Post by spikeyred on Nov 15, 2007 11:48:35 GMT 10
Bungled terrorism case sparks ASIO inquiry
By National Security Correspondent Leigh Sales
Posted 2 hours 40 minutes ago
Updated 2 hours 32 minutes ago
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday.
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday. (AAP: Tracey Nearmy)
* Map: Sydney 2000
The independent watchdog that oversees ASIO will hold an inquiry into the conduct of agents who interrogated a former medical student, accused of training with a terrorist organisation.
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday.
The New South Wales Supreme Court ruled much of the evidence against Mr ul-Haque was inadmissible because the conduct of ASIO agents who apprehended and questioned Mr ul-Haque was grossly improper and possibly criminal.
The Inspector-General of Intelligence and Security, Ian Carnell, oversees ASIO, and has decided to investigate the treatment of Mr ul-Haque.
A broader inquiry will also be held into ASIO's entire policy and methods for interviewing people of security interest.
Mr Carnell has written to Mr ul-Haque's lawyers, the Commonwealth Ombudsman and ASIO informing them of the investigation.
The inquiry will be private and the findings reported to the Attorney-General.
The Government will decide whether to release the conclusions publicly.
The investigation could be expanded to include the Australian Federal Police (AFP) if their watchdog, the Commonwealth Ombudsman, decides to step in as well.
Gross misconduct
Mr ul-Haque had pleaded not guilty to a charge of receiving combat and weapons training from Lashkar-e-Toiba in Pakistan four years ago.
Earlier this month, NSW Supreme Court judge Michael Adams ruled that interviews with the 21-year-old were inadmissible because of the conduct of ASIO and AFP officers involved.
The court heard ASIO officers took Mr ul-Haque to a park in western Sydney and later questioned him in his bedroom.
Justice Adams said Mr ul-Haque was told he had to cooperate when the officers knew they did not have the legal right to detain him.
He accused one officer of false imprisonment and kidnapping and the other of detaining for advantage.
Criminal prosecution possible
Ben Saul, the director of the Centre for International and Global Law at Sydney University, says the inquiry is necessary.
"It's appropriate for the Inspector-General to look at whether disciplinary proceedings within ASIO itself should be launched, but also even the broader question of whether a criminal prosecution would be appropriate," he said.
The judge in the case did raise the prospect that the ASIO agents had behaved criminally. Dr Saul says a police investigation may follow.
"In this case it would be appropriate for the federal police or the New South Wales police to launch their own investigation," he said.
"Probably the right time for that is after the Inspector-General's own investigation where he can use his special powers to get to the bottom of what happened."
With this case coming hot on the heels of the bungled handling of the investigation into Dr Haneef, Dr Saul says a disturbing trend is emerging.
"It certainly suggests that there's been a kind of cultural and political pressure within the intelligence agencies to get results on terrorism investigations," he said.
"That has seemingly translated into some sloppy intelligence gathering, and in some cases seemingly excess use of statutory power."
www.abc.net.au/news/stories/2007/11/15/2091387.htm
By National Security Correspondent Leigh Sales
Posted 2 hours 40 minutes ago
Updated 2 hours 32 minutes ago
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday.
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday. (AAP: Tracey Nearmy)
* Map: Sydney 2000
The independent watchdog that oversees ASIO will hold an inquiry into the conduct of agents who interrogated a former medical student, accused of training with a terrorist organisation.
The Commonwealth Director of Public Prosecutions dropped all charges against Izhar ul-Haque on Monday.
The New South Wales Supreme Court ruled much of the evidence against Mr ul-Haque was inadmissible because the conduct of ASIO agents who apprehended and questioned Mr ul-Haque was grossly improper and possibly criminal.
The Inspector-General of Intelligence and Security, Ian Carnell, oversees ASIO, and has decided to investigate the treatment of Mr ul-Haque.
A broader inquiry will also be held into ASIO's entire policy and methods for interviewing people of security interest.
Mr Carnell has written to Mr ul-Haque's lawyers, the Commonwealth Ombudsman and ASIO informing them of the investigation.
The inquiry will be private and the findings reported to the Attorney-General.
The Government will decide whether to release the conclusions publicly.
The investigation could be expanded to include the Australian Federal Police (AFP) if their watchdog, the Commonwealth Ombudsman, decides to step in as well.
Gross misconduct
Mr ul-Haque had pleaded not guilty to a charge of receiving combat and weapons training from Lashkar-e-Toiba in Pakistan four years ago.
Earlier this month, NSW Supreme Court judge Michael Adams ruled that interviews with the 21-year-old were inadmissible because of the conduct of ASIO and AFP officers involved.
The court heard ASIO officers took Mr ul-Haque to a park in western Sydney and later questioned him in his bedroom.
Justice Adams said Mr ul-Haque was told he had to cooperate when the officers knew they did not have the legal right to detain him.
He accused one officer of false imprisonment and kidnapping and the other of detaining for advantage.
Criminal prosecution possible
Ben Saul, the director of the Centre for International and Global Law at Sydney University, says the inquiry is necessary.
"It's appropriate for the Inspector-General to look at whether disciplinary proceedings within ASIO itself should be launched, but also even the broader question of whether a criminal prosecution would be appropriate," he said.
The judge in the case did raise the prospect that the ASIO agents had behaved criminally. Dr Saul says a police investigation may follow.
"In this case it would be appropriate for the federal police or the New South Wales police to launch their own investigation," he said.
"Probably the right time for that is after the Inspector-General's own investigation where he can use his special powers to get to the bottom of what happened."
With this case coming hot on the heels of the bungled handling of the investigation into Dr Haneef, Dr Saul says a disturbing trend is emerging.
"It certainly suggests that there's been a kind of cultural and political pressure within the intelligence agencies to get results on terrorism investigations," he said.
"That has seemingly translated into some sloppy intelligence gathering, and in some cases seemingly excess use of statutory power."
www.abc.net.au/news/stories/2007/11/15/2091387.htm