Zaoui out of prison on bail

Ahmed Zaoui coming out of the gates of Mt Eden Remand Prison. Picture / Amos Chapple

UPDATE - Algerian asylum seeker Ahmed Zaoui has left Auckland Remand Centre after the Supreme Court in Wellington today granted him bail.

He left in a car from the prison destined for the Dominican Friary in Newton, Auckland.

There were earlier jubilant scenes in court at the news that Mr Zaoui would be released on bail.

Chief Justice Dame Sian Elias delivered the court's judgment this afternoon, allowing Mr Zaoui's appeal and granting him bail.

Bail conditions are that Mr Zaoui reside at the Dominican Friary and be present there between 10pm and 6am.

He must also report to Auckland Central Police Station between 10am and 4pm on Tuesdays and Fridays.

Supporters inside and outside the court -- many wearing T-shirts calling for Mr Zaoui's freedom -- cheered at every mention of bail and reacted jubilantly after the court's decision.

Mr Zaoui was not present in court, but was phoned by lawyers Deborah Manning and Rodney Harrison QC immediately after the decision was given.

Ms Manning gave Mr Zaoui the news that he had been granted bail and would be going to the friary tonight.

She said she would be on a plane to Auckland soon and would get him from the prison in a few hours.

She told him she had his shirt -- which she had picked up from him at the prison and handwashed, ready for today.

Ms Manning said she thought it took a while for the news to sink in with Mr Zaoui but he asked her to thank all his supporters.

Giving the court's decision Justice Elias said the question for the court was whether it was more appropriate to grant bail or to vary Mr Zaoui's warrant of commitment to enable transfer to the Mangere Refugee Detention Centre.

The Crown no longer opposed a transfer, but did oppose bail.

Justice Elias said bail was the preferable outcome as Mr Zaoui had already been in custody two years and transfer to the Mangere Centre would be a continuation of detention.

The court initially ruled that Mr Zaoui could not be released until undertakings were filed at the Auckland High Court -- Mr Zaoui undertaking to comply with his bail conditions and the Dominican Friar, Father Peter Murnane undertaking to notify police if he becomes aware of any breach of bail by Mr Zaoui.

But Mr Zaoui's lawyer Rodney Harrison QC asked that bail be effective immediately, with the undertakings to be filed by 5pm next Wednesday.

This was not opposed by the Crown and was agreed to by the court, meaning Mr Zaoui could be released immediately.

Bail will apply until the Inspector-General of Intelligence and Security makes his decision on Mr Zaoui's risk status.

Justice Elias said this review was expected to take a further six to 12 months.

The court said the security risk certificate was directed to risks to national security if Mr Zaoui was allowed to settle in New Zealand, rather than risks that might be posed by his presence in the community while the risks were assessed.


Ms Manning said the decision had been a "very long time coming".

"Two years has been a very long time for Mr Zaoui and he has suffered immensely, and although this is a success he still has a very long way to go," she said.

"He obviously still is not safe. He is a refugee needing protection as are his family who are in hiding.

"So yes it's a step in the right direction but the case is far from over."

There was still a lot of work to be done to secure Mr Zaoui's future, she said.

His family, somewhere in South East Asia, were still waiting to be reunited with their husband and father, she said.

Mr Harrison was also excited by the decision.

"It has been a major fight on both a legal and human level and we've won on both levels so it's pretty exciting.

"We'll get to see (Mr Zaoui) just as soon as we can get up to Auckland with the piece of paper that will free him and I dare say we'll have a few tears to shed as well."

Mr Harrison said Mr Zaoui had spent two years in prison in effect because of past convictions for which he was not imprisoned at the time.

"If he'd arrived here and robbed a bank he probably would have been out by now. If the countries who said he had committed crimes in those countries weren't prepared to jail him, why has he spent two years in prison in New Zealand on the other side of the world?

"In that sense in the broader picture I think this decision is significant because it does tell us something about the overall path that has been followed in respect of him," Mr Harrison said.

"The Court has reaffirmed some very longstanding important legal principles."

Ms Manning said what was also significant about the decision was that the Crown was invited to put forward information to justify Mr Zaoui's remaining in prison, but did not come up with anything that had not already been considered by the Refugee Status Appeals Authority.

Ms Manning said Mr Zaoui had had a very hard time, was in a fragile condition and asked that he be given space and time when he left prison.

A press conference would be held tomorrow morning.


- NZPA