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Terrorism laws: prevention is better than cure : Comments
By Philip Ruddock, published 23/9/2005Philip Ruddock argues it is better to have terrorism laws in place before an attack rather than after.
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I find the non-sectarian style and content of your argument a welcome change though I don't necessarily agree with it.
Granted the IGIS (who I think is considering the Parkin case) the Ombudsman and other "accountability mechanisms" would usually be too little too late to handle the exercise of many ASIO powers.
By lack of judicial oversight are you objecting to cases where ASIO doesn't need a judge's warrant (to exersise some of its powers) or are you saying ASIO would need to run a court case before it was permitted to act.
For example if a person (say "John Smith" in this case a non-Muslim) were given the opportunity of recourse to a court wouldn't this effectively disable some of ASIO's powers.
Would ASIO need to prove its right at 4am to detain John Smith incommunicado before he can give his accomplices outside the signal to set off a bomb?
Or could the judge and other learned persons "on balance" after due consideration, give ASIO this permission in some cases after the bomb has been detonated?
Seperately is there a risk that politically motivated extremist groups (say they are financed indirectly by Saudi Arabia's aristocracy) may be given the opportunity to sue ASIO after each raid?
With deep pockets (from oil money) these groups can run long court cases against the government. The oil money connection is not incidental as it no doubt indirectly financed the Bali and Jakarta bombings against Australians.
Court cases (and other forms of judicial oversight) may well make many lawyers rich, but, wouldn't they also hamstring many in ASIO from effectively preventing explosions?