Lawyers unite over Haneef documents
Andrew Fraser;, 12/5/08,
Lawyers have presented a united front in a growing battle with the Rudd Government over access to documents that they claim are vital to the truth of the Mohamed Haneef affair being exposed. The Queensland Law Society has backed the former terror suspect’s legal team, which claims the Immigration Department is denying it documents needed for the inquiry ordered by the Rudd Government into the bungled case. Queensland Law Society president Megan Mahon has written to Attorney-General Robert McClelland disputing the Government’s argument that a royal commission for the inquiry into the Haneef matter was not necessary as all parties were co-operating with the Clarke inquiry, which began at the start of the month.
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She said the First Assistant Secretary of the Immigration Department, Peter Vardos, had written to Dr Haneef’s lawyers saying that it would be “contrary to the public interest” to release sensitive emails and briefing notes.
“It is alarming that this department, on the virtual eve of the Clarke inquiry, should be feeding a public perception of a culture of secrecy and cover-up by refusing to provide all relevant documents which would be of significant assistance to Dr Haneef’s lawyers as they draft their submission,” she said in her letter. “It would appear to be completely at odds with your statement that you had assurances that agencies will co-operate with the inquiry and therefore bodes ill for its success or, at least, any public perception that the promised co-operation is being provided.”
Dr Haneef’s lawyers last week launched court action to overturn the Immigration Department’s decision to refuse the release of large numbers of documents claimed under Freedom of Information legislation, with the department arguing that it might put future investigations at risk and discourage bureaucrats from giving frank advice to ministers.
The inquiry, headed by retired NSW Supreme Court judge John Clarke QC, has been criticised by legal experts because it is being held behind closed doors and without powers to ensure the release of documents or compel potential witnesses to give evidence or face cross-examination.
The Law Council of Australia is adopting a “wait-and-see” approach over whether the Clarke inquiry needs more powers.
A spokesman for Mr McClelland said yesterday that if Mr Clarke wanted more powers, then they would be given to him. He said the matter of FOI material was one for the Immigration Department.