| Submit your comments on this article |
| Down Under |
| Zaoui granted bail in New Zealand |
| 2004-12-09 |
| Asylum seeker Ahmed Zaoui was released from the Auckland Remand Centre this evening, after the Supreme Court granted him bail. Jubilant cheers erupted in the court this afternoon as Chief Justice Dame Sian Elias delivered the judgment, allowing Mr Zaoui's appeal. Bail conditions are that Mr Zaoui reside at the Dominican Friary in Newton, Auckland, 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 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. |
| Posted by:Dan Darling |