Zaoui's lawyers to quiz SIS watchdog

By CATHERINE MASTERS

Ahmed Zaoui has won his second significant High Court victory - the court has given his lawyers permission to interrogate Inspector-General of Intelligence and Security Justice Laurie Greig.

Justice Greig, who is appointed by the Governor-General as watchdog of the intelligence services, will have to provide written answers to questions over allegations of bias from Mr Zaoui's lawyers.

Justice Greig is reviewing the Security Risk Certificate issued against Mr Zaoui on the basis of classified SIS information, which is keeping the recognised refugee in prison without charge 15 months after his arrival in New Zealand.

A full judicial review seeking Justice Greig's removal from the Algerian politician's case is yet to be heard.

Mr Zaoui's lawyers called for Justice Greig's removal from the review of the certificate over comments he made to the Listener last year.

He said in the article that if it was up to him, Mr Zaoui would be "outski" on the next plane.

He made other comments about refugees, including: "We don't want lots of people coming in on false passports thrown down the loo on the plane, saying, 'I'm a refugee, keep me here'."

Justice Judith Potter yesterday granted Mr Zaoui's lawyers permission to interrogate Justice Greig. She also granted them discovery on documents generated by him relating to the "apparent bias" claim.

Mr Zaoui's lawyers maintain that some of the Listener article comments bear a striking similarity to the summary of the classified information released to Mr Zaoui bythe SIS director, Richard Woods, on order of the High Court last year.

They want to find out if Justice Greig had been briefed by Mr Woods before the Listener interview. If he was, they believe this will make the allegations of apparent bias even stronger because the Inspector-General is supposed to be independent in his review of the certificate.

In her decision, Justice Potter said the questions sought to establish facts such as whether, when and what reasoning the Inspector-General received from Mr Woods.

"They do not seek to establish what was the Inspector-General's actual state of mind, which is not relevant to the allegation of apparent bias."

She warned, however, the admissibility of any evidence arising from responses was for future determination.

Justice Potter also over-ruled a request by Justice Greig that the bias case bypass a hearing in the High Court and go straight to the Court of Appeal.

Mr Zaoui's lawyers had argued if the case was not heard first in the High Court this would remove Mr Zaoui's right to appeal it to the Court of Appeal.

Any appeal to the next and final court, the new Supreme Court, is granted by leave only.

Justice Potter said in her decision the removal of Mr Zaoui's right to appeal was "a persuasive factor" against removing the case to the Court of Appeal.

This is the second High Court victory for Mr Zaoui.

In December, Justice Hugh Williams ordered he was entitled to have a summary of the secret information the SIS claimed to have against him. That summary has since been given, but Mr Zaoui's lawyers have condemned it as inadequate.

Last night one of Mr Zaoui's lawyer's, Deborah Manning, said she was "really pleased" with the result.

Herald Feature: Ahmed Zaoui, parliamentarian in prison

Related information and links