THE Haneef inquiry emerged briefly into daylight yesterday to hear the former chief justice Sir Gerard Brennan express concern that security laws are causing "too great an erosion of our fundamental rights".
Sir Gerard was speaking at a forum examining what he called the "novel" and "drastic" anti-terrorism laws used to detain and interrogate the Gold Coast doctor Mohamed Haneef for 12 days in July last year.
Dr Haneef was charged with terrorism offences but these charges were later dropped. A former judge, John Clarke, QC, is conducting an inquiry into the fiasco.
Sir Gerard listed three areas of concern: "Unjustified discrimination, which drives a wedge between elements of our society; excessive interference with human rights, and absence of judicial supervision which exposes individuals to oppressive exercises of power."
The former chief justice spoke of lack of transparency in the detention process and lack of effective access to the courts. He asked: "Is it possible to devise an effective pathway to legal advice and to a court exercising habeas corpus jurisdiction, casting on the Commonwealth authorities the burden of justifying detention, compulsory questioning and isolation of individuals from contact with family and friends?"
Sir Gerard was plagued by calls on his mobile phone while speaking at the microphone. "Does anybody know how to control these things," he asked. "I'm dashed if I do."
The president of the Law Council, Ross Ray, QC, said: "The price the government agencies must pay for assuming greater powers is an increased level of public scrutiny of their actions."
Speaking in public for the first time since his inquiry began, Mr Clarke rejected calls for him to be given royal commission powers to compel witnesses to give evidence and produce documents. Things were going well with the powers he had, he said. "I remain unconvinced that the alternative would have been more effective." He is due to report in November.
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Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws? Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.
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