Thomas had been the first Australian to be convicted under anti-terrorism laws introduced in Australia after the 11 September 2001 attacks in the United States . He was sentenced on 31 March 2006 to five years prison with a non-parole period of two years . The trial was highly controversial , as the evidence used to prosecute Thomas consisted solely of an interview conducted in a Pakistani military prison . Despite claims that the evidence was obtained under duress and that Thomas had been tortured , the judge deemed the interview to be admissible . The conviction was overturned on appeal by the Victorian Court of Appeal in the case of '' R v Thomas '' , with the appeals judges ruling that the trial judge should have ruled the evidence inadmissible
11 September 2001 attacks
September 11 attacks
Thomas v Mowbray