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An Indian doctor allegedly connected to a failed terror plot in Britain has been detained in Australia under immigration laws, despite being granted bail.
Dr Mohammed Haneef was granted bail of A$10,000 (£4,289) today by a magistrate in Brisbane, who said there was no clear evidence that he was involved in car bomb plots in London and Scotland.
He was taken immediately to an detention centre in Sydney, where he is being held under immigration laws for being of bad character, the Australian Government said.
The move has triggered a furious protest by civil liberties campaigners and by supporters of Dr Haneef, 27, who said that the Government was subverting the justice process to keep him behind bars despite holding insufficient evidence.
Dr Haneef, who worked in Liverpool before arriving in Australia, is related to Dr Sabeel Ahmed and Kafeel Ahmed who are both facing terrorism charges in Britain. Kafeel Ahmed was inside the flaming Jeep driven into Glasgow Airport terminal.
Dr Sabeel Ahmed, 26, was remanded in custody when he appeared at the City of Westminster Magistrates’ Court in London today, charged with possessing information that could have prevented an act of terrorism.
Dr Haneef, 27, who gave his cellphone SIM card to the Kafeels before he came to work in Australia last year, was charged at the weekend by Australian police with recklessly lending a SIM card to terrorists. But yesterday Janet Payne, a Brisbane magistrate, granted his application to be released on bail. She overrode the stipulation in Australian law that those charged in relation to terrorism be given bail only in exceptional circumstances.
The magistrate said that there was no allegation that Dr Haneef, was involved directly with the terrorist groups behind the extremist attacks in London and Glasgow; that his SIM was not used in planning or as part of the attack; and that he was a doctor with no previous criminal history.
She freed Dr Haneef on condition that he post $10,000 bail and report three times a week to police on the Gold Coast, Queensland’s, where he was employed in a public hospital.
Kevin Andrews, the Australian Immigration Minister, said that immigration officers had taken Dr Haneef into detention because the Government had revoked his immigration visa.
It was revoked after Mr Andrews decided that the doctor had failed "the character test" provisions for his visa. He refused to be drawn on Dr Haneef’s prospects of a fair trial now that his visa had been cancelled.
Mr Andrews said: "The magistrate in Brisbane has a set of responsibilities which she has carried out and I am making no comment whatsoever on the magistrate."
Peter Russo, Dr Haneef’s lawyer, was clearly surprised by the minister’s actions. He said: "If that is what he thinks then he doesn’t understand the presumption of innocence."
Mr Andrews was also criticised by Stephen Estcourt, President of the Australian Bar Association. Mr Eastcourt said: "He can’t do that. This has got to be seen as a threat to the rule of law if a ministerial discretion is used to effectively reverse — or reverse for practical purposes — a decision of the court."
Dr Haneef’s lawyers are considering not posting the $10,000 bail. If they decide not to, Dr Haneef will be returned to police custody in Queensland.
His lawyers also signalled that they were considering contesting the withdrawal of Dr Haneef’s visa in the courts.
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