FEDERAL COURT OF AUSTRALIA
Booth v Namoa [2019] FCA 2213
File number: NSD 2028 of 2019 Judge: RARES J Date of judgment: 19 December 2019 Catchwords: CRIMINAL LAW – control orders – application for interim control orders pursuant to Div 104 of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth) – interlocutory hearing – where respondent had been convicted of offence relating to terrorism – where respondent about to complete prison sentence – where difficult to determine whether respondent will not engage in acts relating to terrorism after release from prison – requirement of proportionality in evaluation of whether control order reasonably necessary, reasonably appropriate and adapted – proposed orders reasonably necessary, reasonably appropriate and adapted to achieve paramount objective in ss 104.1 and 104.4(2)(a) of protecting public from terrorist act
CRIMINAL LAW – control orders – nature and extent of controls – consideration of test under s 104.4(1) for evaluating whether and if so what controls should be ordered– whether interim control order should limit access to technology – consideration of impact of control orders on respondent’s ability to obtain employment – Held: interim control order made
Legislation: Criminal Code Act 1995 (Cth)
Criminal Code
Cases cited: McCartney v EB (2019) 263 FCR 170
McCloy v New South Wales (2015) 257 CLR 178
Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559
Date of hearing: 19 December 2019 Registry: New South Wales Division: General Division National Practice Area: Federal Crime and Related Proceedings Category: Catchwords Number of paragraphs: 52 Counsel for the Applicant: Mr P Melican Solicitor for the Applicant: Australian Government Solicitor Counsel for the Respondent: Mr C P O’Donnell SC Solicitor for the Respondent: Tully & Chiper Lawyers ORDERS
NSD 2028 of 2019 BETWEEN: SANDRA BOOTH
Applicant
AND: ALO-BRIDGET NAMOA
Respondent
JUDGE:
RARES J
DATE OF ORDER:
19 DECEMBER 2019
THE COURT ORDERS THAT:
1.Pursuant to s 104.4 of the Criminal Code, being the Schedule to the Criminal Code Act 1995 (Cth), upon the respondent being personally served and being released from custody (whichever is the latter), the respondent is bound by the terms of the Interim Control Order set out in the Schedule to these orders.
2.The applicant take all reasonable steps to ensure that any request for approval which the respondent makes to the AFP Superintendent (as defined in paragraph 23.1(b) of the Interim Control Order) in accordance with the Interim Control Order, including any request for exemption under paragraph 22, is determined as soon as reasonably practicable.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SCHEDULE
1.This Interim Control Order relates to the respondent, Alo-Bridget Namoa.
2.The Court is satisfied on the balance of probabilities that, for the purpose of s 104.4(1)(c)(iv) of the Criminal Code (being the Schedule to the Criminal Code Act 1995 (Cth)), the respondent…
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CaseChat Overview and Summary
The Federal Court found that the proposed interim control orders were indeed reasonably necessary, reasonably appropriate, and adapted to protect the public from potential terrorist activities by the respondent. The court reasoned that, given the respondent's history and the difficulty in predicting her future behavior, the proposed restrictions were proportionate and necessary to prevent any possible relapse into terrorist activities. The court further determined that the control orders were reasonably necessary to minimize the impact on the respondent's personal and financial circumstances while ensuring public safety.
The final orders included an interim control order binding the respondent, Alo-Bridget Namoa, upon her release from custody. This order outlined specific obligations, prohibitions, and restrictions, such as a curfew, restricted access to certain locations and technologies, and limitations on communication and association with specified individuals. Additionally, the court mandated that the applicant take reasonable steps to ensure timely determination of any requests for approval or exemption by the respondent. The interim control order was set to be in force until a confirmation hearing scheduled for 3 February 2020, at which the court would either confirm, declare void, or revoke the order.
Orders
Orders of the court
1. Pursuant to s 104.4 of the Criminal Code, being the Schedule to the Criminal Code Act 1995 (Cth), upon the respondent being personally served and being released from custody (whichever is the latter), the respondent is bound by the terms of the Interim Control Order set out in the Schedule to these orders.
2. The applicant take all reasonable steps to ensure that any request for approval which the respondent makes to the AFP Superintendent (as defined in paragraph 23.1(b) of the Interim Control Order) in accordance with the Interim Control Order, including any request for exemption under paragraph 22, is determined as soon as reasonably practicable.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SCHEDULE
1. This Interim Control Order relates to the respondent, Alo-Bridget Namoa.
2. The Court is satisfied on the balance of probabilities that, for the purpose of s 104.4(1)(c)(iv) of the Criminal Code (being the Schedule to the Criminal Code Act 1995 (Cth)), the respondent has been convicted in Australia of an offence relating to terrorism or a terrorist act, namely conspiring to do acts in preparation for, or planning, a terrorist act between 8 December 2015 and 25 January 2016 at Sydney, contrary to ss 11.5 and 101.6 of the Criminal Code.
3. The Court is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the respondent by the Interim Control Order is reasonably necessary, and reasonably appropriate and adapted, for the purposes of s 104.4(1)(d)(i) and (ii) of the Criminal Code.
4. The obligations, prohibitions and restrictions to be imposed on the respondent by this Interim Control Order are those set out in Annexure A to this Schedule.
5. A summary grounds on which the Interim Control Order is made is set out in Annexure B to this Schedule.
6. This Interim Control Order does not begin to be in force until it is served personally on the respondent and the respondent is released from custody.
7. If this Interim Control Order is confirmed, the confirmed control order is to be in force for 12 months after the day on which this Interim Control Order is made.
8. The respondent may attend the Federal Court of Australia, which is located at Level 17, Law Courts Building, 184 Phillip Street, Queens Square, Sydney NSW on 3 February 2020 at 9.30am for the Court to:
8.1. confirm (with or without variation) this Interim Control Order
8.2. declare this Interim Control Order to be void, or
8.3. revoke this Interim Control Order.
9. The respondent’s lawyer may attend the AFP Sydney office at 110 Goulburn St, Sydney NSW between 9 am to 4 pm, Monday to Friday in order to obtain a copy of this Interim Control Order.
Annexure A
1. Control 1
1.1. You are required to remain at premises:
a. nominated by you within 24 hours from the time that this Interim Control Order comes into force; and
b. approved in writing by the AFP Superintendent
(the specified premises),
between the hours of 10:00 pm and 6:00 am (the curfew period) each day from the day on which this Interim Control Order comes into force until the day that it ceases to be in force.
1.2. You must present and identify yourself at the specified premises during the curfew period upon request by a police officer.
2. Control 2
2.1. You are required to report to a police officer every Monday, between 7:00 am and 7:00 pm (the reporting period), at Fairfield Police Station, 40 Smart St, Fairfield, NSW, 2165.
3. Control 3
3.1. You are prohibited from being at any of the following areas:
a. within the exclusion zone at Sydney Airport, as identified by yellow shading in Annexure 1;
b. within the exclusion zone at Circular Quay, as identified by yellow shading in Annexure 2;
c. within the exclusion zone at White Bay, as identified by yellow shading in Annexure 3;
d. within 1 km of any Australian airport (besides Sydney Airport, which is addressed in Control 3.1.a) which has an international point of departure, or from which a person can board or charter a flight for an international destination;
e. within 1 km of any Australian port (besides Circular Quay and White Bay, which are addressed in Controls 3.1.b and 3.1.c) which has an international point of departure, or from which a person can board or charter a marine vessel for an international destination;
f. inside, or in the grounds of, any prison or correctional facility unless you are incarcerated there;
g. at the following residential addresses specified below:
i. Unit 2, 22 Owen St, Punchbowl, NSW, 2196 (Rose Karroum)
ii. 1 Miriam St, Bass Hill, NSW, 2197 (Siaunofilalao Kepu)
h. at the residence of any person with whom, by reason of Control 11, you are prohibited from communicating or associating; and
i. any place in Australia outside the state of New South Wales.
3.2. However, Control 3.1.a does not prohibit you from travelling via train through the exclusion zone identified in Annexure 1, although you are prohibited from getting on or off the train within that exclusion zone.
4. Control 4
4.1. You are prohibited from leaving Australia.
5. Control 5
5.1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely: accessing, acquiring, possessing or storing documents (including documents in electronic form) or electronic media, or attempting to access, acquire, possess or store documents (including documents in electronic form) or electronic media, which relate to any of the following:
a. explosives, explosive devices, initiation systems or firing devices;
b. firearms, ammunition or knives;
c. anti-surveillance or counter surveillance,
unless that material is:
d. published by a ‘constituent body’ of the Australian Press Council;
e. broadcast on Australian free to air television;
f. broadcast on Australian pay television;
g. shown in a commercial movie cinema;
h. broadcast on one of the following streaming services: Netflix; STAN; ABC iView; or SBS on demand; or
i. contained in material that is served on you or your legal representatives by or on behalf of the applicant in Federal Court proceeding Booth v Namoa (NSD 2028 of 2019), including any appeal from that proceeding.
6. Control 6
6.1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely: accessing, acquiring, possessing or storing documents (including documents in electronic form) or electronic media, or attempting to access, acquire, possess or store documents (including documents in electronic form) or electronic media, depicting or describing any:
a. execution;
b. beheading;
c. suicide attack;
d. bombing;
e. terrorist attack;
f. propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth); or
g. activities of, or associated with, any ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth),
unless that material is:
h. published by a ‘constituent body’ of the Australian Press Council;
i. broadcast on Australian free to air television;
j. broadcast on Australian pay television;
k. shown in a commercial movie cinema;
l. broadcast on one of the following streaming services: Netflix, STAN, ABC iView, SBS on demand; or
m. contained in material that is served on you or your legal representatives by or on behalf of the applicant in Federal Court proceeding Booth v Namoa (NSD 2028 of 2019), including any appeal from that proceeding.
7. Control 7
7.1. You are prohibited from the following specified activities (including in respect of your work or occupation), namely: producing or distributing documents (including documents in electronic form) or electronic media relating to:
a. explosives, explosive devices, initiation systems or firing devices;
b. firearms, ammunition or knives;
c. anti-surveillance or counter surveillance;
d. execution;
e. beheading;
f. suicide attack;
g. bombing;
h. terrorist attack;
i. propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth);
j. activities of, or associated with, any ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth).
8. Control 8
8.1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely: renting, purchasing, or driving any vehicle which exceeds a gross vehicle mass of 4.5 tonne.
9. Control 9
9.1. You are prohibited from undertaking paid employment without first notifying the AFP Superintendent in writing of the name and place of business of the employer.
9.2. The prohibitions, restrictions and requirements in Controls 12, 13, 16, 17, 18, 19 and 20, do not apply to your use of, or access to, the devices and services referred to therein for the sole purpose of your paid employment, provided you give written notice to the AFP Superintendent containing the following information:
9.2.1. In respect of a mobile telephone device – the phone number and make of the device, within 24 hours of your first use of the device;
9.2.2. In respect of a fixed or landline telephone service – the phone number of the service, within 24 hours of your first use of the service;
9.2.3. In respect of the platforms or services referred to in Control 16 – the name of the platform or service you have used, the username or account name you have used to access the platform or service, within 24 hours of your first use of the platform or service;
9.2.4. In respect of an internet service – the location at which the service is accessible and the device which you use to access the service, within 24 hours of your first use of the service;
9.2.5. In respect of an email account – the email address, within 24 hours of your first use of the account;
9.2.6. In respect of a computer – the location of the computer, within 24 hours of your first use of the computer; and
9.2.7. In respect of a tablet device – the model of the device, within 24 hours of your first use of the device.
9.3. The exception in paragraph 9.2.1 permits you to use, in addition to the permitted mobile phone referred to in Control 12, no more than one mobile telephone device at any one time.
9.4. The prohibitions, restrictions and requirements in Controls 16, 17, 18, 19 and 20, do not apply to your use of, or access to, the devices and services referred to therein for the sole purpose of undertaking a course of education or study, provided you give written notice to the AFP Superintendent containing the following information:
9.4.1. The name of the education or training provider, the course of study, the location of the campus, proof of enrolment and class schedule; and
9.4.2. In respect of the platforms or services referred to in Control 16 – the name of the platform or service you have used and the username or account name you have used to access the platform or service, within 24 hours of your first use of the platform or service;
9.4.3. In respect of an internet service – the location at which the service is accessible and the device which you use to access the service, within 24 hours of your first use of the service;
9.4.4. In respect of an email account – the email address, within 24 hours of your first use of the account;
9.4.5. In respect of a computer – the location of the computer, within 24 hours of your first use of the computer; and
9.4.6. In respect of a tablet device – the model of the device, within 24 hours of your first use of the device.
9.5. The exception in paragraph 9.4.2 is limited to use of or access to the platforms or services only via the ‘permitted mobile phone’ (as defined in Control 12) or the ‘permitted computer’ (as defined in Control 19).
10. Control 10
10.1. You are prohibited from possessing or using, or causing any person to act on your behalf to possess or use, any of these specified articles or substances, namely:
a. firearms, firearm part of or ammunition within the meaning of s. 4 of the Firearms Act 1996 (NSW);
b. a ‘prohibited weapon’ within the meaning of the Weapons Prohibition Act 1998 (NSW) legislation;
c. any quantity of any chemical which is not consistent with reasonable domestic use;
d. an article or device, not being a firearm, capable of discharging by any means:
i. any irritant matter in liquid, powder, gas, chemical form or any dense smoke; or
ii. any substance capable of causing bodily harm;
e. a detonator;
f. a fuse capable of use with an explosive or a detonator;
g. a knife, in a public place, without reasonable excuse;
h. anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
11. Control 11
11.1. You are prohibited from communicating or associating with:
a. any person incarcerated in any correctional facility;
b. any person located in Turkey, Iraq or Syria;
c. any of the following specified individuals:
i. Amnah RIMA (nee HAMZE) (Date of Birth: 08/09/1975);
ii. Bassam HAMZY (Date of Birth: 03/01/1979);
iii. Rose Honor KARROUM (Date of birth: 29/06/1990);
iv. Siaunofilalao KEPU (Date of Birth: 11/11/1998).
12. Control 12
12.1. You are prohibited from accessing or using, any mobile telephone device other than one mobile telephone device (the permitted mobile phone), and your use of the permitted mobile phone is subject to the following conditions:
a. before using the permitted mobile phone, you must present it to the AFP Superintendent (or a police officer specified in writing by the AFP Superintendent) for inspection;
b. before using the permitted mobile phone, you must advise the AFP Superintendent, in writing, of the following information: the International Mobile Equipment Identity number for the permitted mobile phone, the Integrated Circuit Card Identifier for the SIM card you will use with the permitted mobile phone, the telecommunication service provider which you will use with the permitted mobile phone, the password for the permitted mobile phone and the phone number to which the permitted mobile phone will be connected;
c. once you have advised the AFP Superintendent of the information required by paragraph 12.1.b above, you must not change, remove, modify or disconnect or cause any other person to change, remove, modify or disconnect on your behalf (including any employee or person acting on behalf of a telecommunications service provider) the SIM card, telecommunication service provider or phone number connected to the permitted mobile phone; and
d. if you change the password for the permitted mobile phone, you must provide the new password to the AFP Superintendent, or a police officer acting under the AFP Superintendent’s direction, if you are requested to do so by the AFP Superintendent or the police officer.
12.2. You are prohibited from causing or permitting another person to use or access the permitted mobile phone.
12.3. You are prohibited from causing or permitting another person to use or access any mobile telephone device on your behalf.
13. Control 13
13.1. You are prohibited from accessing or using any fixed or landline telephone service other than one service that has been approved in writing by the AFP Superintendent for you to access or use.
13.2. To seek approval, you must:
a. submit a written request to the AFP Superintendent which nominates the fixed or landline telephone service; and
b. provide any other information requested by or on behalf of the AFP Superintendent for the purpose of identifying the nominated fixed or landline telephone service.
13.3. You are prohibited from causing another person to use or access any fixed or landline telephone service on your behalf.
14. Control 14
14.1. You are prohibited from accessing or using, or causing any person to access or use on your behalf, any public telephone except in the case of an emergency, provided that you contact the AFP Superintendent as soon as possible after accessing or using such a public telephone and:
a. provide sufficient detail to the AFP Superintendent to identify the public telephone that you accessed or used, the date, time and phone number called; and
b. you explain the nature of the emergency which required you to access or use, or cause another person to access or use on your behalf, that public telephone.
15. Control 15
15.1. You are prohibited from accessing or using, or causing any person to access or use on your behalf, any satellite telephone service.
16. Control 16
16.1. You are prohibited from accessing or using, or causing any person to access or use on your behalf, any of the following websites, applications or computer programs (collectively, platforms), as the case may be:
a. FaceTime
b. WhatsApp
c. Viber
d. Telegram
e. Skype
f. Instagram
g. Snapchat
h. KIK
i. iCall
j. WeTalk
k. Lync2013
l. Nimbuzz Messenger
m. Whistle Phone
n. Talkatone
o. Discord
p. Google Duo
q. MagicApp
r. Signal Private Messenger
s. Zoiper IAX SIP VOIP Softphone
t. Beejive
u. Fring
v. JaJah
w. Line2
x. Talkatone
y. Truphone
z. Twitter
aa. Yahoo
bb. ICQ
cc. Google Talk
dd. MSN Messenger
ee. AIM
ff. Yahoo Messenger
gg. Packet8
hh. Google Hangouts.
16.2. In addition to the platforms listed in Control 16.1, you are prohibited from accessing or using, or causing any person to access or use on your behalf, any Voice Over Internet Protocol (VOIP) service.
16.3. In addition to the platforms listed in Control 16.1, you are prohibited from accessing or using, or causing any person to access or use on your behalf, any internet based messaging service.
16.4. However, Controls 16.2 and 16.3 do not prohibit access to or the use of:
a. Facebook (including Facebook Messenger), provided that:
i. you are limited to using a single Facebook account; and
ii. if that Facebook account exists at the time of making this Interim Control Order ¾ before accessing or using it, you advise the AFP Superintendent in writing of the profile name and account number of that account; or
iii. if that Facebook account does not exist at the time of making this Interim Control Order ¾ within 24 hours of creating it, you advise the AFP Superintendent in writing of that account’s profile name and account number; and
b. a website which includes an ‘instant chat’ function that allows a visitor to the website to send messages to, and receive messages from, the website host solely for the purpose of obtaining or providing customer service.
17. Control 17
17.1. You are prohibited from accessing or using any internet service other than a service that has been approved in writing by the AFP Superintendent for you to access or use (the permitted internet service).
17.2. To seek approval:
a. you must submit a written request to the AFP Superintendent which:
i. nominates the internet service provider account; and
ii. nominates the devices you will connect to the internet service (including but not limited to computers and televisions);
b. provide any other information requested by, or on behalf of, the AFP Superintendent, in relation to, or for the purpose of identifying, the nominated account and devices.
17.3. You are prohibited from causing any other person to access or use on your behalf any other internet service.
18. Control 18
18.1. You are prohibited from accessing or using any electronic mail (email) account other than an account that has been approved in writing by the AFP Superintendent for you to access or use (the permitted email account).
18.2. To seek approval:
a. you must submit a written request to the AFP Superintendent which nominates the email account; and
b. provide any other information requested by, or on behalf of, the AFP Superintendent in relation to, or for the purpose of identifying, the nominated account which you will be accessing or using.
18.3. You are prohibited from causing or permitting another person to use or access the permitted email account.
18.4. You are prohibited from causing any other person to access or use on your behalf any email account.
19. Control 19
19.1. You are prohibited from accessing or using any computer other than a computer that has been approved in writing by the AFP Superintendent for you to access or use (the permitted computer) and your use of the permitted computer is subject to the following conditions:
a. before using the permitted computer, you must provide the password for the permitted computer to the AFP Superintendent; and
b. if you change the password for the permitted computer, you must provide the new password to the AFP Superintendent, or a police officer acting under the AFP Superintendent’s direction, if you are requested to do so by the AFP Superintendent or the police officer.
19.2. To request approval under Control 19.1 you must:
a. submit a written request to the AFP Superintendent which nominates the computer; and
b. provide any information requested by or on behalf of the AFP Superintendent in relation to, or for the purpose of identifying and accessing, the nominated computer.
20. Control 20
20.1. You are prohibited from accessing or using, or causing any person to access or use on your behalf, any tablet device, including but not limited to an iPad or a Samsung Galaxy Tab.
20.2. However, Control 20 does not prohibit you from accessing or using a computer with tablet device functionalities that is approved for use as the ‘permitted computer’ pursuant to Control 19.
21. Control 21
21.1. You are required to consider in good faith participating in counselling or education relating to your spiritual, emotional and physical wellbeing, with a suitably qualified professional counsellor or publicly recognised religious leader, for at least 60 minutes per week.
21.2. If you agree to participate in such counselling or education you must advise the AFP Superintendent in writing that you have commenced the counselling or education and provide the AFP Superintendent the name and qualifications of the professional you have engaged.
22. Exemption
22.1. You may request the AFP Superintendent approve an exemption to the requirements or prohibitions (as the case may be) specified in Control 1.1, Control 2.1, Control 3.1.i and Control 11.1.b.
22.2. To request an exemption, you must:
a. submit a written request to the AFP Superintendent which: (i) identifies the Control in respect of which you seek an exemption; (ii) explains the extent to which you seek to be exempted from the Control; and (iii) explains your reason(s) for seeking the exemption; and
b. provide any other information requested by, or on behalf of, the AFP Superintendent for the purposes of determining whether to approve the exemption.
22.3. The AFP Superintendent may grant an exemption subject to conditions specified in writing.
22.4. You must comply with all of the conditions specified in writing by the AFP Superintendent. If you do not comply with a condition to an exemption, the exemption is (and will be taken to have been for all purposes) of no effect.
22.5. A request for an exemption must be made before the material time and date.
22.6. If the AFP Superintendent has not approved an exemption by the material time and date, the request is deemed to have been refused.
23. Interpretation
23.1. In this Interim Control Order:
a. Material time and date means:
i. in relation to a request for an exemption to the requirement in Control 1.1 ¾ the commencement of the curfew period that is the subject of the request (and, if more than one curfew period is the subject of the request, the first of those curfew periods);
ii. in relation to a request for an exemption to the requirement in Control 2.1 ¾ before the conclusion of the reporting period that is the subject of the request (and, if more than one reporting period is the subject of the request, the first of those reporting periods);
iii. in relation to a request for an exemption to the requirement in Control 3.1.i ¾ the time and date at which you wish to depart New South Wales; and
iv. in relation to a request for an exemption to the requirement in Control 11.1.b ¾ the time and date at which you wish to communicate with a person located in Turkey, Iraq or Syria.
b. AFP Superintendent means a member of the Australian Federal Police performing the duties of a Superintendent within the Counter Terrorism portfolio.
c. Password includes but is not limited to any passcode, swipe pattern or any information or function necessary to facilitate access to the applicable device.
d. Police officer means a ‘member’ or ‘special member’ of the Australian Federal Police, as defined by the Australian Federal Police Act 1979 (Cth), or a ‘police officer’ within the meaning of the Police Act 1990 (NSW).
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The material before Fagan J, including the transcript of Ms Namoa’s evidence on sentence and the documents she had written, are in the material before me. Ms Namoa a year ago gave evidence at the sentencing hearing. There is no more recent, relevant material to suggest any reason to think, for present purposes, that the positive factors in Ms Namoa’s favour to which Fagan J referred have not continued to be in place. Consideration On my assessment, there is still a real and reasonable risk that Ms Namoa remains a person about whom it is not possible conclusively to say that she is not at risk of relapsing to, or actually maintaining, the offending behaviours that led to her conviction, although, as I have said, there are many positive indications that she has abandoned those behaviours. The statement of facts pursuant to s 104.2(3)(aa)(i) relating to why Commander Booth contended that the interim control order should be made contains evidence that Ms Namoa wrote letters on 28 October 2018 and 2 July 2019 to two other inmates in the prison in which she described herself as “your baby terrorist”. The content of those letters may be explicable as consistent with the advice of the prison officials to which Fagan J referred, namely that Ms Namoa maintain a semblance in prison that she was adhering to her earlier beliefs and behaviours, for her own protection in that environment. The problem with which I am faced is that in cases involving persons who have been prepared to ascribe to, and act on, fundamentalist, violent or antisocial beliefs or practices, it is not always possible, objectively, to ascertain whether a subsequent renunciation is genuine or, even if genuine, one that the person can maintain because of his or her personality traits, education and psychological conditions that led to the initial adoption of those toxic beliefs. Experience of life requires a recognition that vulnerable people, such as Ms Namoa, are able to exhibit strength in certain situations, but when re-exposed to the company of persons who still adhere to those toxic beliefs or practices, will not be able to maintain the reformed strength and will succumb to the previous malign influence. The evidence presently before me indicates that Ms Namoa is a person who is vulnerable and, in the past, has succumbed to those vulnerabilities by adopting jihadist or fundamentalist beliefs and behaviours that resulted in her conviction. On her evidence and Fagan J’s findings that accepted that evidence, she maintained those behaviours for some time from the age of about 15 until abandoning those beliefs and behaviours in prison. In Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 at 574 to 575, Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow JJ said:The course of the future is not predictable, but the degree of probability that an event will occur is often, perhaps usually, assessable. Past events are not a certain guide to the future, but in many areas of life proof that events have occurred often provides a reliable basis for determining the probability — high or low — of their recurrence. The extent to which past events are a guide to the future depends on the degree of probability that they have occurred, the regularity with which and the conditions under which they have or probably have occurred and the likelihood that the introduction of new or other events may distort the cycle of regularity. In many cases, when the past has been evaluated, the probability that an event will occur may border on certainty. In other cases, the probability that an event will occur may be so low that, for practical purposes, it can be safely disregarded. In between these extremes, there are varying degrees of probability as to whether an event will or will not occur. But unless a person or tribunal attempts to determine what is likely to occur in the future in relation to a relevant field of inquiry, that person or tribunal has no rational basis for determining the chance of an event in that field occurring in the future.Determining whether there is a real chance that something will occur requires an estimation of the likelihood that one or more events will give rise to the occurrence of that thing. In many, if not most cases, determining what is likely to occur in the future will require findings as to what has occurred in the past because what has occurred in the past is likely to be the most reliable guide as to what will happen in the future. It is therefore ordinarily an integral part of the process of making a determination concerning the chance of something occurring in the future that conclusions are formed concerning past events. (emphasis added)