'Harmless' Zaoui in risky herd

Algerian refugee Ahmed Zaoui is no threat to anyone and should be freed from jail immediately, the Court of Appeal was told yesterday.

Instead, he was being forced to endure the company of dangerous inmates such as Phillip Edwards, killer of television personality David McNee, said his lawyer, Rodney Harrison, QC.

Mr Zaoui is being held without charge in Auckland Central Remand Prison, where Edwards is awaiting sentencing for the manslaughter of Mr McNee.

Dr Harrison urged the court to overturn a High Court ruling against freeing Mr Zaoui, who is being held while his security status is reviewed.

The appeal is one of three concerning Mr Zaoui in the Court of Appeal. One, which has been heard but not decided, is an appeal by the Government against the High Court ruling that Mr Zaoui's human rights should be considered during the much-delayed security status review.

The other, set down for hearing on Thursday, is an appeal by Television New Zealand against another High Court ruling refusing permission for TVNZ to interview Mr Zaoui in jail.

Mr Zaoui, a former Algerian MP whose party was prevented from taking power by the military, has been in custody for 21 months since arriving at Auckland Airport in December 2002, when he sought refugee status.

He is being held on the basis of a Security Intelligence Service certificate saying he is a threat to national security, despite the independent Refugee Status Appeal Authority declaring 13 months ago that he is a genuine refugee who faces death if returned to Algeria.

Dr Harrison said Mr Zaoui faced staying in jail while the security risk certificate was reviewed. No outcome was likely before next year.

Dr Harrison sought bail or Mr Zaoui's release under a writ of habeas corpus, an ancient legal remedy that allows courts to free a prisoner being held unlawfully.

Mr Zaoui could live either at the Mangere refugee centre or with members of the Catholic Dominican order who wanted to care for him.

The SIS's reasons for wanting Mr Zaoui detained concerned such things as his making a home video of visiting a mosque in Hanoi on his way to New Zealand, and were baseless, Dr Harrison said.

"The Crown has completely failed - indeed, not even attempted - to provide any factual justification for Mr Zaoui's detention," he said.

Deputy Solicitor-General Cheryl Gwyn said Mr Zaoui was in New Zealand unlawfully and his refugee status did not alter that.

The hearing continues.

Zaoui's journey

* Elected an MP in Algeria, but his party is prevented from taking power by the military in 1992.

* Next decade spent unsuccessfully looking for sanctuary in Europe.

* December 2002: Arrives in New Zealand on false passport, seeking refugee status.

* August 2003: Declared a bona fide refugee by the Refugee Status Appeals Authority.

* Today: Remains in prison awaiting a review of a "security risk certificate" issued by the Security Intelligence Service.

- NZPA


Herald Feature: Ahmed Zaoui, parliamentarian in prison

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