[Greens-Media] Greens question length of detention of terror suspect

[Edwards, Jon (Sen K. Nettle)]

Greens question length of detention of terror suspect


11.07.07

Australian Greens Attorney General's Department Spokesperson Senator
Kerry Nettle today expressed concern at the length of detention without
charge that Dr Haneef has experienced which has dramatically exceeded
government predictions of what would be 'reasonable' when the
anti-terrorism laws were enacted.

"The Attorney General's department told the Senate back in 2004 that a
reasonable time for this kind of investigative detention would be more
like 16 hours not the 204 hours and counting that Dr Haneef is
experiencing," Senator Nettle said.

"It should be a concern to all Australians that the police can keep a
person in detention without charge indefinitely.

"The Greens raised concerns at the time of the passing of this law but
were told that such long periods of detention would not be reasonable.

Mr Geoff McDonald, Assistant Secretary, Criminal Law Branch of the
Attorney General's Department told the Senate Inquiry into the
Anti-terrorism bill in 2004 that;

	"I would be extraordinarily surprised if the dead time, for
example, in relation to the time zones would get anything 	like the
sorts of time periods that were being suggested by Professor Williams. I
have spoken to the Victorians about 	cases in Victoria concerning
reasonable time and what the court has considered to be reasonable time,
and the court has 	considered periods like 16 hours to be
reasonable."

	"In fact, I actually expect with this legislation that in
reality the periods of the extensions will not be up around 	the full
24-hour limit. I expect that they will be within that period and that in
fact the dead time will in many cases 	still come within that limit."

"The police must be able to do their work but this must be balanced by
the requirement not to detain people if they are innocent. 

"If the police cannot find any evidence to charge Dr Haneef with a crime
then he should be released. If Dr Haneef has committed a crime he should
be charged and detained accordingly," said Senator Nettle.

Contact - Jon Edwards 0428 213 146