Haneef lawyers want more powers in probe

Lawyers acting for Mohamed Haneef want an inquiry investigating the failed terrorism case against him to be given the powers of a royal commission.

Retired NSW Supreme Court judge John Clarke, who is heading the inquiry, has said much of the evidence presented to him cannot be made public.

Dr Haneef was arrested in Brisbane last year over suspected links to botched terror attacks in Britain and detained for 12 days.

Despite the case against him collapsing amid accusations of bungling by the authorities, the previous Howard government cancelled the doctor's visa.

Dr Haneef's lawyer Rod Hodgson said the Rudd government had promised a full judicial inquiry.

"Whatever this inquiry is, it is not judicial and it is not open," he said.

"It is a very convenient result for the Australian agencies, especially the AFP (Australian Federal Police) and DIAC, (Department of Immigration and Citizenship) in that they cannot be made accountable to the Australian public because of an alleged fear of offending a foreign government.

"If (Attorney-General) Mr (Robert) McClelland sits by and allows what was to be a full judicial inquiry become a disempowered and fully secret inquiry, his credibility as an attorney-general who can stand up for the rule of law will be severely damaged."

The AFP had a track record of failing to meet their legal obligations, Mr Hodgson said.

It had failed to provide Dr Haneef with a lawyer when requested and only handed over police interview transcripts last week, he said.

Updated 10:41am (AEST)

Haneef secrecy puts inquiry into 'impossible position'

Lawyers for Dr Mohamed Haneef says the inquiry into their client's arrest has no credibility if key details are kept secret.

Dr Haneef's lawyer Rod Hodgson says there is no way to test the accuracy of the secret evidence.

"Mr Clarke's statement makes it clear that he's in an almost impossible position," he said.

"He's unable to resist pressure from agencies that have vested interests in avoiding public scrutiny.

He said these difficulties could be avoided if the Attorney-General were to vest the Clarke inquiry with Royal Commission powers.

"This affair concerns human rights and it concerns our national security," he said.

"The horse flu inquiry was given Royal Commission powers - our national security and our human rights cannot be any less important than the health of our horse industry."

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