Mohamed Haneef
Encyclopedia
Muhamed Haneef is an Indian doctor who was wrongly accused of aiding terrorists, and left Australia
upon cancellation of his visa amid great political controversy.
Haneef was arrested on 2 July 2007 at Brisbane Airport
, Brisbane
, Australia
on suspicion of terror-related activities. He is the second cousin once removed of Kafeel Ahmed
and Sabeel Ahmed
, the operatives in the 2007 Glasgow International Airport attack
. Haneef's ensuing detention became the longest without charge in recent Australian history, which caused great controversy in Australia and India. Public outcry over the incident was further increased when the Australian Government denied Haneef the presumption of innocence
, along with the Australian federal government's actions in his case.
Haneef was released when the Director of Public Prosecutions withdrew its charge on 27 July 2007, whereby his passport was returned and he departed Australia voluntarily on 29 July 2007. Final vindication for Haneef came when the cancellation of his visa was overturned by the Federal Court on 21 August 2007, with the decision being reiterated by the full bench of the court on 21 December 2007, resulting in Haneef having his Australian visa returned.
In December 2010, Haneef returned to Australia to seek damages for loss of income, interruption of his professional work, and emotional distress. He was awarded compensation from the Australian government. The amount of compensation awarded was not disclosed, but was described by sources as "substantial".
, in the coffee-rich Chikkamagaluru district of the state of Karnataka
in India
, where his late father, Shami Khaleel, was a teacher. Haneef's father died in a road accident when he was 18. Shortly after this Haneef moved (with his family) to Bangalore, and he completed his pre-university certification course at SDM College
in Ujire
in the neighbouring district of Dakshina Kannada
. He subsequently studied medicine at the Dr.B R Ambedkar Medical College, an affiliated college of the Rajiv Gandhi University of Health Sciences
from 1997 to 2002, achieving a first-class degree. During his days in India, there is no evidence to show that he was influenced by the idea of Islamic extremism.
Cheshire
, before applying for a job in Australia under that country's temporary skilled worker scheme, after reading an advertisement in the March 2006 issue of the British Medical Journal
. In Australia, he worked as a registrar at the Gold Coast Hospital
since September 2006, and lived in an apartment several blocks from the hospital.
and the first to have his detention extended under the Act, being detained for twelve days without being charged with a crime.
Mick Keelty
, the Australian Federal Police
Commissioner, acknowledged that Haneef "may have done nothing wrong and may at the end of the day be free to go."
, and wife who had given birth to her first child by emergency caesarean section.
Following his arrest, Haneef's family claimed that any link between him and the terrorists is only tenuous, and a case of guilt by association, that he was not involved in the plot, and that he was returning to India to see his wife and daughter. Haneef's father-in-law said the doctor wanted to take his wife and daughter back to Australia after getting the infant a passport, and so travelled without a return ticket.
The AFP claimed in a court affidavit that Haneef, "had no explanation as to why he did not have a return ticket" from India to Australia. While the police affidavit stated Haneef "had no explanation" about his one-way ticket, the record of interview shows that he gave a detailed explanation to police while answering questions. Haneef told police that as he did not have funds in his Australian bank account his father-in-law had booked and paid for the one-way ticket with an understanding that "when I go there we can arrange for the coming back ticket. Because I just got 7 days' leave approved".
card and the balance of a two year mobile phone contract to use and pay off when he left Britain in July 2006. Relatives have said that he left the SIM card behind to save money by not surrendering the remaining value of the contract to the telephone company. The prosecutor claimed the SIM card was found inside the vehicle used in the Glasgow Airport attack. This allegation, central to the case, has proved to be false and investigating British police officers have concluded that the case is being driven by politics rather than policing.
Mick Keelty
revealed that Scotland Yard
had initially told Australian Federal Police
investigators that the SIM card was found in the jeep confirming that the conduit for the SIM card error was the Australian Federal Police
, contrary to Mick Keelty
's previous denials. A review by the Director of Public Prosecutions
(DPP), Damian Bugg, revealed the allegations connected to the SIM card use as "error of fact".
In subsequent Immigration Department documents used to advise Australian Immigration Minister Kevin Andrews
, senior public servant Peter White asserts: "Dr Haneef advised the AFP that he resided with Dr Sabeel Ahmed at a boarding house located at 13 Bentley Road, Liverpool, UK. " This error was not corrected by the AFP
, and revealed by Hedley Thomas on 20 July in The Australian.
However, in the record of the interview, Haneef told police that he lived at 13 Bentley Road, Liverpool, with several doctors, whom he names. None of those named are known to be suspects in the Glasgow or London incidents.
Haneef told police that he had moved out of 13 Bentley Road by the time that Sabeel Ahmed moved there. He also told police that he visited Cambridge on two occasions in 2004 and stayed for up to six days with Kafeel Ahmed.
There are claims that computer records obtained by authorities reveal that Haneef remained in close contact with both Kafeel and his brother Sabeel until the failed bombings on 29 June. Haneef's colleagues at Gold Coast Hospital said Haneef "had made no mention of his planned personal trip to India, and had commented often about how well it worked to have his family living in India while he was working in Queensland
"
Australian police alleged a link between Haneef and Bilal Abdullah
, the owner and occupant of the Jeep used in the attack, by claiming Haneef admitted knowing a person named "Bilal" but refused to provide further information on him. In fact Haneef had actually stated he knew a "Bilab" and freely gave information about this person.
Australian intelligence authorities are reportedly probing a report in the Indian newspaper The Asian Age that alleged Haneef supposedly belonged to the now banned Student Islamic Movement of India (SIMI) when he was at medical school. Haneef's lawyer Peter Russo said he asked his client about the claim: "His response to it was it's simply not true", Mr Russo told ABC Radio.
Australia has reportedly sought details from India of personal information such as banking transactions related to Haneef. The request came after Indian authorities declined to comply with a request for "friendly sharing of information" made by a representative of the Australian Federal Police during a visit there last week.
On Sunday, 22 July, some News Limited papers reported unsubstantiated claims from unnamed law enforcement sources that the AFP was investigating Haneef's alleged involvement in a plot to blow up a Gold Coast sky scraper. The reports also alleged that Haneef may have been one of a number of people who had expressed interest in the operations of planes at premises in Queensland. The Australian Federal Police commissioner Mick Keelty was forced to take the extraordinary step of publicly denying any substance to these claims.
Queensland Police and Corrective Services Minister Judy Spence said the conditions of his detention included no contact with other inmates, meaning Haneef would be alone in a cell for all but one hour a day, when he is allowed to exercise.
“Anyone who is charged under terrorist legislation is obviously seen as a greater threat to the good order of our society than other types of prisoners,” she said.
Haneef is believed to have been moved from the Brisbane watchhouse to a nearby remand centre on the morning of 18 7 July. Just after 9:30 a.m. an armoured police van left the Brisbane City Watchhouse with a prisoner inside. The man was hunched over, hiding his face between his knees.
Haneef's wife Firdous Arshiya has spoken of her relief at finally being able to speak to him by phone eleven days after he was arrested. Australia has now also revoked the visa of Firdous Arshiya; they did not provide a reason for the cancellation.
card to his cousin, Sabeel Ahmed
.
Haneef's links with his cousins were cited by police as a key factor in their case, and a Commonwealth prosecutor told magistrate Jacqui Payne:
, SC, argued for the Indian national to be released on bail and said the case against Haneef was "extremely weak". The matter was due to be heard again on 31 August 2007. After the decision by Immigration Minister Kevin Andrews
to cancel his work visa, Haneef chose not to post bail, opting instead to remain in police custody until his appeal against the visa cancellation decision could be heard.
Kevin Andrews
announced that Haneef's visa has been cancelled immediately on "character grounds" and, if released on bail, he will be taken into immigration detention. Mr Andrews said that the Australian Federal Police will issue a "criminal justice certificate", the effect of which is that Haneef will remain in immigration detention while legal proceedings are afoot. Mr Andrews said he had revoked Haneef's 457 temporary skills visa
on character grounds, because he "reasonably suspected" that Haneef had an association with people involved in terrorism. He further said "I'm satisfied the cancellation is in the national interest. I have a responsibility and a duty as minister under the Act to turn my mind to the question of whether Haneef passes the character test.",
This decision was critiised by the head of the Australian Bar Association, Stephen Estcourt
who famously said "He can’t do that"
The decision to revoke Haneef's visa was given in principle support by the Shadow Minister of Immigration, Tony Burke
On 31 July, Mr Andrews claimed to have canceled Haneef's visa based in part on an online chat that Haneef had with his brother prior to attempting to leave Australia.
“Suppose he had a cup of coffee with them 12 months ago, is that all association means?”
the counsel representing the government, agreed, that would be enough for Justice Spender to fail the test, if he were a foreign citizen working in Australia on a visa.
Justice Spender was also sceptical of the timing of the minister’s decision, just hours after Magistrate Jacqui Payne granted Haneef bail.
He said it was “curious” the minister had not decided to cancel the visa earlier, adding “There is room for the view that this was an act of circumventing the inconvenience of having him on bail”.
A full day of hearing has been set for 8 August.
confirmed that he had leaked a transcript of Haneef's initial interview with the AFP to the media in order to counter what he described as a campaign of damaging leaks by law enforcement agencies. The transcript, now mirrored
on the Internet, was published on the website of The Australian
newspaper then removed. Australia's Attorney-General, Philip Ruddock
, claimed that to ensure a fair trial Haneef might have been forced to spend more time in detention as a result of the leaked transcript, Haneef's lawyers subsequently released the transcript from his second interview to the media.
, the Australian High Commissioner, John Mcarthy was summoned to the Ministry of External Affairs, Government of India
, and told of India's concern over the way Haneef was being treated. This comes after Haneef's wife complained to the Prime Minister of India
. The Ministry of External Affairs spokesman Navtej Sarna
said, "The ministry expressed its concern to the Australian government that Dr Mohammed Haneef should be treated fairly and justly under Australian law".
The Indian high commission in Canberra
helped Haneef's family arrange legal assistance.
India twice sought consular access to Dr Haneef.
A minister of the Indian Government, E. Ahamed, met Haneef's family in Bangalore. Haneef's wife told him “India should put more pressure on Australia”
The prime minister of India was quoted as to have said that he could not sleep the whole night owing to Haneef's arrest.
The handling of the case by the Australian Federal Police
(AFP) and the Department of Public Prosecutions (DPP) has been criticised by Victorian Supreme Court Judge(then criminal lawyer) Lex Lasry
, and former chairman of the National Crime Commission, Peter Faris
. These claims were disputed by Federal Police Commissioner, Mick Keelty
.
The Federal Labor party has resisted offering criticism of the Government's handling of the issue and has on several occasions offered the Government in principle support for Kevin Andrew's decision to cancel Haneef's visa. This contrasts with statements issued by The Greens which have been strongly critical of the Government's actions. Federal Labor's failure to criticise the Government is widely seen as an attempt by its leadership to avoid a political wedge issue in the lead up to the late-2007 federal election.
Queensland Premier, Peter Beattie
has criticised the Federal government over the handling of the case and has called for an explanation. He was reported in The Australian newspaper to have said:
Bill Hayden
, former Governor-General
, also criticised the government's handling of the case, which he described as "frightening and appalling", and especially the cancellation of Haneef's visa by immigration minister Kevin Andrews
, which Hayden described as "arbitrary".
One was their claim that Haneef's SIM card had been found in a burning jeep at Glasgow Airport when, in fact, it had been found in the possession of the brother of a terrorism suspect in Liverpool. The second error was their accusation that Haneef had once lived with some of the UK bombing suspects, when in fact he had not. The Australian Labor Party
has called for an external review of the handling of the Haneef case by the Office of the Commonwealth Director of Public Prosecutions.
made a Residence Determination under s197AB of the Migration Act 1958 to allow Haneef to be detained in the community, although with some restrictions on his movements and a requirement to report to authorities daily.
On 28 July, the Minister announced that the Solicitor General had completed his review of the Minister's decision and formed the conclusion that Dr Haneef's appeal will fail. As a result, the Minister has declined to reverse his decision and reaffirmed the intention of the Commonwealth to resist the appeal in the Federal Court.
On 31 July 2007, Kevin Andrews released further details of the review by the solicitor general which, he claims, affirms the minister's decision to revoke Haneef's visa.
in his press conference of 31 July was an opinion authored by the Commonwealth Solicitor-General. This opinion contains exactly five direct quotes from source material (translated from Hindi into English) and several paraphrases of source material. The material presented is not a direct transcription of the translated chat room conversation. The highly selective nature of the quotations and paraphrases has drawn considerable criticism from media commentators, politicians and the legal community. The Minister has also been criticised for failing to mention in his assessment any mention of source material that was supportive of Haneef's claims of innocence.
The relevant paragraph from the Solicitor-General's advice is quoted here in full:
The Minister for Immigration has claimed that he is not entitled to release the record of interview since the information is controlled by the Australian Federal Police and the Commissioner of the Australian Federal Police has said that the police cannot do so either since investigations related to the material are ongoing. The Commissioner has pointed out that Haneef's legal team has had tapes of the interview since the time of the interview.
was not mentioned by name but is reasonable to assume that Haneef and his brother would have been able to make that inference given it was known to them by that time that Sabeel Ahmed
had been arrested.
Mr Beattie said if any inquiry went ahead and found there was nothing to hold against Haneef, he should be given a formal apology.
Rod Hodgson from Maurice Blackburn Lawyers, Dr Haneef's lawyer said that Dr Haneef was "extremely happy" but made no indication if Haneef would return to Australia.
Peter Russo explained Haneef's decision to return home immediately as being motivated by a desire to see his family, in particular, his sick mother.
On 28 July, the Immigration Minister stated:
A day later, Minister Kevin Andrews
used the fact that Haneef had acted in accordance with his own advice as evidence that "heightens, rather than lessens" his suspicions about the correctness of his own as yet unpublished assessment of Haneef's alleged bad character.
The government unsuccessfully appealed against the decision. After the verdict Haneef's visa was returned to him and the Gold Coast Medical Association and the Queensland Premier announced he is eligible to re-register with the medical board to practise in Queensland. The Australian Federal Police continues to investigate Haneef but will not disclose why.
became involved in the case within 48 hours of Haneef's arrest. Lawyers in the case have suggested that the early involvement of the Prime Minister mean that John Howard colluded with Immigration Minister Kevin Andrews
to politicise the issue. John Howard has maintained that he had no involvement with the handling of the Haneef case.
announced former NSW Supreme Court Justice, the Hon. John Clarke
SC would chair an inquiry into the 'arrest, detention, charging, prosecution and release' of Dr Haneef (the Clarke Inquiry).
The attorney-general labelled the Clarke inquiry a "judicial inquiry" [see Press Release 13 March 2008]. Dr Haneef's Lawyer, Stephen Keim called it a "virtual inquiry". The president of the Australian Council for Civil Liberties
, Terry O'Gorman, called it a "Mickey Mouse inquiry".
The report was presented to the government on 21 November 2008, and to the public about 23 December 2008. (The government said it had delayed the release due to concerns it could impact trials in the United Kingdom.) The government has responded.
The report concludes
Then AFP commissioner Mick Keelty is barely mentioned in the report.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
upon cancellation of his visa amid great political controversy.
Haneef was arrested on 2 July 2007 at Brisbane Airport
Brisbane Airport
Brisbane Airport is the sole passenger airport serving Brisbane and the third busiest in Australia, after Melbourne and Sydney Airports. Brisbane Airport has won many awards. Located in the suburb with the same name, the airport serves the city of Brisbane and the surrounding metropolitan area...
, Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
on suspicion of terror-related activities. He is the second cousin once removed of Kafeel Ahmed
Kafeel Ahmed
Kafeel Ahmed was one of two terrorists behind the 2007 Glasgow International Airport attack, who later died of his injuries sustained in the attacks.-History:...
and Sabeel Ahmed
Sabeel Ahmed
Dr. Sabeel Ahmed is a suspect arrested after the 2007 Glasgow International Airport attack. He was married to Sarah Fatima,his distant relative, on 21 July 2010 and now resides in Hafoof, Saudi Arabia and practises medicine there...
, the operatives in the 2007 Glasgow International Airport attack
2007 Glasgow International Airport attack
The 2007 Glasgow International Airport attack was a terrorist attack which occurred on Saturday 30 June 2007, at 15:11 BST, when a dark green Jeep Cherokee loaded with propane canisters was driven into the glass doors of the Glasgow International Airport terminal and set ablaze...
. Haneef's ensuing detention became the longest without charge in recent Australian history, which caused great controversy in Australia and India. Public outcry over the incident was further increased when the Australian Government denied Haneef the presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
, along with the Australian federal government's actions in his case.
Haneef was released when the Director of Public Prosecutions withdrew its charge on 27 July 2007, whereby his passport was returned and he departed Australia voluntarily on 29 July 2007. Final vindication for Haneef came when the cancellation of his visa was overturned by the Federal Court on 21 August 2007, with the decision being reiterated by the full bench of the court on 21 December 2007, resulting in Haneef having his Australian visa returned.
In December 2010, Haneef returned to Australia to seek damages for loss of income, interruption of his professional work, and emotional distress. He was awarded compensation from the Australian government. The amount of compensation awarded was not disclosed, but was described by sources as "substantial".
Life in India
Haneef is from MudigereMudigere
Mudigere is a panchayat town in Chikmagalur district in the Indian state of Karnataka. It is 35 km from the district headquarters. Several pilgrimage sites such as Dharmasthala , Horanadu, Kalasa, Sringeri are near to the town...
, in the coffee-rich Chikkamagaluru district of the state of Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, where his late father, Shami Khaleel, was a teacher. Haneef's father died in a road accident when he was 18. Shortly after this Haneef moved (with his family) to Bangalore, and he completed his pre-university certification course at SDM College
SDM College, Ujire
SDM Pre-University and degree college is a college in Karnataka imparting bachelor's degree in arts, commerce and science. It is located in the small town of Ujire. This is the first educational institution by Dharmasthala Trust. Dr Yashovarma is the current Principal of SDM college. This college...
in Ujire
Ujire
Ujire is a small town near Dharmasthala.It is situated in Belthangady taluk of Dakshina Kannada district. This is a junction where the road deviates to Dharmasthala and Mudigere of Chikkamagaluru.-Educational Institutes:...
in the neighbouring district of Dakshina Kannada
Dakshina Kannada
- Geography :The district geography consists of sea shore in the west and Western Ghats in the east. The major rivers are Netravathi, Kumaradhara, Phalguni, Shambhavi, Nandini or Pavanje and Payaswini which all join Arabian sea. Vast areas of evergreen forests which once covered this district, have...
. He subsequently studied medicine at the Dr.B R Ambedkar Medical College, an affiliated college of the Rajiv Gandhi University of Health Sciences
Rajiv Gandhi University of Health Sciences
Rajiv Gandhi University of Health Sciences, centered in Bangalore, India, is a unitary university set up in 1996 by the government of Karnataka, India, for the regulation and promotion of higher education in health sciences throughout the state of Karnataka....
from 1997 to 2002, achieving a first-class degree. During his days in India, there is no evidence to show that he was influenced by the idea of Islamic extremism.
Life in Australia
Haneef worked at Halton Hospital in RuncornRuncorn, Queensland
Runcorn is a suburb on the south side of Brisbane, Queensland, and is about from Brisbane’s central business district. The Jagera Aboriginal people occupied most of the land south of the Brisbane River and Runcorn would have been in the territory of the Chepara clan of Eight Mile Plains, Queensland...
Cheshire
Cheshire
Cheshire is a ceremonial county in North West England. Cheshire's county town is the city of Chester, although its largest town is Warrington. Other major towns include Widnes, Congleton, Crewe, Ellesmere Port, Runcorn, Macclesfield, Winsford, Northwich, and Wilmslow...
, before applying for a job in Australia under that country's temporary skilled worker scheme, after reading an advertisement in the March 2006 issue of the British Medical Journal
British Medical Journal
BMJ is a partially open-access peer-reviewed medical journal. Originally called the British Medical Journal, the title was officially shortened to BMJ in 1988. The journal is published by the BMJ Group, a wholly owned subsidiary of the British Medical Association...
. In Australia, he worked as a registrar at the Gold Coast Hospital
Gold Coast Hospital
Gold Coast Hospital, located on the Gold Coast, Queensland is a major teaching and referral hospital and the third largest in Queensland. The Gold Coast Hospital has one of the busiest emergency departments in the state...
since September 2006, and lived in an apartment several blocks from the hospital.
Arrest
Haneef was arrested on 2 July 2007 at Brisbane Airport, Brisbane, Australia for suspected terror-related activities, specifically in connection to 2007 Glasgow International Airport attack. He is the first person arrested and detained under the 2005 Australian Anti-Terrorism ActAustralian Anti-Terrorism Act 2005
The Anti-Terrorism Act 2005 is legislation intended to hamper the activities of any potential terrorists in Australia. It was passed by the Commonwealth Parliament on 6 December 2005.- Chronology :...
and the first to have his detention extended under the Act, being detained for twelve days without being charged with a crime.
Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
, the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
Commissioner, acknowledged that Haneef "may have done nothing wrong and may at the end of the day be free to go."
The one-way ticket
At the time of his arrest, Haneef was attempting to make a one-way trip to India. This led authorities to believe Haneef's attempted exit from Australia on 2 July was directly linked to the arrest of his cousin Kafeel Ahmed, who suffered 90% burns after the Glasgow airport attack on 30 June. They discounted the possibility that Haneef was returning to see his six day-old daughter, who had neonatal jaundiceNeonatal jaundice
Neonatal jaundice or Neonatal hyperbilirubinemia is a yellowing of the skin and other tissues of a newborn infant. A bilirubin level of more than 85 umol/l manifests clinical jaundice in neonates whereas in adults a level of 34 umol/l would look icteric...
, and wife who had given birth to her first child by emergency caesarean section.
Following his arrest, Haneef's family claimed that any link between him and the terrorists is only tenuous, and a case of guilt by association, that he was not involved in the plot, and that he was returning to India to see his wife and daughter. Haneef's father-in-law said the doctor wanted to take his wife and daughter back to Australia after getting the infant a passport, and so travelled without a return ticket.
The AFP claimed in a court affidavit that Haneef, "had no explanation as to why he did not have a return ticket" from India to Australia. While the police affidavit stated Haneef "had no explanation" about his one-way ticket, the record of interview shows that he gave a detailed explanation to police while answering questions. Haneef told police that as he did not have funds in his Australian bank account his father-in-law had booked and paid for the one-way ticket with an understanding that "when I go there we can arrange for the coming back ticket. Because I just got 7 days' leave approved".
The SIM card
Australian authorities alleged that as Haneef left Britain he recklessly provided assistance to a terrorist organization by leaving his relative, Sabeel Ahmed, a SIMSubscriber Identity Module
A subscriber identity module or subscriber identification module is an integrated circuit that securely stores the International Mobile Subscriber Identity and the related key used to identify and authenticate subscriber on mobile telephony devices .A SIM is held on a removable SIM card, which...
card and the balance of a two year mobile phone contract to use and pay off when he left Britain in July 2006. Relatives have said that he left the SIM card behind to save money by not surrendering the remaining value of the contract to the telephone company. The prosecutor claimed the SIM card was found inside the vehicle used in the Glasgow Airport attack. This allegation, central to the case, has proved to be false and investigating British police officers have concluded that the case is being driven by politics rather than policing.
Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
revealed that Scotland Yard
Scotland Yard
Scotland Yard is a metonym for the headquarters of the Metropolitan Police Service of London, UK. It derives from the location of the original Metropolitan Police headquarters at 4 Whitehall Place, which had a rear entrance on a street called Great Scotland Yard. The Scotland Yard entrance became...
had initially told Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
investigators that the SIM card was found in the jeep confirming that the conduit for the SIM card error was the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
, contrary to Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
's previous denials. A review by the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
(DPP), Damian Bugg, revealed the allegations connected to the SIM card use as "error of fact".
The shared flat
The AFP claimed in a court affidavit that Haneef told police in his first interview that he lived in Britain with the two terrorism suspects, his cousins: "On 2 July and 3 July 2007 Dr Haneef participated in a taped record of interview with the AFP and stated the following: Whilst in the UK he resided with suspects 1 and 2 (alleged suicide bomber Kafeel Ahmed and his brother Sabeel Ahmed), at 13 Bentley Road, Liverpool."In subsequent Immigration Department documents used to advise Australian Immigration Minister Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
, senior public servant Peter White asserts: "Dr Haneef advised the AFP that he resided with Dr Sabeel Ahmed at a boarding house located at 13 Bentley Road, Liverpool, UK. " This error was not corrected by the AFP
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
, and revealed by Hedley Thomas on 20 July in The Australian.
However, in the record of the interview, Haneef told police that he lived at 13 Bentley Road, Liverpool, with several doctors, whom he names. None of those named are known to be suspects in the Glasgow or London incidents.
Haneef told police that he had moved out of 13 Bentley Road by the time that Sabeel Ahmed moved there. He also told police that he visited Cambridge on two occasions in 2004 and stayed for up to six days with Kafeel Ahmed.
The diary
There has been confusion with the handling of evidence, with Australian police presenting their own notes to Haneef under the impression that they were diary entries written by Haneef. This led to inaccurate claims that the police had written in the diary itself but it has been confirmed that the police notes were not written in Haneef's diary.Other allegations
Unsubstantiated media reports claim that Mohamed Haneef was in frequent and extensive contact with two men at the centre of Britain's car-bomb plot on the eve of their failed terror attacks. The online communication between Haneef and the bomb plotters was (supposedly) prolific and that authorities have (supposedly) gathered significantly more evidence against him than that has been disclosed publicly.There are claims that computer records obtained by authorities reveal that Haneef remained in close contact with both Kafeel and his brother Sabeel until the failed bombings on 29 June. Haneef's colleagues at Gold Coast Hospital said Haneef "had made no mention of his planned personal trip to India, and had commented often about how well it worked to have his family living in India while he was working in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
"
Australian police alleged a link between Haneef and Bilal Abdullah
Bilal Abdullah
Bilal Talal Samad Abdullah was one of two terrorists behind the 2007 Glasgow International Airport attack, and is currently serving a life sentence with a minimum of 32 years.-History:...
, the owner and occupant of the Jeep used in the attack, by claiming Haneef admitted knowing a person named "Bilal" but refused to provide further information on him. In fact Haneef had actually stated he knew a "Bilab" and freely gave information about this person.
Australian intelligence authorities are reportedly probing a report in the Indian newspaper The Asian Age that alleged Haneef supposedly belonged to the now banned Student Islamic Movement of India (SIMI) when he was at medical school. Haneef's lawyer Peter Russo said he asked his client about the claim: "His response to it was it's simply not true", Mr Russo told ABC Radio.
Australia has reportedly sought details from India of personal information such as banking transactions related to Haneef. The request came after Indian authorities declined to comply with a request for "friendly sharing of information" made by a representative of the Australian Federal Police during a visit there last week.
On Sunday, 22 July, some News Limited papers reported unsubstantiated claims from unnamed law enforcement sources that the AFP was investigating Haneef's alleged involvement in a plot to blow up a Gold Coast sky scraper. The reports also alleged that Haneef may have been one of a number of people who had expressed interest in the operations of planes at premises in Queensland. The Australian Federal Police commissioner Mick Keelty was forced to take the extraordinary step of publicly denying any substance to these claims.
Detention conditions
On Sunday 22 July the Queensland government revealed that Haneef will be treated “as a terrorist” while detained in jail and subject to special conditions, including solitary confinement for 23 hours a day.Queensland Police and Corrective Services Minister Judy Spence said the conditions of his detention included no contact with other inmates, meaning Haneef would be alone in a cell for all but one hour a day, when he is allowed to exercise.
“Anyone who is charged under terrorist legislation is obviously seen as a greater threat to the good order of our society than other types of prisoners,” she said.
Haneef is believed to have been moved from the Brisbane watchhouse to a nearby remand centre on the morning of 18 7 July. Just after 9:30 a.m. an armoured police van left the Brisbane City Watchhouse with a prisoner inside. The man was hunched over, hiding his face between his knees.
Haneef's wife Firdous Arshiya has spoken of her relief at finally being able to speak to him by phone eleven days after he was arrested. Australia has now also revoked the visa of Firdous Arshiya; they did not provide a reason for the cancellation.
Charge
Australian authorities charged Haneef under Section 102.7(2) of the Criminal Code Act 1995. An offence under this section of the Act carries a maximum penalty of 15 years in prison. The basis of the charge was the allegation that he had intentionally provided support to an organization, deemed to be a terrorist organization under the terms of the act, whilst being reckless as to whether it was a terrorist organisation. The allegation centered on the gift of his own SIMSubscriber Identity Module
A subscriber identity module or subscriber identification module is an integrated circuit that securely stores the International Mobile Subscriber Identity and the related key used to identify and authenticate subscriber on mobile telephony devices .A SIM is held on a removable SIM card, which...
card to his cousin, Sabeel Ahmed
Sabeel Ahmed
Dr. Sabeel Ahmed is a suspect arrested after the 2007 Glasgow International Airport attack. He was married to Sarah Fatima,his distant relative, on 21 July 2010 and now resides in Hafoof, Saudi Arabia and practises medicine there...
.
Haneef's links with his cousins were cited by police as a key factor in their case, and a Commonwealth prosecutor told magistrate Jacqui Payne:
Dr Haneef lived with these people.
He may have worked with these people.
He associated with these people.
He is their second cousin.
Granting of bail
Haneef was ordered to be freed on a relatively modest, $10,000 surety on 16 July 2007, after the public prosecutor failed to convince the magistrate that the doctor should be remanded in custody. His barrister, Stephen KeimStephen Keim
Stephen Keim, SC is a Brisbane barrister who represented Indian-born doctor Mohamed Haneef in his application for judicial review of a decision to revoke his Australian visa...
, SC, argued for the Indian national to be released on bail and said the case against Haneef was "extremely weak". The matter was due to be heard again on 31 August 2007. After the decision by Immigration Minister Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
to cancel his work visa, Haneef chose not to post bail, opting instead to remain in police custody until his appeal against the visa cancellation decision could be heard.
Cancellation of visa by government
Immigration MinisterMinister for Immigration and Citizenship (Australia)
In the Government of Australia, the Minister for Immigration and Citizenship is responsible for overseeing the Department of Immigration and Citizenship....
Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
announced that Haneef's visa has been cancelled immediately on "character grounds" and, if released on bail, he will be taken into immigration detention. Mr Andrews said that the Australian Federal Police will issue a "criminal justice certificate", the effect of which is that Haneef will remain in immigration detention while legal proceedings are afoot. Mr Andrews said he had revoked Haneef's 457 temporary skills visa
457 visa
The 457 visa is the most commonly used program for Australian or overseas employers to sponsor skilled overseas workers to work in Australia temporarily...
on character grounds, because he "reasonably suspected" that Haneef had an association with people involved in terrorism. He further said "I'm satisfied the cancellation is in the national interest. I have a responsibility and a duty as minister under the Act to turn my mind to the question of whether Haneef passes the character test.",
This decision was critiised by the head of the Australian Bar Association, Stephen Estcourt
Stephen Estcourt
Stephen Estcourt QC was born 20 March 1953 at Hobart, Tasmania. Since 2004 he has maintained barristers chambers in Hobart and Melbourne, dividing his time between the two.- Education :...
who famously said "He can’t do that"
The decision to revoke Haneef's visa was given in principle support by the Shadow Minister of Immigration, Tony Burke
On 31 July, Mr Andrews claimed to have canceled Haneef's visa based in part on an online chat that Haneef had with his brother prior to attempting to leave Australia.
Appeal to Federal Court against visa cancellation
Haneef's legal team lodged an appeal against this decision with the Federal Court. In the preliminary hearing, Justice Spender described as "absolutely astounding" the government's argument that mere association with a suspected criminal means a non-citizen fails the character test for the purposes of his visa, stating that even he could not pass the character test as he had represented murderers in the past: “Unfortunately, I would fail the character test on your statement because I have been associated with persons suspected of criminal conduct,” adding“Suppose he had a cup of coffee with them 12 months ago, is that all association means?”
the counsel representing the government, agreed, that would be enough for Justice Spender to fail the test, if he were a foreign citizen working in Australia on a visa.
Justice Spender was also sceptical of the timing of the minister’s decision, just hours after Magistrate Jacqui Payne granted Haneef bail.
He said it was “curious” the minister had not decided to cancel the visa earlier, adding “There is room for the view that this was an act of circumventing the inconvenience of having him on bail”.
A full day of hearing has been set for 8 August.
Leakage of interview transcript
On 18 July 2007, Haneef's barrister Stephen KeimStephen Keim
Stephen Keim, SC is a Brisbane barrister who represented Indian-born doctor Mohamed Haneef in his application for judicial review of a decision to revoke his Australian visa...
confirmed that he had leaked a transcript of Haneef's initial interview with the AFP to the media in order to counter what he described as a campaign of damaging leaks by law enforcement agencies. The transcript, now mirrored
Mirror (computing)
In computing, a mirror is an exact copy of a data set. On the Internet, a mirror site is an exact copy of another Internet site.Mirror sites are most commonly used to provide multiple sources of the same information, and are of particular value as a way of providing reliable access to large downloads...
on the Internet, was published on the website of The Australian
The Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
newspaper then removed. Australia's Attorney-General, Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
, claimed that to ensure a fair trial Haneef might have been forced to spend more time in detention as a result of the leaked transcript, Haneef's lawyers subsequently released the transcript from his second interview to the media.
Reaction of Government of India
Meanwhile in IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, the Australian High Commissioner, John Mcarthy was summoned to the Ministry of External Affairs, Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
, and told of India's concern over the way Haneef was being treated. This comes after Haneef's wife complained to the Prime Minister of India
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
. The Ministry of External Affairs spokesman Navtej Sarna
Navtej Sarna
Navtej Sarna is an Indian author-columnist, and diplomat, who is the present Indian Ambassador to Israel.He was born in Jalandhar, India to noted writer in Punjabi, Mohinder Singh Sarna, and passed out of the 1980 Class of Indian Foreign Service...
said, "The ministry expressed its concern to the Australian government that Dr Mohammed Haneef should be treated fairly and justly under Australian law".
The Indian high commission in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
helped Haneef's family arrange legal assistance.
India twice sought consular access to Dr Haneef.
A minister of the Indian Government, E. Ahamed, met Haneef's family in Bangalore. Haneef's wife told him “India should put more pressure on Australia”
The prime minister of India was quoted as to have said that he could not sleep the whole night owing to Haneef's arrest.
Criticism of prosecution case and government actions
Commonwealth prosecutor Clive Porritt had claimed that the SIM card was lent by Haneef to Sabeel Ahmed and was then passed to Khalid Ahmed before it was found in the wreckage of the Jeep Cherokee used in the Glasgow airport attack. It was subsequently reported by The Australian newspaper and ABC's AM program that the veracity of these claims are questionable, and that the SIM card was found in Liverpool at Sabeel Ahmed's residence.The handling of the case by the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
(AFP) and the Department of Public Prosecutions (DPP) has been criticised by Victorian Supreme Court Judge(then criminal lawyer) Lex Lasry
Lex Lasry
Lex Lasry QC is a prominent Australian lawyer and a judge in the Supreme Court of Victoria.Lasry graduated from Haileybury College, Melbourne then Monash University in Melbourne. He was admitted to practise law in Victoria in 1973 and was appointed Queens Counsel in 1990. Lasry is the former chair...
, and former chairman of the National Crime Commission, Peter Faris
Peter Faris
George Peter Faris, QC is a criminal lawyer, media commentator and former radio broadcaster in Melbourne, Australia.He commenced practice as a solicitor in 1963 under the tutelage of the Australian defence lawyer Frank Galbally...
. These claims were disputed by Federal Police Commissioner, Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
.
The Federal Labor party has resisted offering criticism of the Government's handling of the issue and has on several occasions offered the Government in principle support for Kevin Andrew's decision to cancel Haneef's visa. This contrasts with statements issued by The Greens which have been strongly critical of the Government's actions. Federal Labor's failure to criticise the Government is widely seen as an attempt by its leadership to avoid a political wedge issue in the lead up to the late-2007 federal election.
Queensland Premier, Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
has criticised the Federal government over the handling of the case and has called for an explanation. He was reported in The Australian newspaper to have said:
"I'm deeply concerned about where we are," Mr Beattie said. "If they have stuffed this up, they should come clean. There are now too many questions and it's just looking sloppy.
Bill Hayden
Bill Hayden
William George "Bill" Hayden AC was the 21st Governor-General of Australia. Prior to this, he represented the Australian Labor Party in parliament; he was a minister in the government of Gough Whitlam, and later became Leader of the Opposition, narrowly losing the 1980 federal election to the...
, former Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, also criticised the government's handling of the case, which he described as "frightening and appalling", and especially the cancellation of Haneef's visa by immigration minister Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
, which Hayden described as "arbitrary".
Dropping of charge by Director of Public Prosecutions
On 27 July, all charges against Mohamed Haneef were dropped before Magistrate Wendy Cull in the Brisbane Magistrates Court. Prosecutor A.J. McSporran said that there would be "no reasonable prospect of a conviction of Haneef being secured." He told the court that prosecutors had made two mistakes at a bail hearing on 14 July.One was their claim that Haneef's SIM card had been found in a burning jeep at Glasgow Airport when, in fact, it had been found in the possession of the brother of a terrorism suspect in Liverpool. The second error was their accusation that Haneef had once lived with some of the UK bombing suspects, when in fact he had not. The Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
has called for an external review of the handling of the Haneef case by the Office of the Commonwealth Director of Public Prosecutions.
Commonwealth Solicitor General's review of visa cancellation
On 27 July 2007 following the abandonment of the case by the Director of Public Prosecutions, the Minister held a press conference to announce that he had requested that the Commonwealth Solicitor General provide him with advice about whether his decision to cancel Haneef's visa should be reviewed, given the collapse of the prosecution's case. Pending the receipt of that advice, Minister Kevin AndrewsKevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
made a Residence Determination under s197AB of the Migration Act 1958 to allow Haneef to be detained in the community, although with some restrictions on his movements and a requirement to report to authorities daily.
On 28 July, the Minister announced that the Solicitor General had completed his review of the Minister's decision and formed the conclusion that Dr Haneef's appeal will fail. As a result, the Minister has declined to reverse his decision and reaffirmed the intention of the Commonwealth to resist the appeal in the Federal Court.
On 31 July 2007, Kevin Andrews released further details of the review by the solicitor general which, he claims, affirms the minister's decision to revoke Haneef's visa.
Evidence presented by the Minister of Immigration regarding grounds for reasonable suspicion
The primary evidence presented by Kevin AndrewsKevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
in his press conference of 31 July was an opinion authored by the Commonwealth Solicitor-General. This opinion contains exactly five direct quotes from source material (translated from Hindi into English) and several paraphrases of source material. The material presented is not a direct transcription of the translated chat room conversation. The highly selective nature of the quotations and paraphrases has drawn considerable criticism from media commentators, politicians and the legal community. The Minister has also been criticised for failing to mention in his assessment any mention of source material that was supportive of Haneef's claims of innocence.
The relevant paragraph from the Solicitor-General's advice is quoted here in full:
Part of the material supplied to the Minister protected under a 503A referred to a chat room conversation between Haneef and his brother Shuaib in India on 2 July. Obviously Shuaib was also a cousin of the Ahmed brothers. In the conversation, Shuiab informed Haneef "that nothing has been found out about you" and asked when he would be getting out. Haneef replied "today". Shuaib asked whether he had permission from his hospital to leave and what he told the hospital to take leave. Haneef said that he had told them that his baby was born in an emergency caesarean. Shuaib said "tell them you have to as you have a daughter born, do not tell them anything else". Shuaib then told Haneef not to delay his departure and not to let anyone else use his number in Australia or give it to anyone. He added that "Aunty told that brother Kafeel used it; he is in some sort of project over there" and that "that disturbance (incident) which happened, it happened like this, Kafeel told that he will come and fix everything up". Shauib also said that there was no contact with Kafeel. The protected material concluded with the following paragraphs...
Challenge to release full record of second interview
Haneef's legal advisers have challenged the Government to release the full record of the second police interview since they believe the public is entitled to judge for themselves whether the explanations given by Haneef in relation to these conversations are worthy of suspicion. His legal advisers have also pointed out that the material referred to by the Minister was available to the magistrate when she made her bail decision on 16 July and to the Director of Public Prosecutions when he decided to drop charges on 27 July. The Minister claims that these prior tests of the material are not relevant to his decision since, by the terms of the Act, he is not required to prove his suspicions beyond reasonable doubt. The Act also specifically exempts the Minister from the requirement to ensure his decisions comply with the principles of natural justice.The Minister for Immigration has claimed that he is not entitled to release the record of interview since the information is controlled by the Australian Federal Police and the Commissioner of the Australian Federal Police has said that the police cannot do so either since investigations related to the material are ongoing. The Commissioner has pointed out that Haneef's legal team has had tapes of the interview since the time of the interview.
Partial response by Haneef to Minister's claims
Haneef is quoted, in an Indian media report, as stating that the remark "nothing has been found about you" was in relation to a BBC report about the Glasgow and London incidents. There is a report dated 1 July on the BBC website which refers to (contemporaneously) recent arrests in Liverpool however it is unknown if this is the report that Haneef was referring to. In this report, Haneef's cousin, Sabeel AhmedSabeel Ahmed
Dr. Sabeel Ahmed is a suspect arrested after the 2007 Glasgow International Airport attack. He was married to Sarah Fatima,his distant relative, on 21 July 2010 and now resides in Hafoof, Saudi Arabia and practises medicine there...
was not mentioned by name but is reasonable to assume that Haneef and his brother would have been able to make that inference given it was known to them by that time that Sabeel Ahmed
Sabeel Ahmed
Dr. Sabeel Ahmed is a suspect arrested after the 2007 Glasgow International Airport attack. He was married to Sarah Fatima,his distant relative, on 21 July 2010 and now resides in Hafoof, Saudi Arabia and practises medicine there...
had been arrested.
Calls for a formal apology
The then premier of Queensland, Peter Beattie, on 30 July, said that Haneef had been treated "appallingly". "Kevin Andrews should be the subject of an inquiry, and the handling of the whole issue should be subject to a total reassessment," Mr Beattie said.Mr Beattie said if any inquiry went ahead and found there was nothing to hold against Haneef, he should be given a formal apology.
You do not put someone in detention for this period of time then not pursue the matter against him in the courts without some sort of ... acknowledgement that a mistake was made, That's the least that we could do.
Clearing of Name
On Sunday, 30 August 2008 The Sydney Morning Herald reported that the Australian Federal Police have finally confirmed they have cleared Dr Haneef as a suspect in the terrorism attack on Glasgow airport.In a short statement released to the media yesterday afternoon, the AFP confirmed it had informed Dr Haneef's solicitor, Rod Hodgson, the federal Attorney-General, Robert McClelland, and the Home Affairs Minister, Bob Debus, that Dr Haneef was "no longer a person of interest".
Rod Hodgson from Maurice Blackburn Lawyers, Dr Haneef's lawyer said that Dr Haneef was "extremely happy" but made no indication if Haneef would return to Australia.
Return to India
Haneef's passport was returned to him, but his work visa was not returned. Within hours Haneef boarded a flight home to India. Immigration authorities prevented him holding a press conference prior to his departure. The 60 Minutes program broadcast an interview with him conducted before he left the country, on 29 July.Peter Russo explained Haneef's decision to return home immediately as being motivated by a desire to see his family, in particular, his sick mother.
On 28 July, the Immigration Minister stated:
"After taking advice, including from the Australian Federal Police, I have indicated that the Commonwealth has no objection to Haneef leaving Australia. Indeed the effect of the visa cancellation is that he should remove himself, he should depart Australia in any event,"
A day later, Minister Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
used the fact that Haneef had acted in accordance with his own advice as evidence that "heightens, rather than lessens" his suspicions about the correctness of his own as yet unpublished assessment of Haneef's alleged bad character.
Job kept open
There have been mounting calls in Australia for the doctor to be allowed back to work, and the Gold Coast Hospital where he was working has said Haneef's job is waiting for him if he regains the visa. Haneef has not returned to this job, choosing to pursue a career in Dubai.Family reactions
Haneef's family celebrated his release. "We've always known that he was innocent and now everyone else knows it too," Haneef's sister, Sumayya said. "It's been a year since we've last seen him and this last month has been so traumatic for us. We're all waiting to finally meet him. My brother has suffered so much this past month."Court case and return of visa
While in India, Haneef applied to have his visa reinstated through judicial review. The matter was held before Justice Spender, who on 20 August 2007 quashed Andrews' decision to cancel the visa. Spender ruled that the term "association" should not include mere social, family or professional relationships.The government unsuccessfully appealed against the decision. After the verdict Haneef's visa was returned to him and the Gold Coast Medical Association and the Queensland Premier announced he is eligible to re-register with the medical board to practise in Queensland. The Australian Federal Police continues to investigate Haneef but will not disclose why.
Evidence of John Howard's involvement
During the 2008 inquiry into the Haneef affair, documents have revealed that former Prime Minister John HowardJohn Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
became involved in the case within 48 hours of Haneef's arrest. Lawyers in the case have suggested that the early involvement of the Prime Minister mean that John Howard colluded with Immigration Minister Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
to politicise the issue. John Howard has maintained that he had no involvement with the handling of the Haneef case.
The Clarke Inquiry and Report
On 13 March 2008, the Commonwealth Attorney-General Robert McclellandRobert McClelland
Robert McClelland is the name of:*Robert McClelland , Governor of Michigan and U.S. Secretary of the Interior*Robert McClelland , current Australian Attorney-General...
announced former NSW Supreme Court Justice, the Hon. John Clarke
John Clarke
-Canada:* John Clarke , Canadian political activist and founder of the Ontario Coalition Against Poverty* John Clarke C.M., Canadian mountaineer, explorer and wilderness educator* John Clarke -Canada:* John Clarke (activist), Canadian political activist and founder of the Ontario Coalition...
SC would chair an inquiry into the 'arrest, detention, charging, prosecution and release' of Dr Haneef (the Clarke Inquiry).
The attorney-general labelled the Clarke inquiry a "judicial inquiry" [see Press Release 13 March 2008]. Dr Haneef's Lawyer, Stephen Keim called it a "virtual inquiry". The president of the Australian Council for Civil Liberties
Australian Council for Civil Liberties
The Australian Council for Civil Liberties is a Civil Liberties group based in Australia. The president of this organisation is currently Terry O'Gorman who is also the vice president of the Queensland Council for Civil Liberties....
, Terry O'Gorman, called it a "Mickey Mouse inquiry".
The report was presented to the government on 21 November 2008, and to the public about 23 December 2008. (The government said it had delayed the release due to concerns it could impact trials in the United Kingdom.) The government has responded.
The report concludes
- The evidence against Mohamed Haneef was "completely deficient".
- ASIO reported to the government two days after Haneef's arrest that there was no information that he was guilty of anything;
- Commander Ramzi Jabbour, manager, counter-terrorism (domestic), had lost objectivity and was "unable to see that the evidence he regarded as highly incriminating in fact amounted to very little"; and
- Police officers Neil Thompson and Adam Simms, who interrogated Haneef, refused to charge him, so Jabbour did so himself.
Then AFP commissioner Mick Keelty is barely mentioned in the report.
See also
- 2007 Glasgow International Airport attack2007 Glasgow International Airport attackThe 2007 Glasgow International Airport attack was a terrorist attack which occurred on Saturday 30 June 2007, at 15:11 BST, when a dark green Jeep Cherokee loaded with propane canisters was driven into the glass doors of the Glasgow International Airport terminal and set ablaze...
- 2007 UK terrorist incidents2007 UK terrorist incidentsTwo major terrorist incidents took place in 2007, in the UK, with significant national and international repercussions.-London:On 29 June 2007, two unexploded car bombs were discovered in London. The first device was found in a car parked near the Tiger Tiger nightclub in Haymarket and two large...
External links
- Do Not Prejudge Haneef - K P S Gill
- Australian Federal Court upholds Haneef visa decision
- Department of Immigration and Citizenship documents on the cancellation of Haneef's Australian visa (The Sydney Morning HeraldThe Sydney Morning HeraldThe Sydney Morning Herald is a daily broadsheet newspaper published by Fairfax Media in Sydney, Australia. Founded in 1831 as the Sydney Herald, the SMH is the oldest continuously published newspaper in Australia. The newspaper is published six days a week. The newspaper's Sunday counterpart, The...
) - Transcript of first Australian Police Interview
- Transcript of second Australian Police Interview
- campaign for Dr. Haneef
- Friends of Dr Haneef. Site for supporters of Dr Haneef
- Friends and supporters of Dr Haneef - mailing list
- Campaign for the resignation of Kevin Andrews, MP
- Four Corners - The Trials of Dr. Haneef (ABC Television)
- An interview with Stephen Keim SC - The Clarke Inquiry Pt 1
- The Clarke Inquiry website This includes a full copy of the report.
- Government responses to the Clarke Inquiry And other matters.