Mohamed Haneef

Mohamed Haneef (born 29 September 1979) is a 29-year old Indian physician who was accused of aiding terrorists, and left Australia upon cancellation of his visa amid great political controversy.

Haneef was arrested on July 2, 2007 at the Brisbane Airport, Brisbane, Australia on suspicion of terror-related activities. He is the second cousin of Kafeel Ahmed and Sabeel Ahmed the operatives in the 2007 Glasgow International Airport attack. Haneef's ensuing detention became the longest without charge in recent Australian history, which caused great controversy in Australia and India. Public outcry over the incident was further increased when the Australian Government denied Haneef the presumption of innocence, along with the Australian federal government's actions in his case.

Haneef was released when the Director of Public Prosecutions withdrew its charge on July 27, 2007,cite news|title = Haneef related to UK terror suspects |publisher = Australian Broadcasting Corporation |date = July 7, 2007|url = http://www.abc.net.au/news/stories/2007/07/06/1971334.htm?section=justin] [cite news|title = Haneef lawyers appeal detention |publisher = BBC News |date = 18 July 2007|url = http://news.bbc.co.uk/2/hi/asia-pacific/6904040.stm] whereby his passport was returned and he departed Australia voluntarily on 29 July 2007. Final vindication for Haneef came when the cancellation of his visa 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.cite news |title=Haneef wins visa back |url=http://www.theage.com.au/news/national/haneef-wins-visa-back/2007/12/21/1198175297229.html |publisher="The Age" |date=2007-12-21 |accessdate=2007-12-21 ] cite news|first=Nicole|last=Butler|url=http://www.abc.net.au/pm/content/2007/s2125844.htm|work=PM|publisher=ABC Radio|title=Visa returned to Mohamed Haneef|date=December 21, 2007]

Life in India

Haneef is from Mudigere, in the coffee-rich Chikkamagaluru district of the state of Karnataka in India, where his late father, Shami Khaleel, was a teacher. Haneef's father died in a road accident when he was 18.cite news|title = Haneef related to UK terror suspects |publisher = Australian Broadcasting Corporation |date = July 07, 2007|url = http://www.abc.net.au/news/stories/2007/07/06/1971334.htm?section=justin] Shortly after this Haneef moved (with his family) to Bangalore, and he completed his pre-university certification course at SDM College in Ujire in the neighbouring district of Dakshina Kannada.cite news|url=http://timesofindia.indiatimes.com/articleshow/2170406.cms|publisher=The Times of India|title='Haneef was quiet but academically brilliant'|date=July 3, 2007] He subsequently studied medicine at the Dr.B R Ambedkar Medical College, an affiliated college of the Rajiv Gandhi University of Health Sciences from 1997 to 2002, achieving a first-class degree.During his days in india, there is no evidence to show that he was influenced by the idea of islamic extremism.

Life in Australia

Haneef worked at Halton Hospital in Runcorn Cheshire, 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. In Australia, he worked as a registrar at the Gold Coast Hospital since September 2006, and lived in an apartment several blocks from the hospital.cite news|url=http://news.bbc.co.uk/2/hi/uk_news/6264230.stm|publisher=BBC|title=Who are the car bomb suspects?|date=July 4, 2007]

Arrest

Haneef was arrested on July 2, 2007 at the Brisbane Airport, Brisbane, Australia for suspected terror-related activities, specifically in connection to 2007 Glasgow International Airport attack. He is 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, the Australian Federal Police Commissioner, acknowledged that Haneef "may have done nothing wrong and may at the end of the day be free to go."cite news|url=http://optuszoo.news.ninemsn.com.au/article.aspx?id=276635&rss=yes&_cobr=optus|publisher=NineMSN|title=Al-Qaeda 'hinted at alleged doctor attacks'|date=July 4, 2007]

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 July 2 was directly linked to the arrest of his second cousin Kafeel Ahmed, who suffered 90% burns after the Glasgow airport attack on June 30. They discounted the possibility that Haneef was returning to see his six day-old daughter, who had neonatal jaundice, 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.cite news|url=http://www.theage.com.au/news/national/doctors-family-explains-movements/2007/07/04/1183351299659.html?page=fullpage#contentSwap2 |publisher=The Age|title=Doctor's family explains plane ticket, SIM card|date=July 5, 2007] 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.cite news|url=http://www.abc.net.au/news/stories/2007/07/04/1970151.htm|publisher=ABC News|title=SIM card to blame for Haneef arrest: family|date=July 4, 2007]

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".cite web|url=http://www.news.com.au/story/0,23599,22101959-2,00.html|title=www.news.com.au/story/0,23599,22101959-2,00.html ]

The SIM card

Australian authorities alleged that as Haneef left Britain he recklessly provided assistance to a terrorist organization 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.cite news|url=http://www.worldnewsaustralia.com.au/region.php?id=138420&region=7|publisher=World News Australia|title='Haneef charged'|date=July 14, 2007] cite news|url=http://www.thewest.com.au/aapstory.aspx?StoryName=399987|publisher=TheWest.com.au|title='Haneef charged for offering SIM card'|date=July 14, 2007] 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. [cite web|url=http://www.theage.com.au/articles/2007/07/04/1183351299659.html|title=www.worldnewsaustralia.com.au/region.php?id=138420&region=7|publisher=World News Australia|title='Haneef charged'|date=July 14, 2007] [cite web|url=http://www.theage.com.au/articles/2007/07/04/1183351299659.html |title=Doctor's family explains plane ticket, SIM card ] The prosecutor claimed the SIM card was found inside the vehicle used in the Glasgow Airport attack. This allegation, central to the case, has proved to be false and investigating British police officers have concluded that the case is being driven by politics rather than policing.cite news|url=http://www.smh.com.au/news/national/haneef-case-descends-into-farce/2007/07/20/1184560040251.html|author=Craig Skehan, Julia May and Amrit Dhillon|work=The Sydney Morning Herald|publisher=Fairfax|title=Haneef case descends into farce|date=July 21, 2007] .cite news|url=http://www.abc.net.au/am/content/2007/s1983454.htm
author=Raphael Epstein|work=AM (ABC Radio)|publisher=Australian Broadcasting Corporation|title=Haneef court information incorrect, source says|date=July 20, 2007] cite news|url=http://www.abc.net.au/news/stories/2007/07/20/1983448.htm|work=ABC Online News|publisher=Australian Broadcasting Corporation|title=Doubt cast on case against Haneef|date=July 20, 2007] cite news|url=http://www.theaustralian.news.com.au/story/0,25197,22104032-601,00.html|work=The Australian|publisher=News Limited|title=Haneef SIM not in jeep: report|date=July 20, 2007] cite news|url=http://www.smh.com.au/news/national/haneefs-sim-not-in-jeep-report/2007/07/20/1184559994520.html|work=The Sydney Morning Herald|publisher=Fairfax|title=Haneef's SIM not in Jeep: report|date=July 20, 2007]
Mick Keelty revealed that Scotland Yard had initially told Australian Federal Police 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. [http://www.theaustralian.news.com.au/story/0,,22185126-28737,00.html?from=public_rss Police chief on the back foot | The Australian ] ] A review by the Director of Public Prosecutions (DPP), Damian Bugg, revealed the allegations connected to the SIM card use as "error of fact".cite news|url=http://www.theage.com.au/news/national/haneef-investigation-flawed/2007/10/12/1191696163122.html|work=The Age|publisher=Fairfax|title=Haneef investigation 'flawed'|date=October 12, 2007] .

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 second 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 asserts: "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 on July 20 in The Australian..

However, in the record of the interview, Haneef told police that he lived at 13 Bentley Road, Liverpool, with several doctors, whom he names. 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 has been 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. [cite paper|author=Mohamed Haneef and Adam Simms|title=Taped Record of Interview Between Detective Sergeant Adam Simms and Mohamed Haneef: Q1363-1365 page 118;Q1375-1378 page 119;Q1395-1403 page 121|date=July 3, 2007|url=http://www.hindu.com/nic/0058/haneef.pdf|format=pdf|accessdate=2007-07-23] This led to inaccurate claims that the police had written in the diary itselfcite news|url=http://www.theaustralian.news.com.au/story/0,25197,22117157-601,00.html|work=The Australian|publisher=News Limited|title=Police wrote in Haneef diary|author=Hedley Thomas and Andrew Fraser|date=July 23, 2007] cite news|url=http://www.theaustralian.news.com.au/story/0,25197,22118165-601,00.html|work=The Australian|publisher=News Limited|title=Haneef diary under the microscope|author=AAP|date=July 23, 2007] but it has been confirmed that the police notes were not written in Haneef's diary.cite news|url=http://timesofindia.indiatimes.com/India/Diary_notes_are_mine_not_by_cops_Haneef/articleshow/2228432.cms|work=The Times of India|publisher=Times Internet Limited|title=Diary notes are mine, not by cops: Haneef|author=N D Shiva Kumar & Prashanth G N|date=July 24, 2007]

Other allegations

Unsubstantiated media reports claim that Mohamed 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 Haneef's close links to both Kafeel and his brother Sabeel continued right up until the failed bombings in Glasgow and in London's West End on June 29.Fact|date=July 2007 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" [http://timesofindia.indiatimes.com/articleshow/2209175.cms]

Australian police alleged a link between Haneef and Bilal Abdullah, 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.cite news|url=http://www.guardian.co.uk/worldlatest/story/0,,-6778686,00.html|publisher=The Guardian|title='Haneef Aust Police Charge Indian Doctor'|date=July 14, 2007] [ [http://www.theaustralian.news.com.au/story/0,,23887711-2702,00.html?from=public_rss Police 'withheld facts' on Mohamed Haneef] The Australian June 19, 2008]

Australian intelligence authorities are reportedly probing a report in the Indian newspaper The Asian Age that alleged Haneef supposedly belonged to the now banned Student Islamic Movement of India (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. [http://www.gcbulletin.com.au/article/2007/07/06/6165_news.html] [http://www.deccanherald.com/Content/Jul182007/national2007071813567.asp?section=updatenews]

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 last week. [http://sify.com/news/fullstory.php?id=14494466&vsv=SHGTslot2]

On Sunday, 22nd July, some News Limited papers [http://www.news.com.au/adelaidenow/story/0,22606,22112617-5006301,00.html] 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 sky scraper. 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 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 will 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 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.cite web|url=http://www.thewest.com.au/default.aspx?MenuID=145&ContentID=34797|title=www.thewest.com.au/default.aspx?MenuID=145&ContentID=34797 ]

Haneef is believed to have been moved from the Brisbane watchhouse to a nearby remand centre on the morning of 18 July 07. 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. [http://www.news.com.au/heraldsun/story/0,21985,22094004-5005961,00.html]

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 [http://www.gcbulletin.com.au/article/2007/07/13/6295_news.html] . Australia has now also revoked the visa of Firdous Arshiya; they did not provide a reason for the cancellation. [http://economictimes.indiatimes.com/News/PoliticsNation/Haneef_wifes_visa_cancelled_says_family/articleshow/2213483.cms]

Charge

Australian authorities charged Haneef under Section 102.7(2) of the [http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/previewlodgmentattachments/D98F51784E28A82DCA25732500139047/$file/CriminalCode1995_WD02.htm#param200 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 organization, deemed to be a terrorist organization 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 second cousin, Sabeel Ahmed. [cite web|url=http://www.theage.com.au/articles/2007/07/04/1183351299659.html|title=www.theage.com.au/articles/2007/07/04/1183351299659.html ]

Haneef's links with his second 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, [cite web|url=http://www.news.com.au/dailytelegraph/story/0,22049,22081609-5001028,00.html|title=www.news.com.au/dailytelegraph/story/0,22049,22081609-5001028,00.html ] 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". [http://www.news.com.au/story/0,23599,22081609-29277,00.html] . The matter was due to be heard again on 31st of 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 [http://www.theaustralian.news.com.au/story/0,25197,22088258-1702,00.html] .

Cancellation of visa by government

Minister for Immigration and Citizenship (Australia)
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." [http://www.news.com.au/story/0,23599,22086630-29277,00.html] , [http://canberra.yourguide.com.au/detail.asp?class=news&subclass=general&story_id=1022579&category=general] .cite news|url=http://mpegmedia.abc.net.au/news/audio/pm/200707/20070716-pm02-haneefcourt.mp3|publisher=ABC.com.au|title=Haneef detention "a great injustice"'|date=July 16, 2007]

The decision to revoke Haneef's visa was given in principle support by the Shadow Minister of Immigration, Tony Burkecite news|url=http://www.theaustralian.news.com.au/story/0,25197,22083039-1702,00.html|publisher=news.com.au|title="Labor supports Haneef visa calculation"|date=July 26, 2007]

On July 31st, 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.cite news
url=http://www.theage.com.au/news/national/andrews-reveals-haneef-details/2007/07/31/1185647893695.html
work=The Age
publisher=Fairfax Digital
title=Andrews reveals Haneef details
date=July 31, 2007]

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,cite news|url=http://www.smh.com.au/news/national/the-bumpy-road-to-justice-of-a-noncitizen-doctor/2007/07/18/1184559867200.html?page=fullpage#contentSwap1|work=Sydney Morning Herald|publisher=Fairfax Digital|title=The bumpy road to justice of a non-citizen doctor|date=2007-07-19] 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. [cite web|url=http://www.abc.net.au/7.30/content/2007/s1981965.htm|title=www.abc.net.au/7.30/content/2007/s1981965.htm ]

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”.

A full day of hearing has been set for August 8. [cite web|url=http://www.theaustralian.news.com.au/story/0,25197,22096758-601,00.html|title=www.theaustralian.news.com.au/story/0,25197,22096758-601,00.html ]

Leakage of interview transcript

On July 18 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. [cite web|url=http://www.brisbanetimes.com.au/news/national/pm-condemns-leak/2007/07/18/1184559843421.html|title=www.brisbanetimes.com.au/news/national/pm-condemns-leak/2007/07/18/1184559843421.html ] The transcript, now mirrored on the Internet,cite news|url=http://www.hindu.com/nic/0058/haneef.htm|work=The Hindu|publisher=The Hindu Group Publications|title=Transcript of Australian Police interrogation of Dr. Mohammed Haneef|date=July 18, 2007] was published on the website of The Australian newspaper then removed.cite news|url=http://www.theaustralian.news.com.au/story/0,25197,22093906-601,00.html|work=The Australian|publisher=News Limited|title=Haneef interview: full transcript|date=July 18, 2007] cite news|url=http://www.nytimes.com/2007/07/19/world/asia/19australia.html|work=The New York Times|author=Raymond Bonner|publisher=The New York Times Company|title=Transcript Shows Doctor Cooperated With Australian Investigators|date=July 19, 2007] Australia's Attorney-General, Philip Ruddock, 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, [cite web|url=http://www.abc.net.au/7.30/content/2007/s1981965.htm|title=www.hindu.com/nic/0058/haneef.htm|work=The Hindu|publisher=The Hindu Group Publications|title=Transcript of Australian Police interrogation of Dr. Mohammed Haneef|date=July 18, 2007] Haneef's lawyers subsequently released the transcript from his second interview to the media.cite news|url=http://www.smh.com.au/news/national/haneef-tape-released/2007/08/22/1187462317276.html|work=The Sydney Morning Herald|publisher=Fairfax|title=Haneef tape released|date=August 22, 2007] [cite paper|author=Mohamed Haneef, Adam Simms and Neil Thompson|title=Transcript of Electronic Interview|date=July 13, 2007|url=http://www.smh.com.au/pdf/haneef2_transcript.pdf|format=pdf|accessdate=2007-08-22]

Reaction of Government of India

Meanwhile in India, the Australian High Commissioner, John Mcarthy was summoned to the Ministry of External Affairs, Government of India, 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 Ministry of External Affairs spokesman Navtej Sarna said, "The ministry expressed its concern to the Australian government that Dr Mohammed Haneef should be treated fairly and justly under Australian law". [cite web|title=Haneef gets bail, loses visa|url=http://www.hindustantimes.com/StoryPage/FullcoverageStoryPage.aspx?id=18632a6f-d9b2-4538-a6f8-47f66d33c89aindiandocsinukterrorplot_Special&&Headline=Dr+Haneef+gets+bail+but+loses+visa] [http://www.samachar.com/showurl.php?rurl=http://www.ibnlive.com/news/haneef-in-extensive-contact-with-uk-suspects/45064-2.html?xml&news=`Haneef%20in%20extensive%20contact%20with%20UK%20suspects`&pubDate=Tue%2C+17+Jul+2007+10%3A02%3A28++0100&keyword=ibn_home] [http://www.samachar.com/showurl.php?rurl=http://www.ibnlive.com/news/haneef-in-extensive-contact-with-uk-suspects/45064-2.html?xml&news=`Haneef%20in%20extensive%20contact%20with%20UK%20suspects`&pubDate=Tue%2C+17+Jul+2007+10%3A02%3A28++0100&keyword=ibn_home ]

The Indian high commission in Canberra helped Haneef's family arrange legal assistance.India twice sought consular access to Dr Haneef. [cite web|url=http://news.monstersandcritics.com/asiapacific/news/article_1332540.php/India_presses_Australia_for_consular_access_to_detained_doctor|title=India presses Australia for consular access to detained doctor ]

A minister of the Indian Government, E. Ahamed, met Haneef's family in Bangalore. Haneef's wife told him “India should put more pressure on Australia” [cite web|url=http://www.hindu.com/2007/07/20/stories/2007072060241600.htm|title=www.hindu.com/2007/07/20/stories/2007072060241600.htm ] 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 airport 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. [cite news
url=http://www.smh.com.au/news/national/just-an-ordinary-life/2007/07/20/1184560040326.html
author=David Marr
work=The Sydney Morning Herald
publisher=Fairfax
title=Just an ordinary life
date=July 21, 2007] The handling of the case by the Australian Federal Police (AFP) and the Department of Public Prosecutions (DPP) has been criticised by criminal lawyer Lex Lasry, and former chairman of the National Crime Commission, Peter Faris. These claims were disputed by Federal Police Commissioner, Mick Keelty. [cite news
url=http://www.news.com.au/heraldsun/story/0,21985,22105242-5005961,00.html
title=Keelty defends handling of Haneef case
date=July 21, 2007]

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 Andrew's 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 has criticised the Federal government over the handling of the case and has called for an explanation. He was reported in "The Australian" newspapercite news
url=http://www.theaustralian.news.com.au/story/0,25197,22108416-601,00.html
author=Hedley Thomas and Mark Dodd
work=The Australian
publisher=News Corporation
title=Call for Ruddock to explain case
date=July 21, 2007] 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, former Governor-General, 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".cite news
url=http://www.smh.com.au/news/national/frightening-and-appalling-hayden/2007/07/20/1184560040290.html
author=Leonie Wood
work=Sydney Morning Herald
publisher=Fairfax Digital
title=Frightening and appalling: Hayden
date=2007-07-21]

Freedom

Dropping of charge by Director of Public Prosecutions

On 27 July, all charges against Mohamed 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 July 14.

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. [cite web|url=http://www.smh.com.au/news/general/haneef-to-get-visa-back/2007/07/27/1185339230498.html|title=www.smh.com.au/news/general/haneef-to-get-visa-back/2007/07/27/1185339230498.html ] The Australian Labor Party has called for an external review of the handling of the Haneef case by the Office of the Commonwealth Director of Public Prosecutions.

Commonwealth Solictor General's review of visa cancellation

On July 27, 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.cite news
url=http://www.smh.com.au/news/general/haneef-to-get-visa-back/2007/07/27/1185339230498.html
title=Haneef released as charges dropped
work=SMH
Publisher=Fairfax Digital] cite news
url=http://www.smh.com.au/news/general/terrorism-charge-dropped/2007/07/27/1185339230498.html
author= Cosima Marriner
work=SMH
Publisher=Fairfax Digital
title=Terrorism charge dropped
date=2007-07-27]

On July 28, the Minister announced that the Solicitor General had completed his review of the Minister's decision and formed the conclusion that Dr 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.cite news
url=http://www.smh.com.au/news/national/haneef-to-leave-tonight/2007/07/28/1185339299138.html?page=fullpage#contentSwap1
Publisher=Fairfax Digital
title=Haneef to leave tonight
date=2007-07-28] [cite web|url=http://www.minister.immi.gov.au/media/media-releases/2007/ka07064.htm|title=www.minister.immi.gov.au/media/media-releases/2007/ka07064.htm ]

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. [cite web|url=http://www.smh.com.au/pdf/haneefpdf.pdf|title=www.smh.com.au/pdf/haneefpdf.pdf |format=PDF]

Evidence presented by the Minister of Immigration regarding grounds for reasonable suspicion

The primary evidence presented by Kevin Andrews in his press conference of July 31 was an opinion authored by the Commonwealth Solicitor-General. This opinion contains exactly five direct quotes from source material (translated from Urdu into English) and several paraphrases of source material. The material presented is not a direct transcription of the translated chat room conversation. The highly selective nature of the quotations and paraphrases has drawn considerable criticism from media commentators, politicians and the legal community. The Minister has also been criticised for failing to mention in his assessment any mention of source material that was supportive of Haneef's claims of innocence.

The relevant paragraph from the Solicitor-General's advice is quoted here in full:

Part of the material supplied to the Minister protected under a 503A referred to a chat room conversation between Haneef and his brother Shuaib in India on July 2. Obviously Shuaib was also a second cousin of the Ahmed brothers. In the conversation, Shuiab informed Haneef "that nothing has been found out about you" and asked when he would be getting out. Haneef replied "today". Shuaib asked whether he had permission from his hospital to leave and what he told the hospital to take leave. Haneef said that he had told them that his baby was born in an emergency caesarean. Shuaib said "tell them you have to as you have a daughter born, do not tell them anything else". Shuaib then told Haneef not to delay his departure and not to let anyone else use his number in Australia or give it to anyone. He added that "Aunty told that brother Kafeel used it; he is in some sort of project over there" and that "that disturbance (incident) which happened, it happened like this, Kafeel told that he will come and fix everything up". Shauib also said that there was no contact with Kafeel. The protected material concluded with the following paragraphs...

Challenge to release full record of second interview

Haneef's legal advisers have challenged the Government to release the full record of the second police interview since they believe the public is entitled to judge for themselves whether the explanations given by Haneef in relation to these conversations are worthy of suspicion. His legal advisers have also pointed out that the material referred to by the Minister was available to the magistrate when she made her bail decision on July 16 and to the Director of Public Prosecutions when he decided to drop charges on July 27. The Minister claims that these prior tests of the material are not relevant to his decision since, by the terms of the Act, he is not required to prove his suspicions beyond reasonable doubt. The Act also specifically exempts the Minister from the requirement to ensure his decisions comply with the principles of natural justice.

The Minister for Immigration has claimed that he is not entitled to release the record of interview since the information is controlled by the Australian Federal Police and the Commissioner of the Australian Federal Police has said that the police cannot do so either since investigations related to the material are ongoing. The Commissioner has pointed out that Haneef's legal team has had tapes of the interview since the time of the interview.

Partial response by Haneef to Minister's claims

Haneef is quoted, in an Indian 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.cite web|url=http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070021069|title=www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070021069 ] There is a report dated July 1 on the BBC website which refers to (contemporaneously) recent arrests in Liverpoolcite web|url=http://news.bbc.co.uk/2/hi/uk_news/scotland/6259032.stm|title=news.bbc.co.uk/2/hi/uk_news/scotland/6259032.stm ] however it is unknown if this is the report that Haneef was referring to. In this report, Haneef's cousin, Sabeel Ahmed was not mentioned by name but is reasonable to assume that Haneef and his brother would have been able to make that inference given it was known to them by that time that Sabeel Ahmed had been arrested.

Calls for a formal apology

The then premier of Queensland, Peter Beattie, on July 30, 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.

[cite web|url=http://www.worldnewsaustralia.com.au/region.php?id=138778&region=7|title=www.worldnewsaustralia.com.au/region.php?id=138778&region=7 ]

Clearing of Name

On Sunday, 30th August, 2008 The Sydney Morning Herald Reported that the Australian Federal Police have finally confirmed they have cleared Dr Haneef as a suspect in the terrorism attack on Glasgow airport.

"In a short statement released to the media yesterday afternoon, the AFP confirmed it had informed Dr Haneef's solicitor, Rod Hodgson, the federal Attorney-General, Robert McClelland, and the Home Affairs Minister, Bob Debus, that Dr Haneef was "no longer a person of interest"."

[cite news|work=The Sydney Morning Herald|publisher=Fairfax|title=Haneef cleared at last back|date=August 30, 2008]

Rod Hodgson, Dr Haneef's Lawyer said that Dr Haneef was "Extremely Happy" but made no indication if Dr 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.cite news
url=http://www.abc.net.au/news/stories/2007/07/28/1990912.htm
work=ABC Online News
Publisher=Australian Broadcasting Corporation
title=Haneef to fly home tonight
date=2007-07-28] The "60 Minutes" program broadcast an interview with him conducted before he left the country, on 29 July.cite news
url=http://www.smh.com.au/news/national/200000-to-tell-all-just-for-starters/2007/07/28/1185339327056.html
title=$200,000 to tell all, just for starters
work=SMH
Publisher=Fairfax Digital
date=2007-07-29]

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.cite news
url=http://abc.net.au/news/stories/2007/07/28/1990871.htm
title=Haneef wants to leave Australia
work=ABC Online News
Publisher=Australian Broadcasting Corporation
date=2007-07-28]

On July 28, the Immigration Minister stated:cite news
url=http://www.news.com.au/perthnow/story/0,21598,22150053-5005361,00.html
title=Haneef leaves Australia
work=Perth Now
Publisher=News Corporation
date=2007-07-28]

"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.cite news
url=http://abc.net.au/news/stories/2007/07/29/1991063.htm?section=australia
title=Haneef pressure mounts on Andrews
work=ABC Online News
publisher=Australian Broadcasting Corporation
date=2007-07-29]

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.cite web|url=http://www.worldnewsaustralia.com.au/region.php?id=138765&region=2|title=www.worldnewsaustralia.com.au/region.php?id=138765&region=2 ] Haneef has not returned to this job, choosing to pursue a career in Dubai. [cite web|url=http://timesofindia.indiatimes.com/India/Haneef_takes_up_career_in_Dubai/articleshow/3423958.cms|title=Haneef takes up 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. The matter was held before Justice Spender who on 20th August 2007 quashed Andrew's decision to cancel the visa. Spender ruled that the term "association" should not include mere social, family or professional relationships. Yet Spender J further stated (in the explanatory statement accompanying the Federal Court Judgment), "Nonetheless I am of the opinion that, had the Minister applied the right test, it would have been competent for the Minister to cancel Dr Haneef’s visa. This is because, in addition to the matters which the Solicitor-General identified as supporting the Minister’s view of the “association” of Dr Haneef with the Ahmed brothers, there was before the Minister....matters would have permitted the Minister to conclude that the association between Dr Haneef and the Ahmed brothers went beyond a purely familial, social, “innocent” relationship. On that material, it would have been open to the Minister, applying the proper construction of s 501(6)(b) "Migration Act 1958" (Cth), to cancel Dr Haneef’s visa."Fact|date=February 2008

The government appealed the decision, but the appeal was dismissed. [cite news|first=Christine|last=Kellett|url=http://www.smh.com.au/news/national/haneef-gets-visa-back/2007/12/21/1198175297213.html|work=The Sydney Morning Herald|publisher=Fairfax|title=Haneef gets visa back|date=December 21, 2007] After the verdict Haneef's visa was returned to him and the Gold Coast Medical Association and the Queensland Premier announced that Haneef is eligible to re-register with the medical board to practise in Queensland. The Australian Federal Police continue to investigate Haneef but will not disclose why.

Evidence of John Howard's involvement

During the 2008 inquiry into the Haneef affair, documents have revealed that the Department of former Prime Minister John Howard 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's Department may mean that John Howard colluded with Immigration Minister Kevin Andrews to politicise the issue [ [http://www.theage.com.au/national/papers-link-howards-department-to-haneef-20080617-2s97.html Papers link Howard's department to Haneef | theage.com.au ] ] . John Howard has maintained that he had no involvement with the handling of the Haneef case.

The Clarke Inquiry

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) [ [http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/Transcripts_2008_13March2008-ClarkeInquiryintotheHaneefCase 13 March 2008 - Clarke Inquiry into the Haneef Case ] ] .

Though the Attorney-General has labeled the Clarke Inquiry has a "judicial inquiry" [see Press Release 13 March 2008] , Dr Haneef's Lawyer, Stephen Keim has called in the Clake Inquiry a "virtual inquiry". The President of the Australian Coucil of Civil Liberties, Terry O'Gorman has called the Clarke Inquiry a "Mickey Mouse inquiry".

See also

* 2007 UK terrorist incidents
** 2007 Glasgow International Airport attack

References

External links

* [http://www.satp.org/satporgtp/kpsgill/governance/07july21Pio.htm Do Not Prejudge Haneef - K P S Gill]
* [http://indiatoday.digitaltoday.in/index.php?option=com_content&task=view&id=2741&issueid=32&Itemid=1 Australian Federal Court upholds Haneef visa decision]
* [http://www.smh.com.au/pdf/haneef_documents.pdf Department of Immigration and Citizenship documents on the cancellation of Haneef's Australian visa] ("The Sydney Morning Herald")
* [http://www.hindu.com/nic/0058/haneef.htm Transcript of first Australian Police Interview]
* [http://gp.mercuryconnect.com.au/rb/transcript.pdf Transcript of second Australian Police Interview]
* [http://www.twocircles.net/campaign_dr_mohamed_haneef.html campaign for Dr. Haneef]
* [http://www.drhaneef.com drhaneef.com]
* [http://freehaneef.blogspot.com Free Haneef - Justice for Dr Haneef]
* [http://mhfriends.wordpress.com Friends of Dr Haneef. Site for supporters of Dr Haneef]
* [mailto:[e-mail]?subject=subscribe Friends and supporters of Dr Haneef - mailing list]
* [http://www.thepetitionsite.com/2/senate-inquiry-for-the-dr-haneef-case Sign a petition calling for a Senate Inquiry into the Dr Haneef case]
* [http://fairgo4haneef.com News articles, videos and audio recordings on the Haneef case as well as what you can do to help]
* [http://www.andrewsmustresign.com/ Campaign for the resignation of Kevin Andrews, MP]
* [http://www.abc.net.au/4corners/special_eds/20071001/haneef/default.htm Four Corners - The Trials of Dr. Haneef (ABC Television)]
* [http://www.youtube.com/watch?v=d2HPP-KfiGs An interview with Stephen Keim SC - The Clarke Inquiry Pt 1]
* [thehaneefcaseinquiry.gov.au The Clarke Inquiry website]