Judges loath to take up SIS position

Not one volunteer has stepped up to fill the vacant position of Inspector-General of Intelligence and Security, says Prime Minister Helen Clark.

Justice Laurie Greig resigned from the post after the High Court ruled he had shown apparent bias in his review of the security risk certificate issued by the Security Intelligence Service against Ahmed Zaoui.

The security risk certificate is one of the factors preventing the Algerian gaining refugee status in New Zealand.

Helen Clark said there were no volunteers for a job that must by law be filled by a retired judge.

"No one put their hand up. No one phoned up saying this is a career opportunity not to be missed. But we will shoulder-tap someone and I imagine whoever does it will do it with a sense of public duty because they have been asked, but also with a sense of reluctance."

A short list of candidates was being drawn up.

"There isn't a long queue of hopeful applicants. However, various names are there for consideration because they fall into the category of having the status of being a High Court judge," she said.

A review of the location of the office and how it was serviced was also under way to ensure Justice Greig's successor was "properly resourced".

Helen Clark said she was not saying Justice Greig had not received proper assistance, but it was essential that any support was clearly independent of other agencies.

She wanted the position filled by the time the present legal actions being taken to the Court of Appeal were completed.

Justice Greig resigned from his post after fellow judges found the 74-year-old had been too close to the head of the SIS, Richard Woods.

Justice Greig's task in the Zaoui case was to independently review the security risk certificate issued on the basis of secret SIS information.

The Prime Minister said Justice Greig's successor would face similar pressure because of the controversy over anything to do with the SIS.

"There are always those who ferment the public's suspicion about the motives of the service, why they do what they do and inevitably an inspector-general ... is going to be in the line of fire from such people."

Justices Peter Salmon and Rhys Harrison disqualified Justice Greig from taking any further part in the Zaoui case, fearing it would be tainted by ongoing questions about his independence.

They expressed concern about his comments to the Listener in which he said: "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 gave the interview when his wife was seriously ill.

She died a short time after it took place.

- NZPA

Herald Feature: Ahmed Zaoui, parliamentarian in prison

Related information and links