Legal expert claims women accused of keeping Yazidi slave under ISIS rule face uphill battle if they seek bail
‘This is something that is extraordinarily rare, and we’re seeing legal history play out in real time.’
Two Melbourne women accused of crimes against humanity over their alleged involvement with ISIS are expected to remain behind bars for now, as legal experts warn any future bid for bail would face an uphill battle.
Corsa Ahmad, 53, and her daughter Zainab Ahmad, 31, are the first people in Australia to be charged with crimes against humanity after returning from Syria.
The mother and daughter duo are facing a series of disturbing allegations stemming from their time in the ISIS caliphate, with the Commonwealth expected to push for the charges to be upgraded to terror-related offences.
The older woman is accused of enslavement, possessing and using a slave, and engaging in slave trading, while the younger woman is accused of enslavement and using a slave.
Prosecutors allege the pair knowingly kept a woman as a slave while living in Syria under ISIS rule.
The pair are facing six charges between them, with each charge carrying a maximum penalty of 25 years in prison.
The women were expected to apply for bail in Melbourne Magistrates Court on Monday, however the court has since indicated the application may not proceed and is likely to be rescheduled for a later date.
Criminal lawyer Jahan Kalantar said the case represents an extraordinarily rare moment in Australian legal history.
“I think that we’re experiencing maybe the first articulation of these crimes in modern history,” Kalantar said.
“This is something that is extraordinarily rare, and we’re seeing legal history play out in real time.”
In Melbourne courts, charges are typically read out in “vivid detail”, meaning future proceedings could provide a far clearer picture of what the pair allegedly did during their time in the ISIS caliphate.
Kalantar said any future bid for bail would face significant hurdles.
He said the chances of the pair securing bail were “exceedingly low” but “not as low as the general public might expect”.
“Some of the factors that support bail is that they return to Australia voluntarily, perhaps part of their defence, which I imagine will be something along the lines of we were coerced into doing these things,” he said.
However, the court would also weigh the seriousness and gravity of the allegations.
If the case proceeds to trial, it could still be years away because of the complexity of gathering evidence from a hostile conflict zone and navigating jurisdictional challenges.
Kalantar said cases of this nature were unlikely to proceed unless prosecutors believed they had substantial evidence.
A significant police presence was established outside Melbourne Magistrates Court ahead of Monday’s hearing.
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