Muhamed Haneef (born 29 September 1979) is an Indian born doctor who was falsely accused of aiding
terrorists
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, and left Australia upon cancellation of his
visa
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
amid great political controversy. His visa was later reinstated and he was given some compensation.
Haneef was arrested on 2 July 2007 at
Brisbane Airport
Brisbane Airport is the primary international airport serving Brisbane and South East Queensland. The airport services 31 airlines flying to 50 domestic and 29 international destinations, in total amounting to more than 22.7 million passeng ...
,
Brisbane
Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
, Australia on suspicion of terror-related activities. He is the second cousin once removed of
Kafeel Ahmed
Kafeel Ahmed (1 January 1979 – 2 August 2007) was an aeronautical engineer and one of two terrorists behind the 2007 UK terrorist incidents. He died of injuries sustained in the second of these incidents, a vehicle-ramming attack at Glasgow Ai ...
and
Sabeel Ahmed, the operatives in the 2007
Glasgow Airport attack
The Glasgow Airport attack was a Vehicle-ramming attack, terrorist ramming attack which occurred on 30 June 2007, at 15:11 Western European Summer Time, BST, when a dark green Jeep Cherokee (XJ), Jeep Cherokee loaded with propane canisters was ...
. Haneef's ensuing detention became the longest without charge in recent Australian history, which caused great controversy in Australia and India.
Haneef was released when the
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
withdrew its charge on 27 July 2007,
whereby his passport was returned and he departed Australia voluntarily on 29 July 2007. Haneef's visa cancellation 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
Raised a Muslim, Haneef is from
Mudigere
Mudigere is a Town Panchayath and Taluk in Chikkamagaluru district in the Indian state of Karnataka. It is 30 km from the district headquarters.
Nearest airport is at Mangalore which is at a distance of . Mudigere is known for coffee and ...
, in the coffee-rich
Chikkamagaluru district
Chikmagalur, officially Chikkamagaluru is an administrative district in the Malnad subregion of Karnataka, India. Coffee was first cultivated in India in Chikmagalur. The hills of Chikmagalur are parts of the Western Ghauts and the source of ...
of the state of
Karnataka
Karnataka (; ISO: , , also known as Karunāḍu) is a state in the southwestern region of India. It was formed on 1 November 1956, with the passage of the States Reorganisation Act. Originally known as Mysore State , it was renamed ''Karnat ...
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
{{Infobox settlement
, name = Ujire
, other_name =
, nickname =
, settlement_type = Town
, image_skyline = Siddavana gurukula.JPG
, image_alt =
, image_captio ...
in the neighbouring district of
Dakshina Kannada
Dakshina Kannada district is a district of Karnataka state in India, with its headquarters in the coastal city of Mangalore. It is part of the larger Tulu Nadu region. The district covers an area nestled in between the Western Ghats to its east ...
.
He subsequently studied medicine at the
Tripura Medical College & Dr. B.R. Ambedkar Memorial Teaching Hospital from 1997 to 2002, achieving a first-class degree.
Life in Australia
Haneef worked at
Halton Hospital in
Runcorn
Runcorn is an industrial town and cargo port in the Borough of Halton in Cheshire, England. Its population in 2011 was 61,789. The town is in the southeast of the Liverpool City Region, with Liverpool to the northwest across the River Mersey. ...
Cheshire
Cheshire ( ) is a ceremonial and historic county in North West England, bordered by Wales to the west, Merseyside and Greater Manchester to the north, Derbyshire to the east, and Staffordshire and Shropshire to the south. Cheshire's county t ...
, 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
''The BMJ'' is a weekly peer-reviewed medical trade journal, published by the trade union the British Medical Association (BMA). ''The BMJ'' has editorial freedom from the BMA. It is one of the world's oldest general medical journals. Origi ...
''. In Australia, he worked as a
registrar
A registrar is an official keeper of records made in a register. The term may refer to:
Education
* Registrar (education), an official in an academic institution who handles student records
* Registrar of the University of Oxford, one of the sen ...
at the
Gold Coast Hospital
Gold Coast Hospital, located at 98–136 Nerang Street, Southport was, from 1960 to 2013 a major teaching and referral hospital and the third largest in Queensland. The Gold Coast Hospital had one of the busiest emergency departments in the s ...
from 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 the attack at
Glasgow Airport
gd, Port-adhair Eadar-nàiseanta Ghlaschu
, image = Glasgow Airport logo.svg
, image-width = 200
, image2 = GlasgowAirportFromAir.jpg
, image2-width = 250
, IATA = GLA
, ICAO = EGPF
, type = Public
, owner = AGS Airports
, hub =
*easy ...
in the UK, a few days earlier. He was about to board an international flight. He was the first person arrested and detained under the
2005 Australian Anti-Terrorism Act and the first to have his detention extended under the Act, being detained for twelve days without being charged with a crime.
Mick Keelty
Michael Joseph Keelty AO (born 13 July 1954) is a retired Australian Police Commissioner of the Australian Federal Police from 2001 to 2009. He was also the inaugural chairperson of the Australian Crime Commission, now known as the Australia ...
, the
Australian Federal Police
The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. Th ...
Commissioner, acknowledged that Haneef "may have done nothing wrong and may at the end of the day be free to go."
Investigation, allegations, and responses
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 jaundice
Neonatal jaundice is a yellowish discoloration of the white part of the eyes and skin in a newborn baby due to high bilirubin levels. Other symptoms may include excess sleepiness or poor feeding. Complications may include seizures, cerebral pals ...
, 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 organisation by leaving his relative, Sabeel Ahmed, a
SIM 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 attack. This allegation, central to the case, proved to be false and investigating British police officers concluded that the case was driven by politics rather than policing.
Mick Keelty
Michael Joseph Keelty AO (born 13 July 1954) is a retired Australian Police Commissioner of the Australian Federal Police from 2001 to 2009. He was also the inaugural chairperson of the Australian Crime Commission, now known as the Australia ...
revealed that
Scotland Yard
Scotland Yard (officially New Scotland Yard) is the headquarters of the Metropolitan Police, the territorial police force responsible for policing Greater London's 32 boroughs, but not the City of London, the square mile that forms London's ...
had initially told
Australian Federal Police
The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. Th ...
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".
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, senior public servant Peter White asserted: "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
Hedley Thomas is an Australian investigative journalist and author, who has won seven Walkley Awards, two of which are Gold Walkleys.
Personal life
Thomas is married and lives in Brisbane. He has two children. In 2002 Thomas and his family we ...
on 20 July in ''
The Australian
''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...
''.
However, in the record of the interview, Haneef told police that he lived at 13 Bentley Road, Liverpool, with several doctors, whom he named. 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 was 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 was confirmed that the police notes were not written in Haneef's diary.
Other allegations
Unsubstantiated media reports claim that Muhamed 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
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
"
Australian police alleged a link between Haneef and
Bilal Abdullah
Bilal Talal Samad Abdullah ( ar, بلال عبد الله, ; born 17 September 1980) was one of two terrorists behind the 2007 UK terrorist incidents. He is currently serving a life sentence with a minimum of 32 years.
Biography
A resident of N ...
, 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
''The Asian Age'' is an English-language Indian daily newspaper with editions published in Delhi, Mumbai and Kolkata. It also prints an "international edition" in London. It was launched in February 1994.
The same publishing company also prod ...
'' that alleged Haneef supposedly belonged to the now banned
Student Islamic Movement of India
The Students' Islamic Movement of India (abbreviated SIMI) is a banned terrorist organisation that was formed in Aligarh, Uttar Pradesh in April 1977. The stated mission of SIMI is the ‘liberation of India’ by converting it to an Islamic la ...
(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 late September 2007.
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 skyscraper. 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
Michael Joseph Keelty AO (born 13 July 1954) is a retired Australian Police Commissioner of the Australian Federal Police from 2001 to 2009. He was also the inaugural chairperson of the Australian Crime Commission, now known as the Australia ...
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 would 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
Judith Caroline Spence (born 19 May 1957) is an Australian politician and former member of the Legislative Assembly of Queensland for the Labor Party, from the 1989 election to 2012. She represented Mount Gravatt until 2009, but after a redis ...
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 organisation, deemed to be a terrorist organisation 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
SIM 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:
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 Keim, 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.
Cancellation of visa by government
Immigration Minister 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 criticised by the head of the
Australian Bar Association
The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia.
The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...
,
Stephen Estcourt
Stephen Peter Estcourt (born 20 March 1953 in Hobart, Tasmania) is an Australian judge, who has been Puisne Judge of the Supreme Court of Tasmania since April 2013. From 2004 to 2013, he maintained barristers' chambers in Hobart and Melbourne ...
who 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".
Leakage of interview transcript
On 18 July 2007, Haneef's barrister
Stephen Keim 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
''Mirrored'' is the debut studio album by American experimental rock band Battles. It was released on May 14, 2007 in the United Kingdom, and on May 22, 2007 in the United States. ''Mirrored'' marked the first album in which the band incorporated ...
on the Internet,
was published on the website of ''
The Australian
''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...
'' newspaper then removed.
Australia's Attorney-General,
Philip Ruddock
Philip Maxwell Ruddock (born 12 March 1943 in Canberra) is an Australian politician and the current mayor of Hornsby Shire.
Ruddock is a member of the Liberal Party of Australia and currently the state president of the party's New South W ...
, 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 India, the
Australian High Commissioner,
John McCarthy was summoned to the
Ministry of External Affairs, 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 prime minister of India (IAST: ) is the head of government of the Republic of India. Executive authority is vested in the prime minister and their chosen Council of Ministers, despite the president of India being the nominal head of the ...
. The Ministry of External Affairs spokesman
Navtej Sarna
Navtej Singh Sarna (born 1957) is an Indian author-columnist, diplomat and former List of ambassadors of India to the United States, Indian Ambassador to the United States. He previously served as the High Commission of India to the United Kingd ...
said, "The ministry expressed its concern to the
Australian government
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government i ...
that Dr Mohammed Haneef should be treated fairly and justly under
Australian law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substa ...
".
/ref>
The Indian high commission in Canberra
Canberra ( )
is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
helped Haneef's family arrange legal assistance.
India twice sought consular access to Dr Haneef.
A minister of the Indian Government, E. Ahamed
E. Ahamed (29 April 1938 – 1 February 2017), Edappakath Ahamed in full, was an Indian politician from Kannur (then Cannanore) in northern Kerala. A Member of Parliament (Lok Sabha) between 1991 and 2017, he was a key figure in India's diploma ...
, 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 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
The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. Th ...
(AFP) and the Department of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
(DPP) has been criticised by Victorian Supreme Court Judge (then criminal lawyer) Lex Lasry
Lex Lasry (born 8 July 1948) is an Australian lawyer and a retired judge of the Supreme Court of Victoria from 2007 to 2018.
Early life and education
Lasry grew up in the Victorian country town of Healesville where his father worked as a soli ...
, and former chairman of the National Crime Commission, Peter Faris. These claims were disputed by Federal Police Commissioner, Mick Keelty
Michael Joseph Keelty AO (born 13 July 1954) is a retired Australian Police Commissioner of the Australian Federal Police from 2001 to 2009. He was also the inaugural chairperson of the Australian Crime Commission, now known as the Australia ...
.
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 Andrews' 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 Douglas Beattie (born 18 November 1952) is an Australian former politician who served as the 36th Premier of Queensland, in office from 1998 to 2007. He was the state leader of the Labor Party from 1996 to 2007.
Beattie was born in Sy ...
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
William George Hayden (born 23 January 1933) is an Australian politician who served as the 21st governor-general of Australia from 1989 to 1996. He was Leader of the Labor Party and Leader of the Opposition from 1977 to 1983, and served as ...
, former Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
, 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".
Freedom
Dropping of charge by Director of Public Prosecutions
On 27 July, all charges against 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
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
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 Andrews 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 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.
Partial response by Haneef to Minister's claims
Haneef is quoted, in a British 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.
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 30 August 2008, ''The Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...
'' reported that the Australian Federal Police have finally confirmed they have cleared Haneef as a suspect in the Glasgow attack.
In a short statement released to the media yesterday afternoon, the AFP confirmed it had informed Haneef's solicitor, Rod Hodgson, the federal Attorney-General, Robert McClelland, and the Home Affairs Minister, Bob Debus
Robert John Debus (born 16 September 1943) is a former Australian politician who served as a member of the Australian House of Representatives and the New South Wales Legislative Assembly
The New South Wales Legislative Assembly is the lo ...
, that Haneef was "no longer a person of interest".
Rod Hodgson from Maurice Blackburn
Maurice McCrae Blackburn (19 November 1880 – 31 March 1944) was an Australian politician and socialist lawyer, noted for his protection of the interests of workers and the establishment of the legal firm known as Maurice Blackburn Lawyers.
...
Lawyers, Haneef's lawyer said that 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
''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique styl ...
'' 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 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.
Evidence of John Howard's involvement
During the 2008 inquiry into the Haneef affair, documents have revealed that former Prime Minister John Howard
John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the s ...
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.
The Clarke Inquiry and Report
On 13 March 2008, the Commonwealth Attorney-General Robert McClelland 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" ee 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
Liberty Victoria, officially the Victorian Council for Civil Liberties (VCCL) and formerly Australian Council for Civil Liberties (ACCL), is a civil liberties group based in Victoria, Australia.
History
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:
* 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.
References
External links
Australia apologises to Dr Haneef; Will India to Dr Junaid?
- TCN News
Australian Federal Court upholds Haneef visa decision
Department of Immigration and Citizenship documents on the cancellation of Haneef's Australian visa
(''The Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...
'')
Transcript of first Australian Police Interview
Transcript of second Australian Police Interview
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
An interview with Stephen Keim SC - The Clarke Inquiry Pt 1
*The Clarke Inquiry website
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This includes a full copy of the report.
Government responses to the Clarke Inquiry
And other matters.
{{DEFAULTSORT:Haneef, Mohamed
1979 births
June 2007 UK terrorist incidents
21st-century Indian medical doctors
History of immigration to Australia
21st-century Indian Muslims
Islamic terrorism in Australia
Living people
Medical doctors from Karnataka
People from Chikkamagaluru district
Political controversies in Australia