The Haneef inquiry : some unanswered questions

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Abstract

The December 2008 report of the Clarke Inquiry into the aborted terrorist prosecution of Dr Mohamed Haneef in 2007 has left some unsatisfactory answers to a number of crucial questions. In particular, why was Haneef charged with a serious terrorist offence despite the relevant Queensland and Australian Federal Police officers concluding that insufficient evidence existed? Unless the relevant documents, including the Cabinet records, are made public, it is impossible to accept the report's assurance that there was no evidence that political pressure or influence had a role in the making of operational decisions relating to Haneef. This article reviews the conduct of the Clarke Inquiry, the chronology of Haneef's case, evidence of the close involvement of government ministers in both the prosecution and visa revocation aspects of the case, and the conclusions of police and intelligence officers that there was insufficient evidence to charge Haneef with a terrorist offence. It will be argued that the Haneef affair indicates the propensity for the anti-terrorism laws to be used for political purposes.
Original languageEnglish
Pages (from-to)99-112
Number of pages14
JournalJournal of the Australasian Law Teachers Association
Volume2
Issue number45323
Publication statusPublished - 2009

Keywords

  • Australia
  • Haneef, Mohamed, 1979-
  • evidence (law)
  • law and legislation
  • politics and government
  • terrorism

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