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BRISBANE - The Commonwealth Director of Public Prosecutions (DPP) has dropped the terror charge against Indian doctor Mohamed Haneef.
Commonwealth prosecutors withdrew the charge of supporting a terrorist organisation in Brisbane Magistrates Court this afternoon, following a review of the case by DPP Damian Bugg.
Alan MacSporran, SC, acting on behalf of the DPP, told Magistrate Wendy Cull that the Commonwealth DPP review of the charge revealed two errors.
"As a result of this review the director has decided that there is no reasonable prospect of a conviction in this case," Mr MacSporran told the court.
Mr MacSporran said the Australian authorities' first error related to the location of the SIM card which was first claimed to be found in a burning jeep used in the Glasgow terror attack.
It was later revealed that the SIM card was in possession of Haneef's cousin in Liverpool, more than 300km away.
The second error related to claims that Gold Coast-based doctor had lived with his cousins Sabeel and Kafeel Ahmed in the UK before arriving in Australia.
Kafeel Ahmed was allegedly driving the jeep in the Glasgow terror attack while Sabeel Ahmed has been charged with withholding information relating to a terrorist act.
He then asked the magistrate to dismiss the charge against Haneef.
Haneef's barrister Stephen Keim did not object to the request.
Magistrate Cull then dismissed the charge.
Haneef's solicitor Peter Russo earlier said if the charge was dropped he would fight any move from Immigration Minister Kevin Andrews to have Haneef deported.
Mr Andrews cancelled Haneef's visa on July 16, just hours after a Brisbane magistrate granted him bail.
Mr Andrews today said he would stand by the decision.
Mr Russo has lodged an appeal against the decision to cancel the visa in the Brisbane Federal Court and is adamant the August 8 hearing will go ahead regardless of whether Mr Bugg decides to drop the charge.
"We've got a hearing date on the eighth so I hope his (Mr Andrews') affidavit is ready," he said.
"If the charges are dropped the visa should be reinstated."
He believed Haneef would ultimately want to continue his training to become a physician in Australia.
However, Mr Russo said Haneef would want to return to India to spend some time with family before returning to Australia.
However, he said deportation would have further reaching consequences for his client because it would inhibit his ability to work in other countries.
"It would have limitations on where he could go when he went to apply for visas in other countries, he'd have to reveal the fact he'd been deported."
- AAP
