The Guardian 6 February, 2008
Law Council wants more public scrutiny
Australian Federal Police Commissioner Mick Keelty should be less focused on vilifying those who have exposed AFP shortcomings and more focused on ensuring that mistakes are not repeated, the Law Council of Australia says.
In a speech last week to the Sydney Institute, Commissioner Keelty lamented the nature and timing of public scrutiny recently brought to bear on his agency, in relation to its handling of terror cases.
However, Law Council President Ross Ray QC said that media and public scrutiny had played an active role in securing the freedom of Dr Mohamed Haneef.
"Without that scrutiny, the hopeless case against Dr Haneef would, almost certainly, have been abandoned or dismissed by a court at some point but perhaps not for weeks, months or even years", Mr Ray said.
"Commissioner Keelty may be content for mistakes to be identified and addressed over such a period — but the community is not", he said.
Mr Ray said no government authority, particularly one that exercises coercive and intrusive powers, was above scrutiny. "And genuine scrutiny does not occur only on the terms and timetable of the authority in the spotlight", he said.
"If this creates a sense of pressure and unease throughout the ranks of the AFP, then it ought to be welcomed. Surely, it can only result in stricter adherence to the letter of the law and an ongoing commitment to improved professional standards — things on which our community safety depends."
Mr Ray said that Commissioner Keelty is correct to claim that we need to have trust in our public institutions, like the AFP. However, that trust must been earned, tried and tested. But he noted that there is no value in blind or misplaced trust.
"In the face of the threat of terrorism, the community has been forced to accept increased police powers and the loss of certain freedoms. That is the price we have been asked to pay. The price the police must pay for assuming greater powers is an increased level of public scrutiny", Mr Ray concluded.