The defence team of Indian doctor Mohammad Haneef, who was wrongly accused of terror charges in Australia, has sought more powers for the inquiry probing the failed case against him, after its head said much of the evidence presented to him cannot be made public.
Haneef's lawyer Rod Hodgson said the Kevin Rudd government had promised a full judicial inquiry, but the one being conducted was not transparent.
"Whatever this inquiry is, it is not judicial and it is not open," he was quoted as saying in the Herald Sun.
"It is a very convenient result for the Australian agencies, especially the Australian Federal Police and the Department of Immigration and Citizenship in that they cannot be made accountable to the Australian public because of an alleged fear of offending a foreign government," he said.
Former NSW Supreme Court judge John Clarke, who is heading the government-ordered inquiry into the case had said on Monday that much of the "sensitive" evidence before him cannot be made public as it could harm diplomatic ties with the UK.
Hodgson also said that the credibility of the country's Attorney-General Robert McClelland could come under a cloud if he choses to be mute spectator.
"If McClelland sits by and allows what was to be a full judicial inquiry become a disempowered and fully secret inquiry, his credibility as an attorney-general who can stand up for the rule of law will be severely damaged," Haneef's lawyer said.
The AFP has a track record of failing to meet their legal obligations, he said, pointing out that it had failed to provide Haneef with a lawyer when requested and had only handed over the transcripts of his police interview last week.
Judge Clark had earlier expressed helplessness over the fact that a large part of the proceedings of the inquiry could not be published.
"Faced with the need to advance the investigation, which has already been significantly delayed, I felt that I had no choice but to advise the attorney-general that the inquiry will be unable to proceed effectively unless it is able to withhold publication of a large part of the proceedings," Clarke had said.
Attorney-General Robert McClelland, "recognising the difficulties facing the inquiry has accepted my advice," he said, admitting that the step will disappoint the 28-year-old Indian doctor and others.
The Australian police had received severe flak for its handling of the case of Haneef, who was kept in detention for three weeks following his arrest at Brisbane airport on July 2, 2007, in connection with the failed London car bombings, only to be absolved later of terror charges.