If the criminal case against Dr Haneef is as weak as media reporting is tending to suggest (but bearing in mind that there may be some evidence about which we have heard nothing yet,) then the proper thing his lawyers ought to be doing is making submissions as soon as possible to the DPP to consider not proceeding with the charge.
The DPP (and indeed the Federal Police, although having come up with the charge they cannot be the ones seen to make the decision to withdraw it) would surely have some sensitivity to their ongoing credibility if the case is one with a high likelihood of crashing and burning in a spectacular fashion.
If the charge is withdrawn, the main party that I see losing face would be the Federal Police. That would be no bad thing in its way; it would make them more careful and more cautious in future. It may make whoever it is who seems to have leaked wrong information to re-consider the tactic in future. It doesn't hurt for the Police to get a slap down, every now and then.
Meanwhile, I continue to see no substantial advantage to the refusal of the surety being paid so as to allow Haneef to be released on bail and held in Villawood in Sydney instead of as a terrorist on remand in Brisbane. I do not think the issue of getting instructions and providing him with legal advice in Sydney is that big an issue. There would appear to be little extra that Haneef can currently add to his Federal Court appeal, and the cost of getting instructions on the criminal case (even if it involved a personal visit for a day to Sydney) would surely not be huge.
Instead, it seems pretty clear that keeping him in Brisbane in normal remand is a matyrdom tactic of his own lawyers, who want political pressure to come to play on the visa revocation issue. In my view, Haneef would be better served by having lawyers who refused to play the media/political game, and took a quieter approach to ending quickly the incarceration of their client.
If the DPP did pull the criminal charge, then the astute thing for Minister Andrews to do would be to say that he has reviewed the case, and be more explicit as to whether it is the "secret" evidence alone which is sufficient to justify his decision to revoke the visa. If it is, then it's goodbye Dr Haneef and he can be deported. He has no inherent right to be here, and he would presumably be glad to be gone.
My current opinion remains that it is the Federal Police and Haneef's lawyers who have both played games here, with the media acting like a cheerleader to both sides of a game. (First half spent gee-ing up the crowd for the Federal Police, second half crossing over to the other team.) Of course the media has a job to do in reporting on justice issues, but I get peeved when they act as if it is a particularly noble role.