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Haneef case: Prosecution may have misled court
Natasha Chaku in Melbourne
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July 20, 2007 18:56 IST
Holes developed in the prosecution case against Mohammad Haneef following a report it may have misled the court over his mobile phone SIM card being found in a jeep used to attack the airport in Glasgow.

Some of the details of a terrorism charge against the Indian doctor presented in the court by the prosecution may have been incorrect raising doubts about prosecution's claims, a media report said on Friday.

Unnamed officials in the UK and Australia were quoted by the Australian Broadcasting Corp as saying the card was not found in the flaming jeep and that police actually seized the card from the Liverpool home of his second cousin and terror suspect Sabeel Ahmed, some 350 km away.

The card was seized from Sabeel, who is also a doctor, when he was detained eight hours after the failed attack in Glasgow where his brother Kafeel was believed to have driven the jeep, the broadcaster said. The crucial SIM card is at the centre of the prosecution case with one top criminal barrister Peter Faris saying police investigation was "incompetent."

The ABC report came on a day when The Australian newspaper said it had analysed the transcript of the Haneef's police interview and an affidavit filed with the court and had discovered "major discrepancies" on two key issues.

The issues related to Haneef's place of residence in the U.K and the circumstances on how he planned to come to India on a one-way ticket.

Australian Federal Police Commissioner Mick Keelty categorically said the inconistencies revealed by the newspaper and the location of the SIM card would not weaken the prosecution case.

There were fresh calls that Immigration Minister Kevin Andrews reinstate Haneef's work visa after the release of new information by the broadcaster and the newspaper about his alleged link to the UK terrorism plot.

Haneef is currently lodged in a high security prison in Brisbane for immigration violations.

A Brisbane court was told six days back that a mobile phone SIM card belonging to Haneef was found in the Jeep driven by Sabeel's brother Kafeel that smashed into Glasgow Airport on June 30. The SIM card was at the centre of the prosecution case to oppose bail after Haneef was charged with supporting a terrorist organisation.

"It seems the facts are not as they were presented in court," ABC radio said.

If verified, the lack of a direct link between Haneef and the foiled car bombing could weaken the prosecution case against him.

"Evidence was presented in court suggesting that Haneef's SIM card being at the scene of the foiled attack was one of the reasons behind charging him with recklessly supporting a terrorist organisation," the ABC said.

Sabeel Ahmed allegedly had two phones with him at the time of his arrest, one of which had Haneef's SIM card.

If the latest report is verified officially, it would mean Haneef's SIM card was found with the man charged only with withholding information. This would dissolve Haneef's link to the Glasgow attack, media reports said.

The report comes as a debate rages in Australia and India about whether authorities have been overzealous in prosecuting Haneef under counter-terror and immigration laws.

Haneef's lawyer, Peter Russo said the implications of the SIM card report were not clear.

"The only way that we're ever going to prove whether that's true or not will be in an open hearing," Russo said.

"Hopefully the process will unfold and the truth will be found somewhere in the unfolding of the different court hearings that we have.''

Investigators suffered a further blow with former Chairman of the National Crime Authority Barrister Peter Faris declaring the police investigation as "incompetent."

Melbourne barrister Peter Faris said the apparent error in the prosecution's case put before the court had been "a shocking mess-up" and it meant Haneef was unlikely to be convicted of providing support to a terrorist organisation.

"You can't get something that's so central so wrong," he told ABC radio.

"I think this is fast approaching the situation where there is not a reasonable prospect of a conviction, unless there's some other evidence that we don't know about, he said adding, "I just have trouble seeing a jury convict him on this sort of evidence."

Haneef's lawyer Peter Russo said he has had doubts from the start over the evidence against his client and that the latest alleged revelations could help him.

"It's quite usual for us to find out that the facts that have been put before the magistrate are different to what actually comes out in the proceedings," he told the ABC.

"It's one of those matters that we will just have to watch unfold -- whether or not it's harmful to his cause or helpful," he said. "I personally think this does help him."

The Greens party has joined calls for Andrews to reinstate Haneef's visa, after the release of new information about his alleged link to the UK terrorism plot.

Greens Senator Kerry Nettle said the Federal Government's case against Haneef is falling apart.

"Either it is a massive mistake on the part of the Federal Police and the Australian Government or it is them desperately looking to charge Haneef and skimming over the facts of the case in making the decision to charge Haneef," she said.

But Andrews has ruled out reviewing his decision to cancel Haneef's visa on character grounds, despite the new information revealed on Friday.

Andrews' spokesperson said nothing that has been reported in the media alters his decision to cancel the visa.

She said the visa decision was based on a broader range of information than was provided to the magistrate in the bail hearing.


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