The Government is bracing for Algerian refugee Ahmed Zaoui's release when the Supreme Court considers his bail application on Thursday.
In a tacit acceptance that it may lose, Government officials are understood to be considering what bail conditions might be requested.
Mr Zaoui has been imprisoned without charge for two
years after arriving from Malaysia without a valid passport and claiming refugee status. He was jailed on the basis of a still-secret security risk certificate issued by the Security Intelligence Service.
The Herald understands the Crown has no new information to put to the hearing in opposition to bail.
However, Prime Minister Helen Clark refused to confirm yesterday whether the Crown would argue for Mr Zaoui to remain in custody, saying she was not prepared to foreshadow what would be said in court.
Mr Zaoui's lawyer, Deborah Manning, refused to say if she had been told whether the Crown would oppose bail at the hearing.
If released, options to accommodate him include the Mangere Refugee and Resettlement Centre and his supporters' favoured venue, the Dominican Friary in Newton.
The chances of Mr Zaoui being granted bail while the legal process around his status dragged on improved markedly on November 25 when the Supreme Court rejected Crown arguments that he should remain in jail until a review of the certificate was completed.
The five Supreme Court judges said a bail hearing should take place in the High Court, but, in an unusual step, ruled that they would hold the hearing themselves to stop further "oppressive" delays.
Assuming the judges do not reserve their decision on Thursday, granting bail does not necessarily mean Mr Zaoui will be released right away.
If bailed to the Mangere centre, it could take a few days to prepare for his release. If released to live at the Friary he would probably be out of jail on Thursday night.
Ms Manning said his supporters considered it was in Mr Zaoui's best interests, given his fragile state, that he be sent to the Friary.
Helen Clark would not be drawn at yesterday's post-Cabinet press conference on whether she was comfortable with Mr Zaoui being released. "The Supreme Court will decide the matter."
Asked if she was embarrassed the issue had run for so long, she said: "No, because various legal processes have been running and they have been exercised to the full."
