Dr Haneef and a miscarriage of justice!

Fellows, Jamie (2016) Dr Haneef and a miscarriage of justice! Res Judicata: contemporary issues in administrative and public law, 1 (2).

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Abstract

This discussion puts forward the argument that the failure to devolve specific evidence on which the Director of Public Prosecutions sought to detain and later charge Dr Mohamed Haneef represents a clear miscarriage of justice. Fundamental principles of natural justice require an accused perpetrator to have available the evidence for which accusations of wrongdoing are based unless there exist reasons for the contrary. National security was given as a reason for not disclosing the evidence. Matters of an evidentiary nature were not provided to the accused or the accused’s legal council, yet the same evidence was used in secret to obtain prolonged periods of detention. Haneef's case when viewed from a human rights perspective, reinforces the need for the rules of evidence to be carefully assessed on balance of the individual's rights versus the perceived threat to national security.

Item ID: 42888
Item Type: Article (Commentary)
ISSN: 2206-3145
Keywords: natural justice, Dr Haneef, rules of evidence
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Res Judicata: contemporary issues in Administrative and Public Law is the blog of Jamie Fellows and can be located at: https://resjudicatablog.wordpress.com/

Date Deposited: 19 Feb 2016 04:36
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180103 Administrative Law @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 50%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 50%
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