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Haneef case: Witnesses may face civil action
Thursday, May 01, 2008 08:52 [IST]

Melbourne: Witnesses deposing in the judicial inquiry into the failed terrorism case against accused Indian doctor Mohammad Haneef may not cooperate amid fear of defamation proceedings against them as the inquiry lacks powers of a royal commission.

A fear of defamation proceedings could turn out to be a key reason for witnesses getting uncooperative, The Australian said today.

After the Clarke inquiry into the bungled case of Haneef held its first public hearing yesterday, Queensland Law Council president Megan Mahon told the daily that two protections commonly given to royal commissions -- indemnity against defamation and self-incrimination -- were not been given to Clarke, exposing witnesses to civil action.

Mahon said that in the absence of those protections, many lawyers would advise their clients not to co-operate, the daily said.

Lawyers for Haneef also raised doubts at reports suggesting a key email that pointed to Haneef's innocence was kept away from former immigration minister Kevin Andrews by the federal police. Haneef, 27, was charged after his SIM card was allegedly found with an accused in the failed UK car bombings last year.

He spent three weeks in detention before charges were dropped but he returned to India as his work visa was cancelled.


Source : PTI

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