Decision brings tears to Zaoui's eyes

An emotional Ahmed Zaoui did not walk free yesterday but wiped tears from his eyes at a court decision's implication that he might soon be granted bail.

After almost two years in custody without charge, the Supreme Court decision paves the way for his possible release from the Auckland Central Remand Prison.

The ruling was greeted as a victory for the Algerian who arrived in New Zealand as an asylum-seeker, was granted refugee status but has been kept imprisoned because of a security risk certificate the Security Intelligence Service issued against him on the basis of secret information.

At the bail hearing, Mr Zaoui's lawyers will argue vigorously for him to be released either to the Refugee Resettlement Centre at Mangere or, preferably, into the care of Dominican monks in Auckland.

The Supreme Court has said the Crown could present additional material to the court regarding the bail hearing.

But Mr Zaoui's lawyer, Deborah Manning, said it had consistently refused to do so since March.

She said her client, who has not been in the sun for two years, was visibly emotional when she told him of the court's decision.

"Yeah, he was teary. It was overwhelming news for him. He'd not been expecting the decision today."

A small crowd had gathered outside the remand prison before the decision was released, hoping to see Mr Zaoui walking out.

Although disappointed that he did not emerge, many greeted the decision as a breakthrough.

Father Peter Murnane, a Dominican friar, says a room at the Newton friary is ready for Mr Zaoui should he be released into the monks' care.

It was basic, he said, with a desk, bed and possibly a telephone if bail conditions allowed it. No crucifix would be present in order to be sensitive to Mr Zaoui's Muslim religion.

Green list MP Keith Locke said he was confident Mr Zaoui would be granted bail because he was a "fine person".

"I'm sure that once he's out in our community people will see he is not the Islamic extremist he's been painted. He is a leading Democrat who would do great credit to our society when he takes up a position in our university."

But National Party immigration spokesman Tony Ryall was far from happy about the decision.

"We are now facing the extraordinary situation where someone who may pose a serious threat to national security could be roaming the streets within weeks."