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Haneef close to freedom; terror charges dropped

Australian authorities dropped terrorism charges against an Indian-born doctor on Friday following a review of the case by the country's top prosecutor.

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MELBOURNE: Indian doctor Mohammed Haneef came close to freedom on Friday nearly four weeks after his arrest over the failed UK car bombings as Australian police dropped terror charges against him, a case which caused embarrassment to the Howard government.

Prosecutors withdrew the case against the 27-year-old Haneef, arrested on July 2 and later charged with "recklessly" supporting a terrorist group, at a Brisbane Magistrates' court hearing following a review.

Commonwealth Director of Public Prosecution Damian Bugg said he withdrew the charges because he was satisfied "there was no reasonable prospect of conviction."

"In the magistrate's court in Brisbane, proceedings against Dr Haneef were discontinued on my motion," Bugg told a joint press conference with Australian Federal Police (AFP) Commissioner Mick Keelty in Canberra.

"On my view of this matter a mistake has been made and I will examine that because to me the primary decision to make was to determine whether or not this prosecution was on sound footing or not, I've made that determination," he said. "I'll now take further steps to inquire as to how that mistake occurred."

Haneef, a Gold Coast hospital Registrar, was charged with supporting a terrorist group because he gave his mobile phone SIM card to a second cousin Sabeel Ahmed, an Indian doctor also held in Britain over last month's failed UK terror plot, in July last year.

A Brisbane court had ordered Haneef's release on bail last week but Immigration Minister Kevin Andrews kept him in prison by cancelling his visa on character grounds, based on information provided by federal police.

The Immigration Minister said that Haneef will be released from the immigration detention but he would have to stay in his Gold Coast home for the time being.

Speaking from Bali, Prime Minister John Howard, who is on a visit to Indonesia, distanced his government from the dramatic collapse of the terrorism case against Haneef.

Howard, whose government drew flak from human rights groups and lawyers' bodies for not properly handling the case, said it was up to Keelty and Bugg to explain what had happened.

"Bearing in mind that the detention of the man was undertaken by the police, and not at the request or direction or encouragement of the government, and the case was prepared and presented by the DPP, I think that the right thing now is for those two men to explain the process, and explain the reasons," he told reporters in Bali.

"Prime ministers don't conduct prosecutions, nor do attorneys-general - directors of public prosecutions do," he was quoted as saying by the media.

Keelty, however, said he would not revise his advice to Andrews based on which Haneef's visa was cancelled, saying "the grounds on which the AFP provided advice to the minister for immigration have not changed."

Asked whether the AFP would apologise, he said "the matter of apology to Dr Haneef is not a matter with AFP."

Bugg also refused to step down over the issue. "I don't think I have done anything wrong. I am confident as I said I had in place safeguards. I am still confident about those safeguards," he said.

"To resign when the task I have just performed is still open, is stupid. Do you think I have a view about this task or hide from the fact that someone was charged when I after examination of matters was satisfied there were no reasonable prospects of conviction."

"It's a turnaround in the design on the face of it rather than take a decision and not easy decision to make. I would rather stay around," Bugg said.

In a statement, Commissioner Keelty said the Australian Federal Police (AFP) acted upon advice from the Director of Public Prosecutions (DPP) when it charged Haneef on July 13 and now accepts the DPP's latest decision.

"The AFP acted on the advice of the DPP that there was sufficient evidence to charge Dr Haneef and now accepts the subsequent decision by the DPP to withdraw the charge," Keelty said.

"This remains an ongoing investigation. It is a complex and painstaking process and the AFP will continue to work with its UK colleagues to fully explore the evidence and establish the facts. Above all, we have a responsibility to ensure the safety and security of the Australian community."

The Commissioner said he had constantly emphasised the presumption of innocence needed to be maintained throughout this matter. "The AFP has acted professionally, thoroughly and lawfully throughout this investigation and my officers and staff have my full confidence and support."

Bugg, however, conceded that the decision to drop the charges was upsetting. "I'm not embarrassed about it, I'm disappointed," he was quoted as saying by the media here.

On whether he would apologise to Haneef, Bugg said "I'll consider that when I've completed my investigation."

But Keelty said "cases are brought before the courts on a number of occasions where matters do not proceed because of one reason or another."

"Advice and information is going to change in an investigation that is so broad," he said, adding tens of thousands of exhibits have been presented in the case thus far.

Keelty said while the charges against Haneef had been dropped, the matter did not end there.

"It's a very broad-ranging investigation," he said while defending the actions of his officers. "The team has at all times acted professionally."

"The police investigation has been thorough and it will continue to be thorough."
   
Asked if he would rule out further charges against Haneef, Keelty said "the investigation is continuing. We don't intend to scale down the investigation."

Bugg said it was not possible to release too many details about reasons for reaching the decision to drop the charges because investigations are still under way in the UK.

While he acknowledged that errors had been made, he said an assessment of the handling of the case should be made in context. "It's very easy for commentators to sit back and see chinks in a process that has been undertaken in very extreme conditions."
   
Bugg said given the difficulties inherent in investigating matters that took place on the other side of the world up to a year ago, criticism of the investigation was unfair.

He said time pressures were also a factor in the investigation. But he said he believed he retains the confidence of Attorney-General Philip Ruddock.

"He (Ruddock) understands from that explanation what has occurred. He knows that I have a job to do ... and I'd like to think he still has confidence in the job that I do," he said.

Haneef's case became a diplomatic issue with India summoning Australian envoy to New Delhi over it and Prime Minister Manmohan Singh asking Canberra to extend all facilities and rights to the Indian doctor under the law.

Haneef's legal team is now expected to concentrate on preventing his deportation.

Asked by a reporter if the case had been a fiasco, Keelty said "they are your words, not mine."

"The police investigation has been thorough, I make no apology for that, nor should I in a terrorism investigation" in this country. "We have done our job well in this instance, we have done our job professionally."

Keelty listed challenges in the investigation, such as the enormity of information that had to be considered and the time difference between the United Kingdom and Australia.

"The organisation and the investigation team in particular has worked to a deadline to achieve those ends, and at the same time meeting some of the obligations that we have at an international level to provide some answers back to the UK," he said.

"Our obligation is to protect the Australian community against any threat of a terrorist event and that is our job. Our job at the moment is to investigate with the UK authorities an attempted terrorist attack within the UK."
  
"Whatever avenues of inquiry that opens up in Australia, we will investigate," Keelty said but did not say if he wanted Haneef to remain in the country while the AFP investigation continued.
  
"It's a matter for the immigration minister and it's a matter for the attorney-general as to what steps are taken as to whether Haneef remains in the country or whether he leaves," he said. "It is also the question of what Haneef wants to do."

But, Keelty said Haneef's arrest and charge could have been avoided had the doctor not tried to return to India.

"The steps that we've taken right from day one in terms of detention were initiated as a result of Haneef attempting to leave the country" on a one-way ticket on July 2, Keelty said.

"Had that not occurred, other steps might have followed that would have been quite different."

Keelty refused to say whether Andrews had more information from the DPP about Haneef.

"It's a different standard of test, what the immigration minister applies and what the DPP would apply in terms of a prosecution beyond reasonable doubt before a court," he said.

Haneef's solicitor Peter Russo said he expects to receive material from the Immigration Department on Monday on whether the Government is to proceed with the deportation of the Indian doctor.

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