By CATHERINE MASTERS
Ahmed Zaoui has lost his appeal to be moved out of prison - but only just.
Three Court of Appeal judges released their decisions yesterday, with two saying the Algerian's detention was lawful and one saying it breached the Bill of Rights.
Justice John McGrath said his conclusion that Parliament
had not provided for conditional release of people in Mr Zaoui's position was reached with reluctance.
He said the regulation requiring Mr Zaoui's detention in prison was valid but said fresh regulations could provide that such a person could be detained at the Mangere Refugee Resettlement Centre.
Justice Grant Hammond said there had been too many delays and Mr Zaoui should be released under the remedy of habeas corpus.
Justice Mark O'Regan agreed with Justice McGrath but said he would leave open a possibility that a grant of bail could be an available remedy if the process was not able to be brought to a swift conclusion.
In another decision yesterday, on an appeal brought by TVNZ, the court recognised Mr Zaoui's right to freedom of expression, including being interviewed by the media.
Herald Feature: Ahmed Zaoui, parliamentarian in prison
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