THE WRONG MAN
An innocent Gold Coast doctor was accused of being a terrorist by the federal government, sparking a major international scandal.
IT was a Gold Coast saga that got the world’s attention. But it began on the other side of the globe with a terror attack, before growing to become the legal case that gripped a nation.
The story of Dr Mohamed Haneef was one of the biggest moments of 2007 and 15 years on remains a controversial episode.
How was it that a doctor working at the Gold Coast Hospital in Southport could be linked to an attack carried out in Glasgow, Scotland?
Half a world away from the Gold Coast, a terror plot ended on June 30, 2007 when a Jeep Cherokee rammed into Glasgow Airport packed with gas and petrol, bursting into flames and setting the building on fire.
Police arrested Iraqi-born doctor Bilal Abdulla while Kafeel Ahmed was left with burns to 90 per cent of his body.
Meanwhile, on the Gold Coast, Dr Haneef, Ahmed’s cousin, rushed to Brisbane after receiving word his wife had given birth to his first child, a daughter, six days earlier. The Federal Police arrested the 27-year-old on July 2 at the airport, with AFP commissioner Mick Keelty declaring: “We are alleging that Dr Haneef was connected to a terrorist group”.
His unit in Pohlman St, Southport was raided, with reports a SIM card the local doctor had previously owned was linked to the attack. Multiple claims were made that he was linked to banned terror groups or that he was involved in plans to blow up Gold Coast high-rises.
British investigators arrived to determine if he was in any way linked with the attack.
While being held without charge for days, Dr Haneef was treated as a terror suspect and kept isolated for 23 hours a day. He was eventually charged with terror offences but was given bail by magistrate Jacqui Payne.
Throughout the case the doctor was represented by lawyer Peter Russo and QC Stephen Keim.
The Court, through a series of closed hearings over a number of days, repeatedly granted police requests to keep Dr Haneef in custody without charge for longer periods as they struggled to find any evidence linking him to the Glasgow attack.
The police powers at the time allowed them to only question a suspect for 24 hours.
However, there was a legal distinction between the time in custody, which could essentially be indefinite as long as a judge extends the period of detention, and the time when the person is being questioned, which can only amount to 24 hours.
“The extension will allow for the analysis of material obtained in the course of the investigation by joint counterterrorism teams,” an AFP spokesman told Reuters.
“[It] will also allow for inquiries and analysis of material to be conducted overseas.”
Mr Russo told the Bulletin at the time his client was surviving despite being held without charge.
“My client’s OK,” Mr Russo said outside of court.
“I explained to him what’s happened today.
“He’s frustrated by the circumstances he finds himself in but apart from that …”
While held in custody, Dr Haneef was not allowed to speak with his wife.
After nearly two weeks, Mr Russo and Mr Keim were successfully able to block further police extensions to keep their client in custody without being questioned.
“My poor client is sitting there waiting, wondering what the hell is going on,” Mr Russo said at the time.
However, that’s when the federal government of the time stepped in and made its presence felt.
The John Howard-led government, severely behind Kevin Rudd and Labor in the polls, intervened in the case when Immigration Minister Kevin Andrews moved to cancel Dr Haneef’s visa on “character grounds”, preventing him from leaving custody.
The intervention was widely seen as being a political move by the Coalition to look tough on terror and wedge the opposition.
Prime Minister Howard even used the situation to propose beefing up anti-terror laws for Australia.
As the Commonwealth’s case against Dr Haneef collapsed, all charges were dropped by the Director of Public Prosecutions, with admissions there was “no reasonable prospect of a conviction” as well as mistakes in previous court appearances.
Dr Haneef was deported and left the country at the end of July 2007.
He only returned in 2010 at the end of the Clarke Inquiry once his name had been cleared. He received a big cash settlement from the Commonwealth.
The incident proved devastating to the credibility of the Howard government which continued its slide in the opinion polls, ending with its stunning defeat at the November 2007 election. Kevin Andrews remained in parliament until May 2021 after failing to win Liberal Party preselection.
Mr Russo continued to practice law for eight years before he was elected to state parliament in 2015. Dr Haneef still lives overseas.