Opinion 
 Blogs 
 Brian Toohey 
 Ruddock pleads ignorance 

Ruddock pleads ignorance

It’s hard to know why Philip Ruddock decided to speak out in recent days about his time as Attorney General in the Howard Government. Based on Ruddock’s own comments, it doesn’t appear he paid a lot attention to what was happening in three key agencies for which he had ultimate ministerial responsibility — the Australian Federal Police, the office of the Director of Public Prosecutions and the Australian Security Intelligence Organisation.

Ruddock says he didn’t know whether his Cabinet colleague Kevin Andrews — who clearly had a need to know —saw a key ASIO assessment that Mohamed Haneef was not a security threat. Nor did he know that the AFP had failed to give the DPP crucial documents before Haneef appeared in court on terrorism- related charges. Ruddock’s revelations about what he didn’t know about the treatment of an Australian citizen Mamdouh Habib are even more astonishing.

The then head of ASIO Dennis Richardson told a senate committee in May 2005 that his agency had "definitely” established early in 2002 that Habib had been transferred to Egypt after being detained by US agents in Pakistan in October 2001. But Ruddock recently told The Australian, "My understanding is Richardson formed a view that that's where he [Habib] might be . . . simply I think on the basis of supposition."

Richardson is a meticulous public servant. He would not tell the senate that ASIO had definitely established where Habib was merely on the basis of supposition. Nor would he tell the senate about something as important as Habib’s “rendition” by the CIA to Egypt, where he as almost certainly tortured, without first ensuring that his minister was informed. However, when referring to “the circumstances of his rendition”, Ruddock told The Australian, “We were never informed about where he was or what had happened to him”.

This is a sensitive issue for members of the Howard cabinet. Persistent questioning by a Green senator Kerry Nettle has established that Richardson told US officials in an “oral aside” that Australia could not agree to Habib’s rendition to Egypt. He also raised the issue with officials in three government departments, but there is no record that anyone, let alone ministers, lodged a formal written objection. The Howard government's almost casual disregard for Habib’s fate is in striking contrast to the vigorous action that the conservative prime minister Stephen Harper took in a similar case in Canada. A thorough official inquiry found that the CIA —relying partly on information supplied by Ottawa— had rendered an innocent Canadian citizen Maher Arar him to Syria where he was savagely tortured. Harper then offered $12.5 million in compensation and formally apologised to the victim.

Haneef's mistreatment is another black mark against the Howard government and the AFP. In contrast, ASIO's performance was exemplary. The Rudd government has appointed a retired judge John Clarke to undertake a limited inquiry into the AFP’s decision to charge Haneef in July 2001. The charges had to be dropped after it emerged that the AFP did not have a jot of evidence against Haneef who had been working as a doctor a Gold Coast hospital.

The AFP commissioner Mick Keelty recently acknowledged that ASIO had access to the same information as the police. ASIO drew very different conclusions, as O’Sullivan made brutally plain in a submission to Clarke. O’Sullivan said that three days before the AFP laid charges, ASIO gave written advice to the Howard government that it had no information that Haneef had foreknowledge of the failed terror attacks in the UK. “Nor was there any information”, O’Sullivan said, “to indicate that Dr Haneef was undertaking planning for a terrorist attack in Australia or overseas”.

When a government receives such unequivocal advice, it would normally ensure that all relevant ministers get a copy. But the then immigration minister Kevin Andrews says he never saw the advice, despite going out on a very long limb to publicly attack Haneef’s character on the basis of information supplied by the AFP.

Ruddock told journalists last week that he didn’t know if Andrews was on the distribution list for the ASIO assessment that exonerated Haneef. Given that Andrews was digging himself a deep hole on the issue, it is surprising that neither Ruddock nor John Howard personally warned him about the pitfalls indentified by ASIO.

The AFP has classified its entire submission to Clarke. But an unclassified version of the DPP’s submission was released last week. However, Ruddock said last week that he was not aware of many of the problems raised in the submission.

The DPP admits it made mistakes but is highly critical of the AFP for not keeping it properly informed. The DPP says it was not supplied with the records of interview with Haneef and sworn police statements before one of its lawyers appeared in court. Nor was it shown the ASIO assessment unambiguously stating that Haneef was not a security threat.

The AFP’s core problem is the disturbing combination of incompetence and recklessness that it displayed in charging Haneef without any justification whatsoever. Haneef’s alleged crime, shortly before left the UK for Australia, was to assist a terrorist group by leaving a mobile phone sim card with a second cousin who said he wanted the unused credit. But this relative was not a terrorist; something the British police had established well before the AFP charged Haneef.

At least, Ruddock is no longer a minister. Keelty still has his job.

Print
Increase Text Size
Decrease Text Size
Page:
single page

comments


Date: Newest first | Oldest first
Is this surprising to anyone at all? The Howard years saw a run of public servants doing their best to cover up mistakes - their own and their masters. In the case of the AFP's behaviour how many federal Ministers and Liberal members were exposed as breaching the law on dealing with public funds (it used to be called stealing) and nothing was done except a quick repayment? Was it seven or eight? I saw officials lie deliberately to the PM and the then Treasurer over stolen wages payments to aboriginal people in NSW and it seemed that this was OK because it produced a good media result instead of exposing the straight out incompetence involved. At least they paid me out to conceal their deeds. Don't put too much of this down to mendacity though because in most cases it is just the sheer incompetence of these sycophants and licklespits. We get the politicians and the beauracrats we deserve.
Posted by Concerned Citizen, 25/08/2008 2:13:09 PM
Why does everybody keep playing the game instead of stating the obvious? It has always been evident that Haneef was used by the Howard government in another attempt to woo votes for the forthcoming election. Howard was playing the terrorism card again, but it didn't work. Keelty played his accommodating role as he had done many times before. Using another man's life and reputation for one's own blatant promotion is a vile deed. I hope that those who went along with Howard in this dirty game are exposed and justice is done. Why were Howard and his ministers always able to hide behind excuses such as "I didn't know", "I wasn't informed", "my department wouldn't have known" I was not informed" etc. etc., so typical and so often repeated during Howard's rotten reign. I think Ruddock is just trying to exonerate himself of any culpability for his inhumane actions when he was in power. Maybe he is worried about the current inquiry and the can of worms it might open. His attitude reminds me of Nuremburg.
Posted by Rob, 25/08/2008 10:36:15 PM
The more I read, the more disturbed I become. The cavalier attitude of the AFP and the Howard government team was unbelievable.
Posted by Marnie, 25/08/2008 11:33:00 PM
Lets call this fiasco for what it was. The Howard government did not lift a finger to protect Australians from the USA and its outsourcing of torture in the middle east and carribbean because deep down in their tiny souls they long for any evidence to support the illusion that there is much to fear lurking in our community. This fits their small narrow view of the world that you cant trust people that dont look and sound the same. Only a maggot like Howard would sell his countrymen down the drain like that and only a coward consents to his government using torture to "keep us safe" Thank God for Maxine McKew and the 07 election result. Bob
Posted by Bob, 25/08/2008 11:52:59 PM
Public servants know where the bodies are buried. Ruddock's "I didn't know - who? me?" will have plenty of public servants choking on their coffee if they read this at breakkie. Gives a clear picture as to why the ACT with its high percentage of pblic servants, voted the way it did at the last election.
Posted by terry, 26/08/2008 8:15:20 AM
Well said, Brian. Amazing amnesia or deep. deep denial? What a sad sack of shame Ruddock has become. Let it be a warning to all future ministers of state who would be careless with the rights and liberties of Australian citizens. Mick Keelty's gotta to go too. Let the burden of dishonour fall upon all who would defend his calculated lawlessness.
Posted by Graeme Dunstan, 26/08/2008 9:57:55 AM
Another good article Brian. I agree that Keelty should resign. I suspect however that Ruddock's approach had some resonance in the wider community - hence the Liberals dog whistle on racism. (I think the truancy trial is another dog whistle too, this time by Rudd.)
Posted by Passy, 27/08/2008 8:59:25 PM
Lets face it even ruddocks own daughter opposed him on Channel Packer I was only following orders hmmm Hicks could rot or worse without a trial until he cut a deal to plea guilty What constitution ? what section 80 ?
Posted by Let them eat carbon, 9/09/2008 12:57:27 AM
Brian Toohey
Brian Toohey, one of Australia's most respected journalists, examines various matters of import.
Philip Ruddock
Philip Ruddock

MOST POPULAR

Yourguide to Your Toyota
 
James Bond Happy Hour at Flint - click now
 
University of Canberra - click here
 
Red Hot Deals at Eurobodalla! click now
 
Click here to read See Canberra online!
 
Ready, Set. Drive!
 
Classifieds
 SEND...
 SAVE...
 SHARE...