Innocent until proven guilty… but of course that has to be weighed against the threat to national security in the age of terror. The rule of law has been given a workout over the past few weeks.
5 July:
The Australian: “Doctor member of sleeper cell”. Police have told Gold Coast Hospital staff who worked with young doctor Mohamed Haneef that he may have been part of a terrorist sleeper cell in Australia with connections to the British car bombing plot.
Prime Minister John Howard: “There are … people who are complete cleanskins when they have their first involvement with terrorism, they’ve had no previous association with terrorism … And no matter what checks and procedures you have, if a person has had no previous known association with a terrorist activity, the first time he is involved in a terrorist act, the authorities don’t have any history against which to judge his conduct.”
8 July:
Attorney-General Philip Ruddock: “The distinguishing factor in relation to Dr Haneef from [other doctors questioned] was that he was intent on leaving Australia … he had a one-way ticket.”
9 July:
Philip Ruddock: “The appearance as I am told was that he had left rather hurriedly … His wife says it’s because she gave birth to a child two weeks ago. That may be well the reason but certainly the appearance was that his intention (was) to leave with speed … The further explanations that have been offered may be reasonable but they may also be a cover for something else.”
13 July:
John Howard: “I’m happy with the [new anti-terrorism laws under which Haneef was detained] because I sponsored them. I defend them. I would say to your listeners, and I’d say to the Australian public, we are living in different circumstances. Terrorists don’t abide by the Marquess of Queensberry rules. We maintain the rule of law, but we have to have different rules applying that law to face different circumstances.”
14 July:
Australian Federal Police Commissioner Mick Keelty: “I can assure you that the investigation, the joint investigation by the Queensland Police and the Australian Federal Police, the West Australian Police and other policing organisations around the country has been driven by the evidence and driven by the facts and driven by the inquiries emerging both out of Australia and out of the UK.”
Foreign Minister Alexander Downer: “I am entirely comfortable (with the investigation) — the federal police are enormously professional … Civil liberty issues are enormously important to all of us but so is stopping people, and this is no reflection on Dr Haneef, so is protecting the Australian community from terrorists.”
Opposition Leader Kevin Rudd: “When I have said quite clearly we believe this matter, complex as it is, has been handled appropriately by the authorities, I mean it. I’ve said it from day one.”
16 July:
Immigration Minister Kevin Andrews: “I am satisfied the [visa] cancellation is in the national interest. Based on information and advice I have received from the Australian Federal Police I reasonably suspect that Dr Haneef has had or has an association with persons involved in criminal conduct namely terrorism.”
17 July:
Kevin Andrews: “…given the information that I have got, and given my responsibility to the national security and the national interest, then I didn’t believe I had any other alternative but to remove his passport.”
18 July:
Kevin Andrews: “But can I say that there was sufficient evidence in what the Federal Police provided to me for me to be able to come to the conclusion that I hold a reasonable suspicion of his association with people involved in criminal conduct, namely the people alleged of terrorism offences in the UK.”
22 July:
The Sunday Mail: “Police are investigating whether detained doctor Mohamed Haneef was part of a planned terrorist attack on a landmark building at the Gold Coast. Australian Federal Police are examining images of the building and its foundations found among documents and photographs seized in a police raid on the doctor’s Southport unit three weeks ago. The AFP inquiry is looking at documents referring to destroying structures discovered in the raid, law enforcement sources said. The investigation also is examining information seized in the raid which indicated the Gold Coast doctor planned to leave Australia the day before or after September 11 – the anniversary of the terrorist attacks on New York.”
23 July:
Alexander Downer: “Every time there is somebody arrested and facing charges, there’s some sort of controversy about ‘oh the poor thing, he must be innocent, this is all being cooked up for some particular reason’.”
27 July:
John Howard: “In relation to his immigration detention … the minister has to have a reasonable suspicion of a connection by the person in question with a criminal activity or criminal organisation. He was satisfied in relation to that, concerning Dr Haneef. I am satisfied that he had grounds to be satisfied about that although, it was in the end his decision and it will be his decision in the future.”
Kevin Andrews: “On the information that I’ve been provided to date, and there’s been no indication that there’s been any material departure from that information, then I believe that Dr Haneef fails the character tests and for that reason I cancelled his visa.”
28 July:
Kevin Andrews: “The Solicitor General has examined all relevant material today and has advised me of the following: (1) That the decision to cancel Dr Haneef’s visa was open to me on the material presented by the AFP at the time – and that it was within my discretion. (2) Accordingly, the current appeal against the cancellation of Dr Haneef’s visa in the Federal Court will fail.”
Today:
Kevin Andrews: “Nothing that I saw in the [60 Minutes] interview with Dr Haneef changed my mind as to the suspicions and doubts that I have about the matter … The cancellation of the visa was on character grounds and what the legislation provides is that there is a reasonable suspicion, that is you know that there is a doubt, this man has had associations with people engaged in criminal conduct … And hopefully when people see the further information … they’ll be able to see that there are more circumstances which haven’t been made available to them to date.”
Kevin Andrews: “If anything [Dr Haneef’s swift departure after leaving detention] actually heightens rather than lessens my suspicion.”
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