The Guardian June 9, 2004


Editorial:

Putting the judiciary in prison

The arrest of Bilal Khazal as a suspected terrorist and the 
alleged "fury" of some politicians when he was released on bail 
hide the utter fraud of the so-called "war on terrorism". Rather 
they demonstrate how "terrorism" is being systematically used, 
among other things, to politicise and shackle the legal system by 
both Liberal and Labor Party Governments.

The press reports that Khazal had been under observation by ASIO 
for the last 10 years — yes, ten years! His home was raided 
recently when documents and computer equipment were seized. He is 
alleged to have posted on a website some material drawn from 
"other authors" together with "his own words". Mr Murphy, his 
solicitor, said it was simply a "cut and paste" job from other 
websites. Furthermore, he had removed it from the internet when 
police brought it to his attention.

So why was he arrested now, why the newspaper headlines and the 
"fury" when he was bailed by a Sydney magistrate?

The answer is to be found in the extreme embarrassment being 
suffered by the "coalition" waging war in Iraq, the torture 
revelations and, perhaps most important of all, the relentless 
moves by the Howard Government to politicise the judicial system 
as they have already done to Australia's intelligence 
organisations and the military. Their objective in regard to the 
judiciary is to impose politically driven "mandatory" rules of 
procedure and sentencing.

The arrest of Khazal and his release on bail provided the excuse 
for Attorney-General Ruddock and then the NSW Premier Bob Carr to 
rush legislation into parliament requiring judges and magistrates 
to only grant bail to "terrorist" suspects in extreme cases. 
There will be a "presumption against bail" whenever a person is 
charged (not found guilty) of terrorism offences. The principle 
of being "innocent until proven guilty" and the "presumption of 
innocence" are being destroyed by such measures.

Federal Labor Party spokesperson, Robert McClelland, jumped in 
behind Ruddock declaring that "the errors [of the courts] must 
now be regarded as more than individual oversights". He was 
referring to the bail granted to Khazal and to the fairly short 
sentence imposed on Jack Roche in WA.

It is disgraceful that some Labor leaders seem more intent on 
outdoing even the Howard Government when it comes to showing that 
they are "tough on terrorists" rather than fighting for even the 
limited independence of the judiciary from the government of the 
day.

Thank you Mr Bush

If anything more was needed to show that the United States 
leaders regard Australia as its colony, it has been provided by 
Bush's public attack on Labor Party leader, Mark Latham, over the 
ALP's commitment to bring Australian troops in Iraq home for 
Christmas.

Bush made the comments in the presence of the always fawning 
Liberal leader, John Howard. Howard's obsequiousness in the past 
has encouraged such a view on the part of the US leaders. When 
they say jump, Howard asks, "How high?"

Bush's remarks are a flagrant interference in the internal 
affairs of Australia. They are patronising in assuming that the 
Australian people do not have the right to work these matters out 
for themselves and have to be told what to think and do. They are 
beyond the bounds of all accepted diplomatic behaviour.

They, however, may not have been such an un-diplomatic slip as 
might at first seem to be the case. Both Howard and Bush are in 
election mode and face elections at approximately the same time. 
They desperately need each other and will fight together for 
their mutual re-election and political survival. Howard will use 
Bush's remarks and the photo-op of Howard and Bush on the lawns 
of the White House, to show that they are partners (in crime!) 
and that Howard is the only one able to maintain the United 
States as Australia's defender in a dangerous world.

The media totally ignore the fact that the US, with Howard at his 
side, is responsible above all others for making the world a 
dangerous place and that it is the US alliance that is helping to 
isolate Australia in the Asia-Pacific region.

It is to be hoped that the Australian people will reject this 
course and continue to build on Australia's independence of any 
foreign power.
Back to index page