'Bias' ruling bowls SIS watchdog in Zaoui case

By CATHERINE MASTERS and HELEN TUNNAH

A series of phone calls between the SIS Inspector-General, Laurie Greig, its director Richard Woods and a prime ministerial press secretary contributed to Justice Greig's downfall yesterday.

The Government-appointed watchdog on the SIS resigned his post when two fellow judges found "apparent bias" in his comments on the case of Algerian refugee Ahmed Zaoui.

The judges expressed concern that the 75-year-old Inspector-General of Intelligence and Security appeared to have become too close to Mr Woods.

They noted in particular a series of phone calls about a missing hour in a taped interview with Mr Zaoui. The judges said an impression of closeness to the SIS director was compounded by Justice Greig's agreement with the Prime Minister's media adviser to speak with selected newspapers.

The conduct had called into question his independence

In the joint decision, Justices Peter Salmon and Rhys Harrison ruled in the High Court at Auckland that the Inspector-General should stand aside from the Zaoui case.

Justice Greig immediately went to Government House in Wellington to hand in his resignation.

Prime Minister Helen Clark, also the Minister in Charge of the SIS, last night said she would appoint a replacement as soon as possible.

A list of retired High Court judges who might be suitable for the role was being drawn up.

Helen Clark had previously endorsed Justice Greig, saying she had confidence in his ability to do the job despite his comments in a Listener article about refugees.

She said they did not amount to the level of misconduct that required his sacking.

Last night, she refused interviews but said through a spokesman that the judgment showed New Zealand had a robust legal process.

If a new Inspector-General was appointed quickly, Helen Clark said, it need not delay the review of the security risk certificate issued against Mr Zaoui on secret SIS information.

The judges' criticism of Justice Greig's contact with Mr Woods appears to be a blow to the credibility of the Inspector-General's position, set up in 1996 to "provide independent oversight and scrutiny of the service's activities". The appointee must be a former High Court judge.

Justice Greig has been the only Inspector-General of the SIS, twice having his term extended.

In the Listener interview, he implied that if it was up to him Mr Zaoui would be "outski" on the next plane, but that comment was discounted by the judges.

They found another passage much more concerning. In it, Justice Greig volunteered the view: "We don't want lots of people coming in on false passports that they've thrown down the loo on the plane and saying, 'I'm a refugee, keep me here'.

"And perhaps having some association elsewhere."

Justice Greig knew Mr Zaoui had entered New Zealand on a false passport, had tried to damage or destroy it and had claimed refugee status, they said.

Justice Greig had also been aware from reading the SIS file in last April and October that Mr Woods believed Mr Zaoui to have had "some [terrorist] association elsewhere".

The High Court judges called into question Mr Greig's conduct last December 9 regarding the missing hour of a seven-hour interview held with Mr Zaoui soon after he arrived in 2002.

Justice Greig's lawyers had released a document from the Inspector-General the day before the bias hearing which outlines a sequence of telephone calls between Justice Greig, a TVNZ reporter, Mr Woods and David Lewis, a media adviser for the Prime Minister.

The calls, which revolved around whether Justice Greig had known about the tape, were characterised by Mr Zaoui's lawyers as "springing to the director's defence".

"The existence and nature of these communications aggravate our concern about an appearance of bias but for a different reason," the judges said.

An impression of closeness to the director, with a converse lack of independence, was compounded by Justice Greig's agreement with the Prime Minister's media adviser to speak with selected newspapers.

Justice Greig's conduct had called into question his independence from Mr Woods and raised a real possibility that he viewed the director's case with undue favour, the judges said.

The finding brought fresh calls for the release of Mr Zaoui from prison. He has been incarcerated for 16 months without charge and his mental health is said to be deteriorating.

Lawyer Deborah Manning said Mr Zaoui now faced significant delays while a new Inspector-General was found.

The Human Rights Foundation has called for Mr Zaoui's immediate release.

"He has now been in custody for nearly 16 months without one shred of proof yet offered that he is any sort of security risk," said executive director Peter Hosking.

The possibility of 'apparent bias'

Words retired judge Laurie Greig wrote on December 9 last year appeared to sink his prospects of continuing to monitor the SIS.

Mr Greig noted that "ERW" - SIS head Richard Woods - called about 6.30 about a television report on a videotape of an interview with Ahmed Zaoui.

The note says: "Concern that TV said I had not been told about tape and so inference that SIS had concealed it from me."

The note also records: "Reported back to ERW. Later spoke to (Prime Minister's press officer) David Lewis confirming foregoing and agreed with him that advice to select newspapers enough."

Herald Feature: Ahmed Zaoui, parliamentarian in prison

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