Dennis Shanahan, playing with a fairly straight bat for once, pre-reports on the unreleased findings from John Clarke QC’s report into the charging and deportation of Dr. Mohammad Haneef. According to the report:
- Haneef should not have been charged.
- Haneef should not have been deported.
- The prosecution was so riddled with errors as to be incompetent.
- Anti-terrorism laws should be reviewed.
- The AFP and intelligence agencies should come under tighter controls including parliamentary oversight.
All as expected. But the most chilling finding in the whole affair is this:
…the report, commissioned by the Rudd Government, has cleared the Howard government of any improper behaviour, conspiracy or political motivation in ordering the detention and later deportation of the Indian doctor from the Gold Coast in July last year.
I wish to heaven there had been a conspiracy. Were it a conspiracy, that would mean a bunch of evil men had colluded to pervert the course of justice, persecute an innocent man, and abuse what are otherwise sound and well-designed laws and processes.
Instead, what John Clarke QC’s report shows is that the laws worked exactly as intended. There were no procedural irregularities. No perversion of justice. No wrongdoing by the actors and participants.
The machinery of the anti-terrorism laws, the AFP, ASIO and Minister Kevin Andrews operated with chilling, ruthless and legally correct efficiency to deprive an innocent man of his liberty, damn his good name to the world, bundle him out of the country, no ifs, no buts, no beg your pardons.
Such things should only be possible due to conspiracy of evil men against good laws. That it happened due to the actions of people acting correctly according to their procedures and their conscience, reminds us all just how heinous a state’s terror apparatus can become.
PS – And on that cheery note, I wish you the happiness of the season. May you spend it with people you love, whether in person or in your heart. And may it be a million miles from any government.
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