Justice Greig removed from Zaoui case

5.45pm

Security watchdog Laurie Greig has been disqualified from the Ahmed Zaoui case following a judicial review in the High Court at Auckland.

Justice Greig, the Inspector-General of Intelligence and Security, was reviewing the Security Risk Certificate issued against Mr Zaoui, an Algerian refugee who arrived in New Zealand on a false passport in December 2002.

But Mr Zaoui's lawyers sought the judicial review to have him removed from the case on the basis he was biased -- with comments made by Justice Greig to Listener journalist Gordon Campbell last year at the heart of the claim.

High Court judges Justice Harrison and Justice Salmon said in their ruling, released today, that Justice Greig "should not participate further in this review".

"... we declare that the Inspector-General is disqualified from further engaging or participating in the conduct of Mr Zaoui's application to review the security risk certificate issued by the Director (of Security, Richard Woods) on 20 March, 2003."

The judges said Justice Greig's interview statements about refugees and his subsequent dealings with Mr Woods and the media together raised the "real possibility of apparent bias" against Mr Zaoui when undertaking his review.

Concerns were that Justice Greig would display undue disfavour or partiality against Mr Zaoui and of undue favour or partiality towards the director.

The judges agreed with Mr Zaoui's counsel, Rodney Harrison QC, that the process required the highest standards of impartiality, given Mr Zaoui's complete reliance on Justice Greig's performance of his functions and the consequences for him of an adverse decision.

"It is also imperative that a process of this importance, both to Mr Zaoui and to our wider security interests, is not tainted by tenable, ongoing questions about the Inspector-General's independence," the ruling said.

"These factors lead us to conclude that the Inspector-General should stand aside from the review process and that, because he is technically 'not available', the Governor-General should appoint someone else to act in his place for the duration."

During his interview with the Listener, Justice Greig said if it was up to him Mr Zaoui would be "outski on the next plane".

He also said, after qualifying with "I'm not talking as the Inspector-General, I'm talking just personally as a New Zealander," that: "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."

The judges emphasised in their ruling that there was no suggestion of actual bias against Justice Greig and that they had come to their conclusion of apparent bias with great reluctance.

"While a decision-maker's personal or particular characteristics are not relevant to the substantive question of apparent bias, it is appropriate for us to acknowledge the Inspector-General's judicial qualities," they said.

"As a judge of this court, he enjoyed a reputation for absolute integrity, independence and fairness, both among his colleagues and within the profession.

"Nevertheless, public confidence in the proper administration of justice makes such considerations irrelevant."

Mr Zaoui's lawyers have two weeks to make submissions on costs.

A spokeswoman for Justice Greig said he had no comment.

- NZPA

Herald Feature: Ahmed Zaoui, parliamentarian in prison

Related information and links