Terror Witness Waiting to Speak Out

Convicted terrorist Jack Roche, whose offer to provide information about Osama bin Laden and other Al Qaeda leaders was ignored by authorities four years ago, wants to volunteer his help again.

From Hakea prison in suburban Perth, where he is serving nine years for plotting to blow up the Israeli Embassy in Canberra, Roche has offered to testify in the trials of top suspected terrorists in Europe and Asia, including Indonesian cleric Abu Bakar Bashir.

In exchange, he’s angling for an early release from prison and placement in a witness-protection program. Instead, the Australian government has gone to court to try to add a decade to his sentence.

Roche, whose sentence has already been trimmed from 10 years on condition that he answer investigators’ questions, has given police detailed statements intended for authorities in Indonesia, Germany and France. The European countries are interested in his knowledge of Christian Ganczarski, an alleged conspirator in the 2002 bombing of a Tunisian synagogue that killed 21 people, mostly German tourists. Ganczarski is being held in France.

The standoff over his sentence means Roche may never take the witness stand. He has refused to sign the statements he gave police as long as the threat of a longer term hangs over him.

The Australian government, arguing that his sentence is too lenient, has asked the appellate court for a term “approaching the maximum” of 25 years. A hearing is set for Sept. 9. “I don’t think there would be much inclination to give him a get-out-of-jail-free card,” said Steve Ingram, spokesman for Atty. Gen. Philip Ruddock. “His sentence was already reduced in the anticipation of future cooperation.”

Roche’s defenders contend that the government is more concerned about appearing tough on terrorism at home than helping foreign governments lock up suspects who pose a significant threat. According to sources familiar with the case, Roche believes he has more than fulfilled his promise to talk with the police.

The May verdict against Roche was the country’s highest-profile terrorism conviction, but the government’s handling of the case has been plagued by missteps.

Roche, a British-born convert to Islam, was recruited in the 1990s into the Jemaah Islamiah network -- which Bashir allegedly leads -- by Indonesian immigrants in Sydney.

As a naturalized Australian citizen who could travel freely in the West, Roche received special attention at the highest levels of Jemaah Islamiah and its umbrella organization, Al Qaeda.

Roche went to Indonesia, Malaysia, Pakistan and Afghanistan, meeting most of the top leaders of the two groups. In 2000, he briefly met Bin Laden at an Al Qaeda training camp in Afghanistan.

He came back to Australia with orders to organize a white Australian cell and begin surveillance on terrorism targets. But he returned with misgivings about his role.

Fearing he would be killed if he tried to back out, he decided to become a government informant. At the time, he had information on the whereabouts of Bin Laden; Khalid Shaikh Mohammed, who had allegedly begun organizing the Sept. 11 attacks on the U.S.; and Hambali, the Jemaah military commander who was allegedly behind the 2002 Bali nightclub bombing that killed 202 people, including 88 Australians.

Roche telephoned the Australian Security Intelligence Organization three times in mid-2000 offering detailed information about Al Qaeda. Agents took notes on the conversations but never got back to him. He says he called the U.S. Embassy in Canberra to offer the same information, but the Americans also were uninterested.

Roche eventually distanced himself from Jemaah Islamiah but was arrested in 2002 during a crackdown on Islamic extremists after the Bali bombing.

Roche’s knowledge of how Al Qaeda and Jemaah Islamiah work -- and the links between the groups -- could yet prove valuable to international investigators.

French authorities are interested in questioning him as part of investigations into the suicide bombing that killed French and German tourists at an ancient synagogue in Djerba, Tunisia, and into a French-based network that allegedly recruited jihadis and trained them in the forests near Fontainebleau.

Willie Brigitte, believed to be connected with the French group, allegedly plotted to carry out a terrorist attack in Australia before he was deported to France in 2003.

Judge Jean-Louis Bruguiere, France’s leading anti-terrorism magistrate, told the Los Angeles Times that he sent Australian authorities a formal request to interrogate Roche and plans to come to Australia to interview him personally. “I am interested in questioning him about the Djerba case and about Willie Brigitte,” Bruguiere said. “I will certainly go to Australia, but I do not know yet when I will go.”

Roche could be helpful in providing information about Ganczarski, the naturalized German citizen who is accused of playing a key role in the Tunisia bomb plot along with alleged Sept. 11 plotter Mohammed, who was arrested in Pakistan last year and is in U.S. custody.

During his sessions with the Australian police, Roche picked Ganczarski out of a photo lineup, a source familiar with the case said. Roche’s statements place the German in Al Qaeda’s inner circle at the time of their visit to Afghanistan, potentially key evidence against him.

In Indonesia, Roche could be part of the high-profile prosecution of Bashir, who will soon be tried on charges of terrorism and conspiracy.

Authorities allege that Bashir is the leader of Jemaah Islamiah, which is blamed for the Bali bombing. Bashir has repeatedly denied the charge and says the group does not exist. With Jemaah said to inspire great loyalty in its adherents, Roche is one of the few people willing to testify against Bashir.

Roche says he met with Bashir many times over the years in Australia, Malaysia and Indonesia. He says he has no doubt that Bashir is the group’s emir.

During one visit, Roche says, he walked in on a meeting between the cleric and the top regional leaders of Jemaah Islamiah. Bashir referred to them as “my generals,” according to Roche’s account.

Roche has said that Bashir is careful to protect himself by not discussing details of plots and by operating through trusted associates, such as a man known as Hambali, born Encep Nurjaman, who also was allegedly a top Al Qaeda operative before his arrest last year in Thailand.

Roche says Bashir made it clear to him that he did not want to know any details of his Australian terrorism assignment but told him to do whatever Hambali said.

In mid-2000, however, Bashir became personally involved, telephoning Roche in Australia and ordering him to stop his activities. Such testimony could be significant if introduced at Bashir’s trial.

In Indonesia, prosecutors have struggled to keep Bashir locked up. The Indonesian Supreme Court overturned the cleric’s treason conviction last year.

The Constitutional Court ruled recently that the anti-terrorism law adopted after the Bali bombing could no longer be used to prosecute suspects in that attack because the law could not be applied retroactively.

Australian Prime Minister John Howard pledged last week to leave “no stone unturned” in helping Indonesia keep the Bali bombers behind bars. Australian Foreign Minister Alexander Downer said, “The issue for us is that Abu Bakar Bashir face justice for his alleged involvement in terrorism.”

In Indonesia, however, some officials were puzzled about Australia’s professed commitment to the Bashir case.

Prosecutor Kuntadi, one of three handling the case, said he had never heard of Roche and that the Australian was not on the list of prosecution witnesses.

Brig. Gen. Pranowo, director of the police anti-terrorism department, said Indonesia had requested a statement from Roche but was still waiting to receive an official copy.

He said prosecutors could not use Roche’s information or call him as a witness until an Australian court sent them a certified copy of his statement.

“The Indonesian police have asked for the witness statement of Jack Roche, but so far we have not received the official copy,” the general said. “Because of that, we cannot use his testimony as evidence, and we cannot use him as a witness in Abu Bakar Bashir’s trial.”

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Times staff writer Sebastian Rotella in Paris and Sari Sudarsono of The Times’ Jakarta Bureau contributed to this report.