Blow for Zaoui case as review delayed

Lawyers for Ahmed Zaoui (pictured) say the delay could be detrimental to his ability to call key witnesses again.

The long-running and controversial case on whether Algerian Ahmed Zaoui should be removed from New Zealand has been hit by another delay.

A hearing to review the security risk certificate lodged against Mr Zaoui had been scheduled to begin in Auckland on August 7, but will now not go ahead.

In response to a Herald inquiry, a Ministry of Justice spokeswoman released a statement in which Justice Paul Neazor, the Inspector-General of Intelligence and Security who is reviewing the issuing of the certificate, says more time is needed.

"This is the first time we have been through this process in New Zealand. The issues are complex," he said.

It was expected a timetable for the hearings would be set after meetings with counsel over coming months.

In response, the three lawyers acting for Mr Zaoui said the primary reason for the hearing being delayed was the failure of the Director of Security to promptly provide complete information to the Inspector-General.

The lawyers, Queen's Counsel Rodney Harrison, Deborah Manning and Richard McLeod, said in a joint statement that the "abandonment" of the hearings had not occurred by any failure of them or Mr Zaoui.

"The director issued the security risk certificate against Mr Zaoui well over three years ago, and as of today, he has still not provided all necessary documentation to the Inspector-General."

They said the Zaoui case had been delayed due to Crown appeals of court proceedings and now largely because of the failure of the Security Intelligence Service to provide the Inspector-General with all the classified information it held.

"As late as April 2006 the SIS had notified the Inspector-General that they felt obliged to draw his attention to 'new' material. Some of this material was documentation held on SIS files and in their possession before the security risk certificate was issued."

The lawyers said nine major international witnesses were scheduled to travel to New Zealand to give evidence on Mr Zaoui's behalf.

They included busy academics who had set aside time to make the trip.

"This development could be detrimental to Mr Zaoui's ability to call these witnesses again."

The lawyers said it was probable the case would drag on into next year.