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The Federal Government is defending the laws used to hold the Gold Coast-based doctor Mohammed Haneef since his arrest earlier this month.
Yesterday the 27-year-old was charged under new Australian counter-terrorism laws for "recklessly providing" his mobile phone SIM card to people planning car bomb attacks in the UK.
They have denied that he had any intention of providing support for a terrorist act when he gave away his mobile phone SIM card.
Haneef's younger brother,...
Prosecutors conceded the offence was perhaps at the margins but by no means insignificant, with a maximum penalty of 15 years' jail.
"The specific allegation involves recklessness rather than intention," Australian Federal Police Commissioner Mick Keelty said.
The magistrate also said there was no evidence the SIM card was actually used in a terrorist attack.
Taking into account that Dr Haneef had surrendered his Indian passport, Ms Payne allowed bail on condition he provide a $10,000 surety and report to police three times a week.
Prosecutors had opposed bail on the grounds Dr Haneef was likely to flee the country, even though he had surrendered his passport.
IMMIGRATION Minister Kevin Andrews used the character test contained in Section 501 of the Migration Act to cancel Mohamed Haneef's visa.
Under the Act, a person fails the character test if they have had an association with a person reasonably suspected of criminal activity.
This is separate to the criminal charges against Dr Haneef of recklessly supporting a terrorist organisation.
"Today I've exercised my powers under the Migration Act to cancel the visa of Dr Mohamed Haneef," Mr Andrews said yesterday. "Based on information and advice I've received from the Australian Federal Police, I reasonably suspect Dr Haneef has had an association with persons involved in criminal conduct, namely terrorism."
It is possible Haneef would have remained in indefinite custody if the lack of evidence against him had not been exposed last week. The report in The Australian forced the AFP to put up or shut up.
In the meantime, a respected medical practitioner, whom Prime Minister John Howard has repeatedly stressed deserved the presumption of innocence, is to be caged like a criminal in the Villawood Detention Centre.
Haneef has already had a fortnight of worldwide vilification and police custody without charge, amid exhaustive Australian Federal Police investigations.
Brisbane magistrate Jacqui Payne ruled in Haneef's favour in a bail application that had turned on matters including the exceptional weakness of the AFP case