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A Muslim man who sent letters to the families of Australian soldiers who died in Afghanistan telling them that their sons were war criminals is trying to have the indictment quashed on the grounds that it is unconstitutional, according to the Sydney Morning Herald.

Haron Monis sent at least 12 letters and CDs to the dead soldier’s families with the assistance of co-accused, Amirah Droudis.

He also sent letters to politicians and members of the Jewish community which described a Jewish soldier involved in the accidental killing of Afghani civilians as a “dirty animal” who is “a thousand times worse” than a pig, according the Herald:

Both men have been charged with using a postal service to menace, harass or cause offence under the 1995 Criminal Code Act.

But they have launched a bid to have the indictments thrown out on the grounds that this section of the Code breaches the implied right of political communication contained in the Australian constitution.

Having failed to make the case in the NSW District Court earlier this year, the men took their case to the NSW Court of Criminal Appeal yesterday, where they were represented by four barristers keen to make the constitutional claim.

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