Press Releases and Announcements - 18 July 2008
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.
Media Enquiries:
For more information or to organise an interview, please
contact:
Meaghan Telford, Maurice Blackburn - 0437 586 093.