Zaoui bail just start of new round

Ahmed Zaoui's future in this country may take a further six to 12 months to resolve even if the Supreme Court grants him bail today.

The Algerian has been imprisoned without charge since arriving from Malaysia in December 2002 while legal dogfighting has dragged on over the Security Intelligence Service's claim he is a threat to national security.

The case has already cost taxpayers at least $1.2 million but the critical issue about his status will not be resolved today.

That is because a review by the Inspector-General of Intelligence and Security, Justice Paul Neazor, of the SIS's security risk certificate issued last year against Mr Zaoui is yet to be done.

Justice Neazor cannot do the review until the Supreme Court decides whether it will hear a Crown appeal against lower court rulings upholding Mr Zaoui's claim that his human rights should be considered in the review.

Mr Zaoui's lawyer, Deborah Manning, said yesterday that it might take six to 12 months before his future was resolved.

Bail was being sought because of concerns about the wellbeing of the former Algerian MP, who turned 44 on Tuesday.

Asked if he was optimistic about today's outcome, Ms Manning said: "He's anxious, he's tired, it's a very difficult emotional time for him."

But the Herald understands Government officials are bracing for his release after the Supreme Court's decision last month that the High Court had jurisdiction to grant bail in such cases.

Should he get bail, whether he leaves his jail cell that day depends on the conditions set.

Mr Zaoui's supporters want him to go to the Dominican Friary in Newton and if bail is granted he will probably be there tonight.

The other option is the Mangere Refugee and Resettlement Centre, which will take a few days to organise.

The centre has two classes of access - one restricted and one which allows people to come and go with swipe cards.

The Crown will be represented today by Solicitor-General Terence Arnold, QC, and Deputy Solicitor-General Cheryl Gwyn.

But a spokeswoman for the Crown Law Office would not say yesterday if bail would be opposed.

It is also unknown whether the court will deliver its bail decision today or reserve it.

Court staff could give no indication what might happen.

Should Mr Zaoui get bail, TVNZ plans to screen an interview with him tonight on Close Up At 7.

The interview was done with Kim Hill on Monday at Mt Eden Prison's chapel and came only after TVNZ took its case for an interview to the Court of Appeal.

Meanwhile, some MPs voiced concern at the Supreme Court's "judicial activism".

National's justice spokesman, Richard Worth, said it was highly unusual for an appeals court to make a bail decision itself. The court should have decided the law and then referred the case back to the lower court to determine.

New Zealand First leader Winston Peters said the case was a test of whether an elected government or a panel of appointed judges were responsible for the country's security and safety.

NEXT STEPS

* The Supreme Court has yet to grant leave for the Crown to appeal against lower court rulings partly upholding Mr Zaoui's contention that his human rights should be considered when the security certificate is reviewed.

* Because of that delay, the review by the new Inspector-General, Justice Paul Neazor, is on hold.

* If after the review the Inspector-General upholds the certificate, Immigration Minister Paul Swain has three days either to accept or decline the decision. Should he accept it, Mr Zaoui will be deported. If he declines it, Mr Zaoui can stay.