Call to get judge off Zaoui case

By RUTH BERRY and BRIDGET CARTER

Green MP Keith Locke says the Inspector-General of Intelligence and Security, Justice Laurie Greig, should be taken off the Ahmed Zaoui case after "horrifying" statements indicating a lack of basic understanding of asylum-seekers.

Mr Locke joins legal experts who believe the comments, published in this week's Listener, appear to suggest that Justice Greig has already decided, before finishing his review of the case, that Mr Zaoui should be deported

The MP believes the comments also suggest Justice Greig is most interested in cosying up to overseas intelligence networks.

Immigration Minister Lianne Dalziel refused yesterday to speak about the Greig comments, saying it would be inappropriate because a court challenge to his handling of the case is imminent.

Prime Minister Helen Clark said the issues would be canvassed in the December 1 court case, which would be held in public.

But sources say Justice Greig's comments, which he has since admitted he probably should not have made, have raised eyebrows within the Government and are not considered "helpful".

Justice Greig is reviewing classified Security Intelligence Service information which led to the issuing of a national security risk certificate against Mr Zaoui. The retired High Court judge will report to Ms Dalziel.

Mr Zaoui's lawyers are challenging the ruling that the review will not take human rights into consideration and that SIS allegations levelled against the prisoner will stay secret.

In the Listener report, Justice Greig says Ms Dalziel is not bound by his report. "I don't bind her to say 'out'. Because she's got three days to decide [after the report is delivered]. If that wasn't the case, then she wouldn't have a decision. I'd be making my decision and it would be 'outski' on the next plane."

Justice Greig, who refused to comment yesterday, defended the statement in the Sunday Star-Times, saying he had not made a decision on Mr Zaoui and was talking about what would happen if he did and if the final decision were his.

Further inflaming Zaoui supporters was a comment he made about refugees, speaking "as a New Zealander".

"We don't want lots of people coming in on false passports [that they've] thrown down the loo on the plane".

Mr Locke said that was "horrifying" and indicated Justice Greig was unaware of the 1951 United Nations Refugee Convention. That and subsequent UN committee findings made it clear that refugees could not be prejudiced for seeking asylum with false documentation, as they would never be provided proper documents with when fleeing repressive regimes.

Mr Locke also had concerns about scenarios Justice Greig raised in which supposed national security interest overrode judicial review rights.

Justice Greig had "compromised his position as Inspector-General and his ability to determine this case. He should be taken off it".

But National's immigration spokesman, Wayne Mapp, disagrees.

He said Justice Greig's wife died last week and "he was obviously under huge personal strain".

"He has a very long track record of being a man of judgment."

Dr Mapp said Justice Greig wished he had not made the comments, but they did not disqualify him from the review or suggest that he had prejudged the case.