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If the charge is withdrawn, the main party that I see losing face would be the Federal Police.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.
8 comments:
You have a strange take on this case Steve.
Asking his defence team to take a quieter approach to ending quickly the incarceration of their client is almost perverse, given that the accused's name and photo were blasted across the country while he was merely being held for questioning, and the police haven't shut up since.
Talk about trial by public hanging.
Hoping that they have some devastating new evidence hidden away from public view is fantasy. The police can't keep their mouths shut on this, they have shown everything other than their dirty undies.
Sheesh, what a stuff up.
Now, explain to me how you can "recklessly" give a SIM card to someone? What steps are involved?
Caz, assuming for the argument that the Federal Police have stuffed up (and as you probably tell from my post, I think that is quite likely,) then don't you think running the case in the media may risk making the Fed's position more entrenched? In fact, I see this morning that there seems to be more being leaked Haneef, probably for this very reason. I think such leaking by the police is very bad, as I made clear in my post.
But: I reckon his lawyers don't have to organise protests and make themselves available to the media 24 hours a day to make their point to the DPP that the case is headed towards PR disaster for the Federal Police. That can be done privately, and (a point which you didn't answer at all) while their client is living in much better circumstances in Villawood.
As for the nature of the charge: recklessnous is not an unknown concept in criminal law; the courts would have had to decide how it works in this particular offence. I don't see that there is any general grounds for criticising the law because of the use of the concept.
*Groan*.
Yes, of course the charge of recklessness is quite common in criminal law Steve, but buggered if I can think of how anyone can give a SIM card to a relative “recklessly”. Turns out the SIM card was exactly where he had left it, that is, with his cousin a couple of hundred miles away from the car bomb explosion.
In this instance, it also assumes he had knowledge that the SIM card could or would be used for some purpose other than making the odd phone call. It’s a stretch, to put it mildly.
Not sure why you are so keen for this chap to avail himself of the Villawood services. I can’t imagine why he would choose to go there given the distance. I guess he discussed it with his lawyers and chose to stay in a familiar geographical location, at least. I can understand that. There’s no strategy in it, that is, neither one nor the other would garner more or less public sympathy. Being locked up is all the same in most people’s minds. It’s a non issue in terms of the case or how it is being managed.
I don’t know that the defence are available to the media 24/7 – I haven’t seen much other than a few sound grabs. The police have done far more public running commentating than the defence. As for why they should be doing anything “quietly” behind the scenes, I have no idea. I don’t see why that would be a worthy strategy. It wouldn’t matter what they do the AFP / DPP and the pollies have already dug their stubborn heals in. One way or another their client’s life has been ruined, likely all for no reason, even if he is eventually released and sent home to India – his future is stuffed. That’s pretty harsh if he is innocent.
The “secret evidence” that the AFP claim to have is intriguing. It would need to be pretty damning to override this trite idiocy. They haven’t even put it in front of a judge, that’s how “secret” it is.
If you read the articles yesterday, drawing on his first interview transcript, this guy has nothing to hide.
Rumored that the second, 15 hour, interview transcript will be released this week.
Caz, did you read my first post on this? In Qld prison, he is being treated as a terrorist awaiting trial, meaning he gets one hour of exercise a day, and no contact with other prisoners. He also gets to wear that fetching colour of brown and handcuffs that we all saw in the photo this week.
I assume that Immigration, on the other hand, would have no reason to justify keeping him in similar circumstances in Villawood. (Yes, we all know that immigration has solitary confinement too, but I would have thought it would have to be his behaviour in the centre that gets him put in there. If I am wrong on this point, and Villawood would put him in solitary too even though he is on bail for the criminal charge, I don't have any point. I would be very surprised if Villawood would treat him this way, though.)
I assume that the government would have to foot the bill of getting him to and from Villawood for his trials. He would, presumably, be accompanied by an Immigration guard.
You are quite right, it may be his decision entirely to not avail himself of the bail, because he wants to be close to his lawyers. What I am questioning is why a person, properly informed of the difference, would make this decision. He is hardly likely to be needing frequent face to face contact with his lawyers over the forthcoming weeks.
"He is hardly likely to be needing frequent face to face contact with his lawyers over the forthcoming weeks."
Ya reckon????????
Heck, this whole thing could be over within a couple of weeks. Or less? Depends how quickly the gov't moves to drop the charges and send him on home.
For someone in this position, his lawyer is the only person providing information, and, very importantly, emotional and psychological support. With the addition of a cousin now in the country, but the lawyer has more ready access.
You've obviously never been in jail Steve. :-D
Being without that daily contact with his lawyer, a human face, stuck in the middle of this silly mess without any reasoning voice to keep your spirits up, would do your head in, I think.
I have visited jails quite a few times, Caz.
The Wikipedia article on Villawood notes that the Department says that the facilities there include:
Children's playgrounds, medical facilities, televisions, videos and DVDs, computers, computer games and stereo hi-fi music systems, various Australian and foreign language papers, sports facilities including aerobics, gym equipment, basketball, volleyball and cricket, leisure activities including yoga, women’s group, meditation classes, massage therapy, bicycles, table tennis, gardening, art and craft activities, library, sewing, hairdressing, pool, excursions, and a variety of musical sessions.
Compare this to Dr Haneef sitting alone except for one hour exercise and not being able to talk to other prisoners. I know of few lawyers who make visits just to keep their client's chin up, and there is such a thing as a telephone by which you can make contact whether you are in Brisbane or Sydney. The relative could visit him in Villawood just as easily as in Brisbane.
If you or Dr Haneef think that having personal visits from his lawyer is sufficient counterweight to the other disadvantages of being treated as a high risk prisoner, well you're entitled to the opinion. But I know which form of detention would more likely send me nuts, and it's not being in remand in a real prison when I don't have to be there.
Sorry, last line should read .." and it's being in remand in a real prison when I don't have to be there."
You have me gobsmacked Steve!
Never thought of Villawood as a holiday wonderland, but, hey, if you think it's a beaut place ...
Did you also believe the course descriptions at uni?
I expect being locked up would be horrible for anyone, regardless of where, and regardless of what the Herald-Sun has to say about it.
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