Lawyer warns of abuse of process in Zaoui case

11.45am

An exemption from disclosing secret security information about Algerian asylum seeker Ahmed Zaoui held by the Security Intelligence Service (SIS) raised the possibility of a serious abuse of process, the High Court at Auckland was told today.

It also raised the possibility that the service could be shielded from exposure to incompetence and error.

The comments were made by Robert Hesketh when he appeared for the Human Rights Commission at a hearing challenging aspects of a review of a security risk certificate which suggested Mr Zaoui was a threat to national security.

Part of the legal challenge includes the SIS's refusal to provide a summary to Mr Zaoui's lawyers of the case it had against him.

The security risk certificate is being reviewed by SIS Inspector- General Laurie Greig.

Mr Zaoui has been in jail for a year after arriving at Auckland airport on a false passport.

He sought and was granted refugee status, but the SIS certificate has kept him imprisoned. The reasons why the SIS issued the certificate are not known, because it is an issue of national security.

Today in his closing submissions, Mr Hesketh said several signposts in legislation should be taken into account, including the possibility of an abuse of process.

Another was the balance between public and individual rights.

He said statutory signposts pointed towards more than just an involvement in a review of a security risk certificate.

What constituted a threat to national security could be interpreted extremely broadly, he said.

The hearing is expected to end today and a reserved decision from Justice Williams is expected before Christmas.

- NZPA