Friday 2 November 2007

Rule of law and separation of powers compromised in Howard's Australia

Dr. Mohamed Haneef was found not guilty of terrorism charges, was eventually released and then deported by the Howard Government.
 
The Australian reported today.
"CONFIDENTIAL emails between top AFP agents and a senior public servant advising Immigration Minister Kevin Andrews indicate that there was a secret plan to thwart a decision by a magistrate to release then terror suspect Mohamed Haneef on bail.
The emails show the AFP was aware of a weekend "contingency" plan to ensure the Indian doctor would remain behind bars by having Mr Andrews revoke his visa under the Migration Act in the event of bail being granted by Brisbane magistrate Jacqui Payne on the following Monday.-------
The emails, obtained under Freedom of Information laws by Dr Haneef's lawyers, show that while the AFP was uncertain on Saturday, July 14, after an initial bail hearing whether Dr Haneef would be freed two days later by Ms Payne, the police had developed "contingencies".
The first email, written by Brisbane-based counter-terrorism co-ordinator David Craig to commanders of the AFP's counter-terrorism unit at 5.22pm on July 14, states: "Contingencies for containing Mr HANEEF and detaining him under the Migration Act, if it is the case he is granted bail on Monday, are in place as per arrangements today."
Under the Migration Act, such a contingency necessarily needed to involve Mr Andrews.
This email was forwarded at 8.10am on Monday, July 16, by agent Luke Morrish, the AFP's Canberra-based acting manager for domestic counter-terrorism, to top Immigration Department public servant Peter White."
 
The Australian article:
Copy of Haneef email:

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