Ombudsman unable to find any conspiracy to withhold 'lies' memo

3.00pm

Ombudsman Mel Smith today said he had been unable to find "sufficient reliable evidence" that officials conspired to deceive him over the existence of a memo suggesting a deliberate plan to lie about the arrival of suspected terrorist Ahmed Zaoui in 2002.

But he did not rule it out, releasing a damning finding which said the evidence of two Immigration Service officials was "unreliable".

Today's report criticised the two immigration officials over the department's refusal to supply the memo -- its author, media officer Ian Smith and an adviser identified only as "CD".

"In my opinion both Mr Smith and CD failed in different ways to display the professionalism and diligence required of public servants."

Briefing the media, he said the pair's evidence was unreliable and he "could not accept it".

"But I just reinforce that I did not have sufficient evidence to enable me to say that there was a conspiracy, a collusion or any connivance."

Mr Smith said he could not say if he was deliberately misled.

"I found their evidence unreliable, but I cannot say that they deliberately and overtly misled me."

The leaked memo by Ian Smith claimed there was a conspiracy within the department itself.

"I was let down badly. Everyone agreed to lie in unison, but all the others caved in and I was the only one left singing the original song," the memo said.

The memo was attached to a New Zealand Herald editorial criticising the way Mr Smith had handled the newspaper's inquiries about Mr Zaoui's detention and circulated to 300 staff.

But when it was sought under the Official Information Act, the department refused to supply it.

Ombudsman Smith said today he found no evidence that any Crown Minister was involved.

A review of the department's "management arrangements" was under way by its umbrella organisation, the Department of Labour, as a result of the scandal.

The department has been cleared of lying by a Labour Department report last year. Mr Smith would not comment on that report.

He emphasised that his report was into whether NZIS had failed to give him the memo -- not whether or not there had been a conspiracy to "lie in unison".

Today's findings follow a six-month investigation -- a delay Mr Smith said was caused by a backlog at his office and a need for a careful investigation.

- NZPA

Read Ombudsman Mel Smith's full report [PDF]

Herald Feature: Ahmed Zaoui, parliamentarian in prison

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