"Why do they hate us?" Let me count the ways...

Dr Mohamed Haneef

The Howard government's reaction to a magistrate's decision to grant bail to SIM card-lending suspect Mohamed Haneef shows that his detention and charge are entirely politically-based, not a matter of criminality, public safety or justice.

I don't need to spell out just how fucked up the Howard government's actions are in this case. Their actions speak for themselves. The ridiculous, desperate charge of 'recklessly' giving his SIM card to his cousin who a year later became an alleged wannabe terrorist demeans our justice system. The Howard government's actions override our justice system altogether. I saw Kevin Andrews on the 7.30 Report tonight spluttering about how taking away Dr Haneef's passport and locking him up in Villawood after deciding he failed a 'character test' did not in any way impinge upon Dr Haneef's right to presumption of innocence. Bullshit. The Howard government has been shitting all over Haneef's right to presumption of innocence from the minute he was detained.

The 'character test' is clearly a political tool.

The Howard government are clearly a bunch of political tools.

"I reasonably suspect that he has or has had an association with persons engaged in criminal activity, criminal conduct, namely terrorism in the UK," Immigration Minister Kevin Andrews said at a news conference in Canberra.

Stephen Estcourt, president of the Australian Bar Association, could not believe the minister's action.

"He can't do that," said Mr Estcourt, who spent four years ruling on immigration detention cases on the Administrative Appeals Tribunal.

He said the minister was "usurping the role of the court" to take action now.

"Usually this sort of visa cancellation takes place after charges have been laid against someone and they`ve run their course and they've resulted in a penalty being imposed ... I have not heard of this power being used pre-emptively in this way.

"It has got to be seen as a threat to the rule of law if a ministerial discretion is used to effectively reverse, or to reverse for practical purposes a decision of the court. And it's sophistry to say that one's got nothing to do with the other."

[...]

[Magistrate Janet Payne] drew on several High Court cases to find that the "cumulative effect" of a number of factors meant Haneef's circumstances were exceptional enough to release him into the community.

These included that he was not alleged to have been directly involved with a terrorist group behind last month's failed extremist attacks in London and Glasgow; that the mobile phone SIM card he gave to his second cousin was not alleged to have been used as part of an attack; that he left it with his family member when leaving Britain; that he was a doctor studying with the Australian College of Physicians; that he had no criminal history and a good employment history; that his passport had been taken and that he was likely to be placed under surveillance if released.

Dr Mohamed Haneef's wife, Firdous, outside the family home in Bangalore

Meanwhile, Dr Haneef's wife Firdous was quoted in The Australian prior to the bail decision and the Howard government's middle finger to the court:

Ms Haneef said she believed the Australian police had implicated her husband on "frivolous" grounds.

"They know that giving a SIM card is not an offence," she said.

"Even after 12 days they have not found anything. They are being plain stupid. They cannot do this injustice ... It is not only about (Dr Haneef's) life.

"All our lives - myself, my daughter, his parents, brother and sister - are dependent on his life."

How to win friends and influence people, huh? The Howard government's assertion that Haneef failed the character test was made only after a magistrate ordered his release into the community. They've had 2 weeks to decide whether he failed the character test, yet decided to do so only after the bail decision, showing their actions are based solely on their desire to thwart any parts of the justice system that are still not subject to their whim.

Update:

Labor are doing a Beazley and trying to pander to the racist vote by supporting the Howard government's 'tough' stance:

Despite disquiet among civil libertarians, the Opposition endorsed the Government's move.

Labor's immigration spokesman, Tony Burke, said: "Federal Labor takes a hard line on terrorism and on those who support terrorists … It appears he has acted entirely appropriately."

It would be nice if Labor weren't such cowards on this issue and provided some real opposition. They're giving me more and more reasons to vote Green at the next election.

Mikey's post.

Anonymous Lefty post.

Peter A Clarke has sections from the transcript of last night's 7.30 Report along with some good commentary. See just how sick Kevin Andrews can make you!