ASIO seeks to keep charges secret
Spy agency win in asylum-seeker case
November 28, 2006
THE national spy agency has been granted leave to appeal a court decision allowing a US peace activist and two Iraqi asylum-seekers access to security assessment documents.
A Federal Court judge earlier this month granted the lawyers for Scott Parkin access to the contents of an adverse security assessment by ASIO on Mr Parkin that resulted in his being deported from Melbourne in September last year.
Mr Parkin and two Iraqi asylum-seekers, who are also considered security risks, successfully applied for the documents at the Federal Court in Melbourne, after the Government refused to reveal the reasons for its adverse security assessments.
Lawyers for ASIO director-general Paul O'Sullivan and the three men appeared before the same court again yesterday.
Charles Gunst, for Mr O'Sullivan, told the court its judgment in this case could cause irreparable harm to national security.
However, the barrister representing the three men, Laurence Maher, said the judge's previous decision was correct and this was an exceptional case.
Judge Peter Heerey yesterday granted leave to appeal, saying the balance between the normal litigation process and the interests of national security raised issues of great importance.
The men's lawyer, Anne Gooley of Maurice Blackburn and Cashman, expressed her disappointment following the decision and accused ASIO of intentionally delaying the legal process.
She said her clients deserved to know what they had been accused of.
"All they want is an opportunity to know what they're accused of, which is a right we all expect in Australia," said Ms Gooley.
The health of the two Iraqi asylum-seekers - one in psychiatric care and the other "rotting on Nauru" - was deteriorating as ASIO further delayed their court case, their lawyer said.
"What is happening here is ASIO is now delaying the process, this matter won't be determined until next year," Ms Gooley said.
"In the meantime, my client is in a psychiatric institution not knowing what's going to happen to him ... the other one is on Nauru rotting."
A hearing before the Federal Court is expected to begin sometime next year.
AAP, Richard Kerbaj
To read the original article from The Australian, click on:
The Australian
November 28, 2006
THE national spy agency has been granted leave to appeal a court decision allowing a US peace activist and two Iraqi asylum-seekers access to security assessment documents.
A Federal Court judge earlier this month granted the lawyers for Scott Parkin access to the contents of an adverse security assessment by ASIO on Mr Parkin that resulted in his being deported from Melbourne in September last year.
Mr Parkin and two Iraqi asylum-seekers, who are also considered security risks, successfully applied for the documents at the Federal Court in Melbourne, after the Government refused to reveal the reasons for its adverse security assessments.
Lawyers for ASIO director-general Paul O'Sullivan and the three men appeared before the same court again yesterday.
Charles Gunst, for Mr O'Sullivan, told the court its judgment in this case could cause irreparable harm to national security.
However, the barrister representing the three men, Laurence Maher, said the judge's previous decision was correct and this was an exceptional case.
Judge Peter Heerey yesterday granted leave to appeal, saying the balance between the normal litigation process and the interests of national security raised issues of great importance.
The men's lawyer, Anne Gooley of Maurice Blackburn and Cashman, expressed her disappointment following the decision and accused ASIO of intentionally delaying the legal process.
She said her clients deserved to know what they had been accused of.
"All they want is an opportunity to know what they're accused of, which is a right we all expect in Australia," said Ms Gooley.
The health of the two Iraqi asylum-seekers - one in psychiatric care and the other "rotting on Nauru" - was deteriorating as ASIO further delayed their court case, their lawyer said.
"What is happening here is ASIO is now delaying the process, this matter won't be determined until next year," Ms Gooley said.
"In the meantime, my client is in a psychiatric institution not knowing what's going to happen to him ... the other one is on Nauru rotting."
A hearing before the Federal Court is expected to begin sometime next year.
AAP, Richard Kerbaj
To read the original article from The Australian, click on:
The Australian
posted by Pax Christi @ Tuesday, November 28, 2006
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