Maurice Blackburn

Federal Court rules in favour of Scott Parkin

Federal Court rules in favour of Scott Parkin, following
ASIO's attempt to prevent access to critical documentation

The Federal Court today ruled that ASIO was compelled to provide a list of
documentation, relating to the detention and deportation of peace activist Scott
Parkin.

Maurice Blackburn Principal, Anne Gooley said that this was a significant outcome.

'This is the third decision in relation to ASIO's refusal to hand over a list of documents relating to Scott Parkin's case.

'In any normal case, providing a list of document for the purposes of discovery is standard procedure yet ASIO have vigorously opposed argue that they should not be compelled to do what all other defendants are required to do.

'Scott Parkin was given an adverse security assessment by ASIO, but they have consistently refused to explain the why.

'Our clients have told the court that there was no basis for the adverse security assessment, that they had done nothing that would make them a threat to Australia's national security. In response legal counsel for ASIO acknowledged that may be the case but the adverse security assessment may have been made because of people who they associated with, even if they was not aware of the implications of the associations at the time.

'We saw in the Haneef case the dangers of using an "association" as the basis for decision making.

'Like the assumption of innocence, it is a fundamental principal of the rule of law that people are entitled to face their accusers and defend themselves.  You can't do that if you don't know what you are alleged to have done.

'Today's decision by the Federal Court specifically outlines that, ASIO, is not exempt for this basic principle, that people are entitled to know the basis of their decisions and that they are must be accountable in a court of law as are all other organisations,' Ms. Gooley said.

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