The Supreme Court has signalled that it may ask Prime Minister Helen Clark why Algerian refugee Ahmed Zaoui should not be given bail.
In the second day of what Chief Justice Dame Sian Elias called a "difficult and important case", the five judges questioned Solicitor-General Terence Arnold, QC, closely about obstacles
to Mr Zaoui's getting bail.
Told by Mr Arnold that it would be outside Security Intelligence Service director Richard Woods' role to give evidence about the risks of bail, Dame Sian suggested that Helen Clark, as SIS Minister, could do it.
Mr Zaoui, who has been detained without charge since he arrived in New Zealand seeking asylum 23 months ago, has asked the court to release him on bail from Auckland Central Remand Prison.
It is only the second case to be heard by New Zealand's highest court, and follows the Court of Appeal's ruling in a majority decision in September that his detention is lawful and he should not get bail.
Mr Zaoui, whose party was blocked from taking office by the Algerian military in 1992, is being held on the basis of an SIS certificate that says he is a threat to national security, despite being recognised as a genuine refugee.
His lawyers want him freed to live at the Mangere refugee centre in Auckland or with the Catholic Dominican order, pending the much-delayed review of the SIS certificate.
Mr Arnold, told by the judges that they needed information about the risk Mr Zaoui posed if granted bail, said such information was classified and by law could not be revealed by either Mr Woods or Immigration Minister Paul Swain, who was also privy to it.
Justice Sir Kenneth Keith said the SIS also briefed Helen Clark. He asked what was stopping her from giving the court the information it needed.
Mr Arnold did not directly reply but said there was not much the Crown could do other than rely on publicly available information such as a non-classified summary of information against Mr Zaoui provided by Mr Woods this year.
Mr Arnold also rejected comments by Mr Zaoui's lawyer, Rodney Harrison, QC, on Wednesday that Crown appeals were responsible for delays in the case. He said Mr Zaoui had gone to court, which was his right, delaying the security certificate review process.
Mr Arnold said Mr Zaoui was in "open-ended detention" because of a statutory process of review which did not have to be completed in a particular time.
He argued that the mere passage of time did not make Mr Zaoui's continuing detention arbitrary.
"It will come to an end one way or another."
The Crown has argued in the past that the certificate was sufficient justification for ongoing detention.
The court reserved its decision.
- NZPA
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The Supreme Court has signalled that it may ask Prime Minister Helen Clark why Algerian refugee Ahmed Zaoui should not be given bail.
In the second day of what Chief Justice Dame Sian Elias called a "difficult and important case", the five judges questioned Solicitor-General Terence Arnold, QC, closely about obstacles
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