KEY POINTS:
The passage of time and a more obliging attitude were key factors behind the Security Intelligence Service deciding Ahmed Zaoui no longer posed a security risk to New Zealand, documents released yesterday revealed.
When Mr Zaoui arrived in the country in December 2002 claiming refugee status, investigations soon
revealed links between the former Algerian MP and extremist and terrorist groups.
What Mr Zaoui did and who he associated with while living in France, Belgium and Switzerland were of particular interest to the SIS, and a security risk certificate was issued against him by former SIS director Richard Woods.
Current director Warren Tucker maintained that certificate when he took over the SIS top job last year, but yesterday Dr Tucker said new evidence and an extensive interview with Mr Zaoui had led him to withdraw the certificate.
The SIS case against Mr Zaoui was based on convictions in French and Belgian courts, his activities in Switzerland, his relationship with extremist group GIA (Armed Islamic Group), his personal credibility, and the activities of several unnamed radicals known to Mr Zaoui.
Much of what led Dr Tucker to conclude the case against Mr Zaoui was not proven remains secret, being based on classified material and behind closed doors interviews with Mr Zaoui.
However, what Dr Tucker did make public showed he had decided issues with Mr Zaoui's 14-year-old French convictions had been allayed by time, a key individual being based overseas, and classified information which "reduces the NZSIS concerns."
Mr Zaoui's explanation for his arrest at the Belgian border while travelling in the same car as a man believed to be the armourer of the GIA seemed "convenient" and was significant, but the arrest was more than 10 years ago, Dr Tucker said.
"Mr Zaoui has not associated with any of his co-defendants since his arrest there."
Mr Zaoui's time in Switzerland had troubled the SIS because he had issued and endorsed communiques on behalf of the FIS political party, which had called for the release of radicals who had supported the use of violence.
Swiss authorities had also been concerned Mr Zaoui was attracting extremists to Switzerland, notably "B," suspected of arms trafficking, and "C". Mr Zaoui no longer associated with B, and classified information allayed concern about his ongoing relationship with C.
New interviews with Mr Zaoui saw him make several new disclosures about his relationship with the GIA, and individuals known only as D, E, F and G. Persons inside GIA have called Mr Zaoui a leading member of the organisation, but the SIS did not have detailed information of activities he may have carried out to earn that description.
"I have considered whether there is some alternative explanation for Mr Zaoui having been described as a GIA leader," Dr Tucker said.
"Having considered the new information (both classified and unclassified), I have decided there is a plausible alternative. Unfortunately, two significant aspects of the alternative explanation cannot be disclosed publicly.
"The NZSIS cannot know conclusively which version is correct. But, given the existence of an alternative plausible explanation and the lapse of time since these events occurred, I consider that this information should no longer be relied on to assess Mr Zaoui as a security risk in 2007."
Dr Tucker said he could not reveal "other, very significant" classified information as to do so could cause Mr Zaoui to fear for his safety.
He did say some aspects of Mr Zaoui's explanations did not ring true, but the Algerian's overall credibility had improved since his latest interview with the SIS.
"While there are matters about which I am not convinced by the explanation, I do not think the remaining inconsistencies between his account and my information are such that they should adversely affect the assessment of security risk in the future," Dr Tucker said.
"I take some comfort from his statements as to his future intentions if he stays in New Zealand, provided we maintain ongoing contact with him. Mr Zaoui has now willingly provided a sworn statement making specific assurances to the NZSIS about his future activities. He has also agreed to ongoing contact with the NZSIS. In this way, the NZSIS will maintain a presence but in a non-threatening manner."
Unfolding Saga
2002
December 4: Algerian national Ahmed Zaoui arrives at Auckland International Airport on a false passport and is detained. He applies to Immigration Department for refugee status.
December 12: Zaoui transferred from Papakura police cells to maximum security at Paremoremo prison.
2003
January 30: Refused refugee status. Appeals to Refugee Status Appeals Authority.
March 20: Security director Richard Woods certifies to then-Immigration Minister Lianne Dalziel that Zaoui is a security risk, a decision partly based on his alleged association with known terrorist groups. Zaoui applies to Intelligence and Security Inspector-General Justice Laurie Greig to review Woods' certificate.
August 1: Authority allows Zaoui's appeal and grants him refugee status. Soon after, Justice Greig issues an interim ruling supporting Woods' decision; Zaoui applies to the High Court for a judicial review of that ruling.
November 22: Justice Greig is quoted as saying Zaoui would be "outski" on the next plane if it were up to him.
December 19: The High Court rules Zaoui is entitled to a summary of the allegations against him under the Immigration Act and international human rights legislation.
2004
January 27: Zaoui's lawyer appeals to the High Court to have Justice Greig removed from the case, saying he is biased. Director of SIS releases "Summary of Allegations" against Zaoui.
March 31: High Court rules Justice Greig "should not participate further in this review". The judge resigns.
April 26: High Court judge Justice Paul Neazor named new Intelligence and Security Inspector-General - starting on June 8.
July 1: Zaoui in High Court at Auckland as lawyers Dr Rodney Harrison, QC, and Deborah Manning seek his release on bail.
July 16: Bail application turned down by Justice Barry Paterson.
September 17: Court of Appeal rules detaining Zaoui is lawful, but urges Government to consider a change to immigration regulations so he can be moved to a refugee centre.
November 25: Supreme Court says it has the power to consider bail for Zaoui and that it would be oppressive if his detention without charge dragged on.
December 9: Supreme Court grants Zaoui bail, urges Government to ensure he is granted a prompt and fair review of the Security Risk Certificate issued against him. Zaoui released on bail to live with the Catholic Dominican friars.
2005
June 21: Supreme Court rules Zaoui's human rights do not have to be taken into account when deciding if he is a security risk, but he could not be deported if found to be in danger of being killed or tortured.
2006
March 9: Zaoui's lawyer rejects calls for him to return to Algeria because of a political amnesty in his former home.
July 27: The Zaoui case has so far cost taxpayers about $2.4 million, Deputy PM Michael Cullen tells Parliament. 2007 February 8: Immigration Minister David Cunliffe turns down request from Zaoui's family to come to New Zealand.
July 11: Zaoui's hearing finally begins behind closed doors in Auckland. PM Helen Clark says an open hearing would not have been appropriate.
August 9: Hearing into security risk certificate before Justice Paul Neazor, ends in Auckland.
September 13: SIS director Warren Tucker says Zaoui is no longer a risk to New Zealand's security.
- NZPA
