Greig refuses to remove himself from Zaoui case

By CATHERINE MASTERS


Laurie Greig is refusing to take himself "outski" of the Ahmed Zaoui case.

The Inspector-General of Intelligence and Security says he will continue with his review of a Security Risk Certificate issued against Mr Zaoui, despite a call by the Algerian's lawyers that he step aside following controversial comments in an interview he gave to the Listener late last year.

Mr Zaoui's lawyers believe the comments show the Inspector-General is biased against their client.

One of the most controversial was that if it was up to him Mr Zaoui would be "outski" on the next plane.

Justice Greig's role in reviewing the certificate to see if it was properly issued is a crucial element in whether Mr Zaoui will be allowed to stay in New Zealand.

But the retired 74-year-old judge rejects the submission that his comments could indicate any partiality or predetermination.

"The fact that my choice of the word 'outski' has been given prominence in later publicity is no evidence of partiality on my part."

He said he had made it clear Mr Zaoui's position as a refugee was recognised and that as such he was entitled to the protection of that status under the Immigration Act.

Other remarks, such as one saying, "we don't want lots of people coming in on false passports thrown down the loo on the plane and saying, 'I'm a refugee, keep me here", were general.

"I do not think that a general remark, though applicable to the applicant, indicates in the circumstances of this case impartiality or predetermination of his review.

"Again, the accepted refugee status of this man puts him outside the generality of my remarks."

Mr Zaoui's lawyers will this week file a challenge in the High Court to have Justice Greig stood aside. It will be the second High Court challenge relating to the Inspector-General.

The lawyers hope the challenge will be heard urgently, given that Mr Zaoui has now spent more than 13 months in jail.

One of the lawyers, Deborah Manning, said they were aware the court case would further delay the Security Risk Certificate review, which began in March, but they had no choice.

"The issue of bias is it's not just actual bias, it's the appearance of bias, it's about having confidence in a public institution and the judiciary," Ms Manning said.

It had not been delaying tactics calling for the first judicial review in the High Court because Mr Zaoui was vindicated, she said.

Last month, Auckland High Court judge Justice Hugh Williams said Mr Zaoui was entitled to a summary of the secret information the Security Intelligence Service (SIS) claims to have on the former Algerian politician - which is the basis for the Security Risk Certificate - and also ruled that his human rights should be taken into account.

Justice Greig had earlier upheld an SIS decision not to reveal the secret information against Mr Zaoui, which is the reason Mr Zaoui remains in prison without charge even though he has won refugee status.

Justice Greig had also earlier said it was not his role in reviewing the certificate to take Mr Zaoui's human rights into consideration.

Laurie Greig's role

* The Inspector-General of Intelligence and Security, Justice Laurie Greig, will determine if the Security Risk Certificate was "properly issued" against Zaoui. If he finds it was, Immigration Minister Lianne Dalziel has three days to decide whether to rely finally on the certificate.

* Mr Zaoui can appeal to the Court of Appeal only on a point of law within three days.

* The certificate overrides the Refugee Status Appeals Authority.

* If Ms Dalziel does rely on the Security Risk Certificate, Mr Zaoui will be deported.