We got it wrong on Haneef: DPP chief
October 13, 2007
MOHAMED HANEEF should never have been charged, the Commonwealth Director of Public Prosecutions, Damian Bugg, QC, admitted last night when releasing details of a report into the role his office played in the case.
The review, conducted by an unnamed private barrister, concluded the DPP’s office had not properly appreciated the evidence against Dr Haneef and had not given appropriate advice before he was charged.
Mr Bugg concluded: “The DPP has learnt from this matter and will take further steps to ensure that advice is provided in accordance with the role of the DPP in situations such as this.”
Dr Haneef was charged in July with recklessly assisting a terrorist organisation said to consist of his cousins Sabeel and Kafeel Ahmed. Dr Haneef had left an old SIM card with Sabeel in Liverpool, England. A year later, Kafeel rammed a burning Jeep into a Glasgow airport terminal.
At first, it was believed the SIM card was found at the scene of the crime. Then it was learnt the card was still in Liverpool. The review concluded: “That change was not appreciated by the prosecutor at the time.”
Mr Bugg said the DPP is supposed to ask “whether the evidence establishes reasonable prospects of conviction” but the review found “the advice in this case did not address that test”.
The review confirmed other errors in the evidence were the fault of the Federal Police.
Dr Haneef’s lawyer, Peter Russo, welcomed this confirmation of defence claims from the outset that the police and prosecutors’ case was flawed with factual errors. Mr Russo said: “The best that can be said is that it is comforting to know the DPP is learning from its mistakes.”
Dr Haneef is still fighting to get his visa back. The case returns to court on November 15.
