Lie in unison inquiry strengthened

By HELEN TUNNAH

An inquiry into a memo which said Immigration Service staff had agreed to "lie in unison" about a suspected terrorist has been delayed for weeks so the Ombudsman can ensure it is seen to be independent and rigorous.

Ombudsman Mel Smith's decision to restart his investigation comes after the internal report on the service was condemned by National MP Murray McCully as a "shabby little whitewash".

Mr Smith said he wanted to make sure there could be no questions about an investigation by his office.

"The process I will be following will perhaps be more rigorous than I initially considered might be necessary."

The dual inquiries focused on a memo written by the Immigration Service's media man Ian Smith about Algerian asylum seeker Ahmed Zaoui, detained last December on suspicion he was a terrorist.

"I was let down badly," Ian Smith wrote. "Everyone had agreed to lie in unison but all the others caved in and I was the only one left singing the original song."

Department of Labour chief executive James Buwalda last week issued a report clearing Immigration Service staff of any responsibility for not releasing the memo to the Ombudsman, a key public watchdog, or a National Party researcher under the Official Information Act.

He also said there was no evidence of a conspiracy by staff to lie about Mr Zaoui, who has been granted refugee status although he remains in prison as secret security information about him is reviewed.

Instead, Dr Buwalda said there were "systemic" problems within the service, which is a unit of the department.

Although Ian Smith was facing disciplinary action over writing the memo, he was still working for the service and neither he nor any other staff were being censured for failing to admit the memo existed or to hand it over. Staff did release a copy of the memo with the critical comments by Mr Smith deleted.

Mr Smith said he could not remember writing the remarks, although he released three other memos written about the same time.

The Ombudsman's office had spoken directly with Immigration Service general manager Andrew Lockhart asking for the memo, but was told by him it did not exist.

Dr Buwalda could not say last week if Mr Lockhart, who was off work last December on sick leave, saw the memo although he was one of the 300 people to whom it was sent.

Ombudsman Mr Smith, who launched his own inquiry after finding out from the Herald there was a memo, had been due to release his report a day after the Department of Labour released its report.

However, he told the Herald yesterday it would now be weeks away.

"I've determined after the criticisms of the report from the chief executive - and I'm not criticising it myself, there were public criticisms - that I need to be very careful to ensure that my report cannot be linked to any report he has done."

Mr Smith said he wanted to ensure "that the independence and rigour of an investigation from the Ombudsman's office cannot be questioned".

He said he could not say who would be interviewed as part of his inquiry.

But he had previously been expected to speak to both Ian Smith and Mr Lockhart. He may now speak with Dr Buwalda, and also the Immigration Service's Official Information Act co-ordinator who was responsible for releasing the memo.

He said there were no new terms of reference for his inquiry. The original terms required him to consider "actions or conduct by departmental officials that may have caused or contributed to apparent omission".

Labour Minister Margaret Wilson, Immigration Minister Lianne Dalziel and State Services Commissioner Michael Wintringham have all said the Department's report was thorough.