Australia criticised over detention of 'bailed' terror suspect

Australia criticised over detention of 'bailed' terror suspect


Barbara McMahon in Sydney
Tuesday July 17, 2007
Guardian Unlimited

Lawyers for Mohammed Haneef, the Indian doctor charged in Australia over the failed UK bombings, are to go back to court tomorrow to appeal against the government's decision to keep him behind bars.

The 27-year-old remains in custody, despite a magistrate's ruling that he should be freed on bail, after immigration minister Kevin Andrew revoked his visa on character grounds, keeping him in detention pending an immigration hearing. Civil rights groups and lawyers have described his continued detention as "deplorable".

The appeal comes as fresh information about the Gold Coast registrar's links to the alleged UK terror suspects was revealed. Documents served on Dr Haneef, outlining why his visa was cancelled, were released by his lawyer Peter Russo.

The documents allege Dr Haneef kept in regular online contact with his cousin Sabeel Ahmed, who is accused of withholding information on terrorism, and communicated with him as recently as June 26, three days before the car bombs which failed to detonate were found outside London nightclubs.

The papers also reveal Dr Haneef told police that another cousin Kafeel Ahmed, the driver of the flaming jeep that crashed into Glasgow Airport, lent him £300 to sit medical exams in 2004. Mr Ahmed remains critically ill in hospital with burns.

Mr Russo said that his client was also told that revoking his visa would deter others from committing similar offences.

The lawyer also said he was told that significant pieces of information have been withheld "for security reasons".

Dr Haneef, an Indian national who came to Australia from Britain last year, was arrested after the failed bombings as he tried to leave the country on a one-way ticket to India. He has claimed he was on his way back home to see his wife and newborn child.

After being kept in custody for 12 days under Australia's new anti-terror laws, he was charged with recklessly providing support to a terrorist organisation by giving his mobile phone Sim card to Sabeel and Kafeel Ahmed when he moved to Australia. The doctor said he gave the Sim card to the two men so that they could benefit from free phone calls.

Yesterday Brisbane magistrate Jacqui Payne granted Mr Dr Haneef A$10,000 (£4,200) bail, a nominal sum of money, saying the authorities had failed to prove a clear link between him and the terror plot.

But within hours, Mr Andrews outraged civil rights groups by cancelling his visa on character grounds because he "reasonably suspected" that Dr Haneef had an association with people involved in terrorism and effectively keeping him behind bars.

The minister has since said Dr Haneef will be deported to India once criminal proceedings have been heard.

The Australian Lawyers Alliance, which represents more than 1,500 lawyers, has called Mr Haneef's treatment "deplorable", saying that government was riding roughshod over the justice system.

"The minister's decision is a grave departure from the standards of justice you would expect to see in any civilised society and we are appalled that this is happening in Australia," President Ian Brown said.

"The Australian Lawyers Alliance believes the decision by the Howard government to cancel Dr Haneef's visa is little more than reactive and political.

"The ALA calls on the government and the opposition to immediately review their position on Dr Haneef and to let his matter be determined by law."

Other civil rights organisations have protested that it will now be impossible for Dr Haneef to get a fair trial.

Mr Russo said his client was being used as a political pawn by the Australian government, which wants to portray itself as tough on national security. He said immigration lawyers would be present at the appeal hearing tomorrow.