Human rights lawyers yesterday accused the Australian government of undermining the courts by ordering the detention of an Indian doctor linked to a British bomb plot despite a court ruling he could be released on bail.
An Australian court granted Mohamed Haneef bail on Monday, saying he had no known links to a terrorist organization, but the government then canceled his visa and ordered him to be kept in immigration detention in Sydney until his trial.
The government said it suspected Haneef had associated with people involved in terrorism in Britain and cited police information which it said it could not disclose. Immigration Minister Kevin Andrews said he acted in the national interest.
Two people in Britain have also been charged over the plot to explode car bombs in London and Glasgow.
Senior lawyers now say it is unclear if Haneef will receive a fair trial in Australia, where he is charged with recklessly supporting terrorism by providing a relative in Britain with his mobile phone SIM card.
"It's an example of the executive being willing to trump the decision of an independent judicial officer and in a sense it brings the system into disrepute," barrister Lex Lasry told Australian radio yesterday.
Lasry, chair of the Victorian Criminal Bar Association and an observer at the Guantanamo Bay terrorism trial of Australian David Hicks, said the government action was politically driven.
After 11 years in power, Prime Minister John Howard's conservative government remains well behind in the opinion polls, but continues to rate highly when it comes to national security.
The opposition Labor Party, also wanting to be seen as strong on national security, supports the government's action.
In other news, Haneef will be expelled from Australia after his case is heard, even if found innocent, a government minister said yesterday. He has had his visa cancelled and will be detained until the charge against him is heard in court.
India's foreign ministry yesterday voiced its "concern" over Australia's treatment of Haneef.
The comments came after Kevin Andrews said Haneef would eventually be deported.
"The Ministry of External Affairs expressed its concern to the Australian government that Dr. Mohammad Haneef should be treated fairly and justly under Australian law," ministry spokesman Navtej Sarna said.
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