warehouse at Bankstown airport. These included priming fluid, cement, solvent, push on caps and six metres of PVC piping. (A receipt for these items was found in Mulahalilovic's premises on 8 November 2005.)
219 There was a meeting arranged at Hasan's premises for that evening. Present at various stages that afternoon and evening were Hasan, Khaled Cheikho, Moustafa Cheikho, Sharrouf, Touma, Jamal and Mulahalilovic.
220 During that same evening there were further SMS communications between Elomar and Khaled Cheikho using false name phones.
221 On 4 November there was a telephone conversation between Mulahalilovic and Baladjam relating to materials purchased the day before and the need to purchase more of them on that day.
222 On 4 November, in the early morning, Baladjam went into Discount Mania at Green Valley and purchased a single large roll of clear packing tape. Later in the morning Baladjam collected Mulahalilovic from his house and they went to the Trade Link Hardware store at Lakemba. Mulahalilovic went into the store and purchased a number of PVC caps to be used on the end of PVC piping. They were of the same size as those purchased the previous day. The two men were seen later unloading Mulahalilovic's vehicle and placing into Baladjam's vehicle a number of items which appeared to be PVC pipes.
223 In the afternoon of 4 November, Baladjam's brother and another man went to Mulahalilovic's premises in a white van. Mulahalilovic loaded a number of items from his premises into the back of the van, including two cardboard boxes and two full plastic bags. The van and Baladjam's vehicle travelled in convoy to Hoxton Park and then later the van was driven towards Liverpool.
224 There were further covert calls on 4 November between Baladjam, Elomar, Khaled Cheikho and other persons.
225 At 7.25pm Baladjam telephoned Mulahalilovic and said he had a headache and could not come to "lessons" and he would leave it until the next day.
226 Later that evening, there was a meeting between several of the men in Lakemba and later Elomar and the two Cheikhos were observed walking through the car park towards Greenacre.
227 On 6 November 2005, Baladjam's wife went to Bunnings Warehouse at The Crossroads and purchased six PVC caps. Further meetings were sought to be arranged between the men for 6 November, although the surveillance does not appear to make any reference to Sharrouf.
228 On 7 November, at 3.55pm, shortly after Hasan left his premises, a group of men arrived there and loaded into a van what appeared to be a half-barrel, 2 x 1.5-inch pipes and a number of unknown items.
229 Later that afternoon Elomar, Sharrouf, the two Cheikhos and Touma were observed on Chapel Road, Bankstown, outside the offices of Adam Houda, solicitor. The men dispersed in different vehicles and reassembled at Elomar's home at Condell Park.
230 At about 6.15pm Baladjam telephoned Mulahalilovic to arrange a meeting that evening.
231 On 8 November, as I have earlier noted, search warrants were executed on the premises of each accused and upon certain vehicles associated with each accused. All except Jamal were arrested and charged that day. Jamal was arrested on 20 December 2005.