I'm no legal expert, but common sense would indicate that Dr Haneef's charge of "recklessly lending a SIM card to terrorists" has little chance of resulting in a conviction. If the item was, for example, a rare, hard to obtain bomb fuse component, then there'd be some justifyable grounds. But there's none for supplying an item as common and easily obtained as phone sim card.
Obviously, the magistrate who granted Haneef bail thought the same. Enough's enough.
The subsequent removal of Haneef's residency visa as a means to keep him locked up is the most outrageous example of government interference in the legal system that I can remember. The presumption of 'innocent until proven guilty' has been thrown out by Kevin Andrews.
Andrews' action reinforces concerns I have about the erosion of protections in our legal system. Putting aside Haneef's guilt or innocence for the moment, these arch conservatives are allowing terrorist actions to undermine the very thing which sets us apart from the perpetrators. By eroding the basic legal protections, they are bridging the gap that differentiates our society from the one the terrorists would like to impose.
We suspected from the David Hicks saga that this conservative government places little value on the process of the law and human rights. Haneef's treatment confirms it.
Hopefully, this action will misfire for the government. To the conservative mind, retention of power is solely about the delivery of rosy economic outcomes to their natural constituency. The polls are showing that the electorate is looking beyond the financial numbers. Andrews' action will only reinforce the notion that the incumbents are mean, soulless and out of touch.
I was listening to Fran Kelly interviewing Andrews on Radio National this morning and I have to say I was horrified - not least of it was his constant references to 'my' decision. And that he hadn't studied the magistrate's ruling - like he didn't need to. Bloody hell. (I thought Fran Kelly did as good a job as she could in trying to nail Andrews)
So this man can be sent to Villawood, after he's been granted bail, on AFP 'evidence' which is confidential so that it seems he and his lawyers will have no ability to challenge it adequately.
And Andrews kept talking about process in due time - but good grief - the man's life is being ruined in the meantime; his unit trashed, his job lost. The longer it goes on the more and more impossible it will be for him to pick up any pieces and heaven knows the costs. But it seems that even if the Government can't ultimately prove anything against him they'll kick him out on their rubbish heap anyway.
Funny that the Aus and the Telegraph have both received leaked information.....
I am so angry about this - I certainly hope it backfires. Getup and Crikey will have another cause and they spread far and wide so here's hoping.