Lawyer speaks out about Haneef's plans

An Australian Federal Police (AFP) decision not to pursue the case against Dr Mohamed Haneef has only confirmed the need for the Clarke Inquiry to be upgraded to a royal commission, civil libertarians say.
Dr Haneef was officially declared by the AFP on Friday as "no longer a person of
interest" after more than 12 months of investigations.
He was arrested at Brisbane airport on July 2, 2007 because police had linked his
mobile phone SIM card to the botched terror attacks in London.
"The AFP's announcement highlights yet again the inadequacy of the current Haneef
Inquiry which is not a full blown properly constituted royal commission," Australian
Council for Civil Liberties President Terry O'Gorman told AAP.
"There's been a lingering suspicion which has firmed up... that the AFP, in
maintaining the investigation against Dr Haneef for the last 12 months has really
been engaged in a smoke-screen back protection exercise and there's been no reason
for Dr Haneef to be kept under investigation," he said.
A royal commission, if granted, should look at all aspects of the AFP's behaviour in
the Haneef matter, not just leading to his arrest, he said.
"What the inquiry should look at is how much money, what resources has the AFP used
in the last 12 months and has there been a legitimate line of inquiry it has been
following or has it simply been parroting that line as a back protection exercise?"
The council had been critical of the structure of the Clarke Inquiry since it was
first set up, Mr O'Gorman said.
"Quite inexplicably, the Rudd election campaign promised to set up an inquiry, it
turned out to be a mickey mouse inquiry because it's not conducted under the
provisions of the federal royal commissions act.
"It is not a royal commission, it is not sitting in public, it can't force the AFP
among other agencies to produce witnesses or produce documents, it can only ask them
to.
"It's been a joke from the start," he said.
A spokesman for Attorney-General Robert McClelland told AAP when Mr McClelland
announced the Clarke Inquiry would take place, it was "the most effective way" of
investigating the Haneef matter.
The spokesman said former NSW Court of Appeal judge John Clarke, QC, was also given
the option of asking the government for extended powers and if that request was made
Mr McClelland would consider it.
Dr Haneef's Brisbane-based lawyer Peter Russo has confirmed the doctor will pursue
compensation once the report into the inquiry is handed to the federal government by
September 30.