The Australian Federal Police should be forced to make public its submission to the Clarke Inquiry into the case of Mohamed Haneef, say lawyers for the falsely accused and detained Indian doctor.
The federal police have already made a submission to the inquiry but that document is protected from public scrutiny by a security classification that can only be removed by the agency itself.
The lawyers’ calls come after yesterday’s revelation that police ignored Australian Security Intelligence Organisation in pursuit of the doctor.
ASIO’s submission revealed it “consistently” advised the Howard government and its agencies it had no evidence connecting the Gold Coast-based doctor to a British terrorist plot.
That information was relayed in writing three days before federal police charged the doctor with recklessly supporting terrorism and five days before the former Immigration Minister, Kevin Andrews, stripped Dr Haneef of his visa on “character and national interest grounds” that have never been explained.
Today, Dr Haneef’s lawyer Rod Hodgson reiterated the need for a transparent inquiry.
“If ASIO felt and told everybody, including the AFP, that Dr Haneef was not a security threat, why was Dr Haneef ever charged?” Mr Hodgson said. “One thing the Australian public needs to know is who within the AFP directed the charging of Dr Haneef in the face of advice from Australia’s peak intelligence agency.”
Earlier this week, the head of the inquiry, John Clarke, QC, said a high proportion of material handed in by government departments and agencies carried a security classification which limited the extent of its disclosure.
“Any attempt to secure declassification would confront a hurdle which I regard, practically speaking, as virtually insurmountable,” he said.
The removal of classifications is voluntary and he rejected calls for royal commission powers to force it.
The Australian Federal Police Commissioner, Mick Keelty, has declared there were grounds to treat Dr Haneef as a security risk. Now there are questions as to whether his stance was tenable.
Asked this morning why ASIO could make their submission public and the police couldn’t, a federal police spokeswoman said that was a matter for ASIO.
“We are letting the inquiry run its course,” she said.
Last night, the police told the Herald: “The AFP has always been aware of ASIO’s position on this issue and the AFP will be providing its position on this to the Clarke inquiry and not via the media.”
Today, the inquiry hears from Ramzi Jabbour, the force’s head of counter terrorism. These interviews are closed and transcripts of them will not be made available.
How the Haneef affair became carry on coppers – SMH – 22 Aug.08
Haneef cleared at last – SMH – 30 Aug.08
Haneef ‘happy he’s no longer suspect’ – SMH – 01 Sep.08
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