Is the Dr Haneef Case now Putting the Anti-Terror Laws on Trial?
July 22nd 2007 04:15
Is the Dr Haneef Case now Putting the Anti-Terror Laws on Trial?
You would expect that laws created to deal with the worst of the worst would be used on the worst of the worst.
You would expect that accuracy of information was essential,
You would expect communications from the Law enforcement bodies and the government would be carefully and transparently distributed to the public,
You expect that justice would be swift and the proportional to the alleged crime.
You would expect the government to put petty party politics to one side and act in the best interests of the nation, its people and justice.
You would expect that government would not try to abuse power for the sake of power.
You would expect that the deprivation of liberty of any person should be done so with out serious cause to do so.
You should expect all these things to happen but in the Dr Haneef case has it happened?
Failure to do so only makes the reading of any case to be a litany of in competences and petty malice. Had the nature of the alleged crimes and the severity of the punishment not been so serious this would be an absolute comedy. Not many people seem to be laughing now as the chorus of protests begins.
Three weeks ago no one had heard about Dr Haneef but now he is the headline on almost every newspaper from Australia to India. A car bomb at Britain’s Heathrow Airport, where some bungling suicide bomber tried to kill hundreds in a suicide blast, suddenly changed all that. The amateur construction of the bomb was described by law enforcement offices as being the main reason why so few people were killed. Dr Haneef was a cousin of one dead terrorist and was arrested in Australian trying to catch a one way flight to India. For days it was allege that we now have an Australian link to the British bomber and we needed time to ensure the safety of the public. The new anti-terrors were to be used for the first time to prevent the suspect from speaking to a lawyer and removed any right to silence. The penalty for no speaking even if it is self incriminating, even with out the advice of a layer, is 5 years in prison. Not 5 years for withholding evidence, but 5 years for not answering any and all questions asked whether it is relevant to the case or not.
The anti-terror laws permitted questioning for no more than 24hrs before Dr Haneef could be released. Federal Police used up the initial 12 hour questioning and delayed using the next 12 hours of questioning for nearly 13 days. Effectively the law could have been used to keep someone in custody indefinitely so long as the total 24 hours were not used. The reason given for this harsh treatment was the report that Dr Haneef’s SIM card was found in the remnants of the mobile Phone used to trigger the explosives. Dr Haneef claimed was because he innocently left his mobile as gift to his cousin. The Federal Police charged Dr Haneef with ‘Recklessly Aiding Terrorist a Group.’ The presiding judge hearing the charges decided that the case was weak and immediately granted bail. So far it seem just a case of tough justice working slowly but eventually getting done. The suspect was considered to innocent until guilty and the judge considered him not to be a major risk to society.
“Not so,” says the minister of immigration who decided to circumvent the release of Dr Haneef and send him to the Villawood Detention Center to be processed for deportation. The explanation from the minister was that he had additional information with held from the courts and the defense lawyer. This has created a baffling situation for anyone who has no access to the so called ‘Secret Information’ using the character
Now the farce begins:
The secret information that Minister was said to have used was in police brief that had not seen at the time.
The minister refuses to state the reasons for bad his bad character assessment.
The defense lawyer is unable to see this information either and therefore will have trouble making any formal reply to what he does not know about.
Details are being leaked to the media that could only be coming from either the Ministers office or the federal police
The judge that granted Dr Haneef bail has condemned that government stating for their actions.
Dr Haneef’s lawyer have decided not to post bail prevent the immigration department from deporting him. Also the conditions and legal protections are far better than in Villawood Immigration detention.
New information:
The story that Dr Haneef’s SIM card was found at the blast site has turned out to be false.
The SIM card and Mobile phone were found over 100kms away at the time of the blast with a person that Scotland Yard has already released from custody.
This information was known to the Australian Federal Police and the Minister but they both saw fit not to tell the public.
Baffling Situations:
Despite the mounting pressure and obvious contradictions The Immigration minister refuses to reconsider his decision to deport Dr Haneef.
This has now created rift with the Indian Government who have called for transparent and equal treatment of Dr Haneef.
Protests are building in the media and the public arena with notable people like: Former Liberal Prime Minister Malcolm Frazer; Former Governor General Bill Haden, Judges, lawyers and civil liberty groups expressing dismay.
Speculation is now building in the prominent Indian News Papers about why Dr Haneef is being treated in such away.
The diplomatic front is also building in what is reminiscent of justice toward Indian nationals in Colonials times.
Still the Minister for Immigration has refused to state why he made his decision or to entertain any thoughts or reconsidering it.
The head of the Australian Federal Police has asked the media to control what they are reporting about this case.
There is an unconfirmed leak that the Australian Attorney General Philip Ruddock wants Dr Haneef deported immediately to stifle this political debate before it becomes too damaging for the government.
Analysis of possible problems:
India Rising
We cannot ignore the diplomatic anger that is building from the Indian government. The independence movement was given momentum due to legal situation just like this. Justice not being seen to be done can be seen as sacrificing one person for political expediency. This may seem fair to a ruthless pragmatist but not anyone with slightest knowledge about Colonial India. Expect a major diplomatic backlash if this case is not resolved. Indians will not be happy to be treated as less valuable than non Indians. (Beware the ghost of Mahatma Gandhi.)
Australia
The new anti terror law were explained by the Liberal government as protecting the public and at the same time ensuring balance in the justice system. They said it was meant to catch the worst terrorists and we should trust that such powers would never be abused for political gain.
The controversy of the laws being passed through parliament seems to only be exceeded by there first serious test case. Suddenly there seems to be an arrogant nature to the whole episode from the government that could easily be seen as political in nature.
People have every right to demand a good and rational explanation for the harsh treatment of Dr Haneef. Saying that he ‘looks guilty’ is not good enough, nor is ‘guilt by association’. Such attitudes are an anathema to Australian legal justice system and the traditions that it adopted from nearly a thousand years British justice that it was based upon. Regardless of the nature of the crime (remember terrorism is crime that existed before 9-11) the assumption of innocence and the independence of the courts from political interference are the rights that protect everyone from abuse. Yet until there is a clear case that Dr Haneef has done something wrong and the evidence has been judiciously tested there will always be a cloud of suspicion.
I do not trust any government to have such unbridled powers as they always seem to fall into the hands of the unscrupulous and the well meaning but dangerous fanatic. Power and ruthless self survival is often the nature of politics. This is the opposite to Justice and it is either ‘Justice for One or it is Justice for None’.
With the first real test case we have a government that looks to be trying cover up and hide information purely for political gain. It is possible that this will start to put their own anti-terror laws on trial as being the pro-terror laws that we all fear.
You would expect that laws created to deal with the worst of the worst would be used on the worst of the worst.
You would expect that accuracy of information was essential,
You would expect communications from the Law enforcement bodies and the government would be carefully and transparently distributed to the public,
You expect that justice would be swift and the proportional to the alleged crime.
You would expect the government to put petty party politics to one side and act in the best interests of the nation, its people and justice.
You would expect that the deprivation of liberty of any person should be done so with out serious cause to do so.
You should expect all these things to happen but in the Dr Haneef case has it happened?
Failure to do so only makes the reading of any case to be a litany of in competences and petty malice. Had the nature of the alleged crimes and the severity of the punishment not been so serious this would be an absolute comedy. Not many people seem to be laughing now as the chorus of protests begins.
Three weeks ago no one had heard about Dr Haneef but now he is the headline on almost every newspaper from Australia to India. A car bomb at Britain’s Heathrow Airport, where some bungling suicide bomber tried to kill hundreds in a suicide blast, suddenly changed all that. The amateur construction of the bomb was described by law enforcement offices as being the main reason why so few people were killed. Dr Haneef was a cousin of one dead terrorist and was arrested in Australian trying to catch a one way flight to India. For days it was allege that we now have an Australian link to the British bomber and we needed time to ensure the safety of the public. The new anti-terrors were to be used for the first time to prevent the suspect from speaking to a lawyer and removed any right to silence. The penalty for no speaking even if it is self incriminating, even with out the advice of a layer, is 5 years in prison. Not 5 years for withholding evidence, but 5 years for not answering any and all questions asked whether it is relevant to the case or not.
The anti-terror laws permitted questioning for no more than 24hrs before Dr Haneef could be released. Federal Police used up the initial 12 hour questioning and delayed using the next 12 hours of questioning for nearly 13 days. Effectively the law could have been used to keep someone in custody indefinitely so long as the total 24 hours were not used. The reason given for this harsh treatment was the report that Dr Haneef’s SIM card was found in the remnants of the mobile Phone used to trigger the explosives. Dr Haneef claimed was because he innocently left his mobile as gift to his cousin. The Federal Police charged Dr Haneef with ‘Recklessly Aiding Terrorist a Group.’ The presiding judge hearing the charges decided that the case was weak and immediately granted bail. So far it seem just a case of tough justice working slowly but eventually getting done. The suspect was considered to innocent until guilty and the judge considered him not to be a major risk to society.
“Not so,” says the minister of immigration who decided to circumvent the release of Dr Haneef and send him to the Villawood Detention Center to be processed for deportation. The explanation from the minister was that he had additional information with held from the courts and the defense lawyer. This has created a baffling situation for anyone who has no access to the so called ‘Secret Information’ using the character
Now the farce begins:
The secret information that Minister was said to have used was in police brief that had not seen at the time.
The minister refuses to state the reasons for bad his bad character assessment.
The defense lawyer is unable to see this information either and therefore will have trouble making any formal reply to what he does not know about.
Details are being leaked to the media that could only be coming from either the Ministers office or the federal police
The judge that granted Dr Haneef bail has condemned that government stating for their actions.
Dr Haneef’s lawyer have decided not to post bail prevent the immigration department from deporting him. Also the conditions and legal protections are far better than in Villawood Immigration detention.
New information:
The story that Dr Haneef’s SIM card was found at the blast site has turned out to be false.
The SIM card and Mobile phone were found over 100kms away at the time of the blast with a person that Scotland Yard has already released from custody.
This information was known to the Australian Federal Police and the Minister but they both saw fit not to tell the public.
Baffling Situations:
Despite the mounting pressure and obvious contradictions The Immigration minister refuses to reconsider his decision to deport Dr Haneef.
This has now created rift with the Indian Government who have called for transparent and equal treatment of Dr Haneef.
Protests are building in the media and the public arena with notable people like: Former Liberal Prime Minister Malcolm Frazer; Former Governor General Bill Haden, Judges, lawyers and civil liberty groups expressing dismay.
Speculation is now building in the prominent Indian News Papers about why Dr Haneef is being treated in such away.
The diplomatic front is also building in what is reminiscent of justice toward Indian nationals in Colonials times.
Still the Minister for Immigration has refused to state why he made his decision or to entertain any thoughts or reconsidering it.
The head of the Australian Federal Police has asked the media to control what they are reporting about this case.
There is an unconfirmed leak that the Australian Attorney General Philip Ruddock wants Dr Haneef deported immediately to stifle this political debate before it becomes too damaging for the government.
Analysis of possible problems:
India Rising
We cannot ignore the diplomatic anger that is building from the Indian government. The independence movement was given momentum due to legal situation just like this. Justice not being seen to be done can be seen as sacrificing one person for political expediency. This may seem fair to a ruthless pragmatist but not anyone with slightest knowledge about Colonial India. Expect a major diplomatic backlash if this case is not resolved. Indians will not be happy to be treated as less valuable than non Indians. (Beware the ghost of Mahatma Gandhi.)
Australia
The new anti terror law were explained by the Liberal government as protecting the public and at the same time ensuring balance in the justice system. They said it was meant to catch the worst terrorists and we should trust that such powers would never be abused for political gain.
The controversy of the laws being passed through parliament seems to only be exceeded by there first serious test case. Suddenly there seems to be an arrogant nature to the whole episode from the government that could easily be seen as political in nature.
People have every right to demand a good and rational explanation for the harsh treatment of Dr Haneef. Saying that he ‘looks guilty’ is not good enough, nor is ‘guilt by association’. Such attitudes are an anathema to Australian legal justice system and the traditions that it adopted from nearly a thousand years British justice that it was based upon. Regardless of the nature of the crime (remember terrorism is crime that existed before 9-11) the assumption of innocence and the independence of the courts from political interference are the rights that protect everyone from abuse. Yet until there is a clear case that Dr Haneef has done something wrong and the evidence has been judiciously tested there will always be a cloud of suspicion.
I do not trust any government to have such unbridled powers as they always seem to fall into the hands of the unscrupulous and the well meaning but dangerous fanatic. Power and ruthless self survival is often the nature of politics. This is the opposite to Justice and it is either ‘Justice for One or it is Justice for None’.
With the first real test case we have a government that looks to be trying cover up and hide information purely for political gain. It is possible that this will start to put their own anti-terror laws on trial as being the pro-terror laws that we all fear.
| 55 |
| Vote |
Add To: 
Subscribe to this blog
Comment by David
I don't have time to write much. I've just been arrested for using John Howard's login details on U-Tube.
David ...
Comment by Louie
Climate Forum
Climate Red
randomthoughts
Phil's Wellness Tips
LOL David, hope you have a proper Visa so your Bail stands.....
Comment by Damo
For the Sake of Argument
My Apologetics
That is is the funniest comment I have seen all week.
Have you ever seen a film called Brazil?
"Be a good friend and stay aways from me until it all blows over."
Comment by Damo
For the Sake of Argument
My Apologetics
Thanks for your comments
I think from my viewpoint it is more angering than scary.
My wife has sent some of our old mobiles to people we hardly knew in Sri Lanka. We have no idea where those phones are.
Do you know a terrorist?
According to the judge that posted bail in this case she should also be charged on the same grounds.
Comment by Mountain Fog
Infognito
Remember the bungling effort done by our 'anti terror specialists', with that Frenchman, Brigitte I think his name was? They let him go because he got on a plane on the weekend, when asio's office was closed because of budget constraints??!!!
I always wondered about that explanation....
And what of the only known 'terrorist attack', outside of war, on Australian soil, the Hilton Hotel Bombing, when the CHOGM conference was on, and the authorities alleged the Ananda Marga were behind the failed assassination attempt of Desai, the Indian leader.
They convicted this hapless fellow, a white Aussie local, who joined the Ananda Marga, a religious sect I think, then, after appeals etc, seven years in gaol, his conviction is quashed, because he just had nothing to do with it!!!!
Then who did? Why was the investigation not restarted?
What happened to the guy the Ananda Marga people claimed befriended them just before the attack, then, while in their car on the day, or near after the attack, this guy jumped out suddenly in traffic and left a a bag in their car, then the car is pulled over shortly afterward, and the police find incriminating evidence in the bag!!!
Maybe those posters, and an objecting policeman who had unsettling evidence of a prewarning from other government people, (or some such can't quite remember what it was he said), were right, by pointing the finger to our own security services' involvement in the attack.
It was alleged our security services wanted to stop the government from decreasing their budgets, (due to a lack of threat on Oz soil) by creating the act of terror themselves! It has been done by Western nations before you know...it even has a title, 'state sponsored terrorism'. You can download American plans for such devilish activites on the net, papers declassified from the Pentagon, one such paper details an exercise on how to attack the Wolrd Trade centre buildings and the Pentagon...using commercial aircraft....sound familiar?
Anyway, the Hilton thing happened 20 years ago, yet, nothing was ever done about who was really behind the bomb, which killed an innocent garbo, and injured police and bystanders.
What is happening to this Indian doctor has all the hallmarks of a politically driven agenda, 'BE ALARMED...VERY ALARMED....CALL US'....etc etc etc.
In other words a beat up, but, by using the terror laws, as Damo points out, brings it into a new arena, which mimicks the kind of facist regimes many of our parents and grandparents, including my own, fought against in the past world wars.
The current investigation has all the veracity of the kids being thrown over-board scandal.
But ultimately, WE are to blame!
WE let this government get away with changing laws that were expressly designed to prevent abuse of power by the incumbent government.
TIME TO THINK ABOUT WHO YOU VOTE FOR IS IT NOT???
fog
P.S. Apologies to Damo for overly verbose rant!
Comment by Damo
For the Sake of Argument
My Apologetics
Thanks for your comments.
I remember the CHOGM thing and the Ananda Marga sect case when it happened. 1973-74 from memory that would make it 35 years ago.
I'll try to sick with the Haneef case to see how it turns out.
I just heard the news of how Haneef was part of a plot to blow up a building in Brisbane.
Now the Federal police have issued a statement saying that this is not true.
The plot thickens
Comment by Mountain Fog
Infognito
by the way, 13 February 1978 at 1.40 am, was when the Hilton bomb went off. I knew an ABC cameraman at the time, he said people's brains were splattered up the fascade of the building, his only remark when I bumped into him on the day, I was working in the city as a law clerk at the time, and asked what was going on and what he saw.
Also, I'd forgotten what else had gone on, intriguing stuff, the below link is interesting as it has the info in brief on the lead page, but also includes links to a book/diary that one of the accused has written, I think it is also his own site,
Really Long Link
cheers
fog
Comment by Damo
For the Sake of Argument
My Apologetics
You should write a post about the Hilton event and inform us all.
This whole Haneef case is playing out in the headlines around the world like a bad movie script. I would expect this kind of bumbling in a 3rd world country where politics and corruption are rife but in Australia it is mind blowing.
It seems like Dr Haneef is a political problem that they want to get rid of and save face rather than a terror threat that they wish fix.
If they keep this up they may just make the man into a hero.
The world headlines
Comment by Mountain Fog
Infognito
Anyway, all this chat has started the cogs churning at least, and the Haneef business, I agree, is ludicrously incompetent, or so it seems from the outset. But then, my mercurially cynical side began to ponder, that they can't be THAT stupid, maybe, but I doubt it.
So that, for me, leaves one other hypothesis; it was done on purpose, knowingly and willfully with aforethought, so as to garner more public support for the encumbent right wing government through fear inducing headlines, thus allowing Johnny to grandstand about 'terror in our midst'!
I remember seeing a doco on American politics, a number of people were asked something like, "What do you think a government is strongest?" The head of the CIA at the time said, "When our man is President" (a few Presidents later they got their wish!). Lyndon Baines Johnson said, "When we are at war. We have over production, full employment and the fear of the people." Love Johnson or hate him, on this at least, he stepped up to the mark and told the truth!
However, back to the present, Howard doesn't have to enlist our security forces to drum up a fake terror threat, he can go to Indonesia and find the REAL THING!!
I saw an interview of the Indonesian Minister for Internal Security, or some such title, anyway, this was a couple of years ago I think, and he was asked how many extremists did he think were in Indonesia, "Not many, not many at all" was the reply, or words to that effect. The reporter pursued the point, and so the Minister then came up with a figure, "Only 2%"......I don't think the reporter remembered, at that moment, just how many Indonesians there are...(200 million as you would know), so that means two million extremists.......
Anyway, it will be interesting to see if the government takes up Haneef's offer today, of just leaving Oz for good. It is an incredible blunder, either by incompetents, or by design, but it went wrong in the application. What about the alleged 'conspiracy notes' being written onto a document belonging to Haneef, allegedly again by AFP...the head AFP honco now claims that was also untrue...maybe it was...
As you suggest, it is doing our country no favours in the credibility stakes internationally, and especially within India, where people are incensed that an Indian man is being treated unfairly, or differently, compared to white men, as they perceive it.
So Oz has, yet again in the eyes of foreigners, donned another musty old KKK pointy hat and cloak, and our 'red dragon' leader seems pleased with everyone's performance!
cheers
fog
Comment by Damo
For the Sake of Argument
My Apologetics
I am rather cautious to take interviews from SE Asia with a grain of salt. They don't have the same levelof investigative scrutiny and many shoot from the hip with out much thought about how their words will be portayed.
The Sri Lankan HC really messed up his recent interview by resorting to arrogant dismissal of allegations. Bad tactic for Australian TV.
This Haneef case is getting the point where the political noise is drowning out the actual charges against the man.
Watch out for the Bollywood film 'Haneef: The Musical'