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Scott Parkin court challenge begins
Melbourne, Tuesday 4 April, 2006: Lawyers for US peace activist Scott Parkin appeared briefly in the Federal Court today to defend his right to know why he was detained and removed from Australia in September last year.
Lawyers for ASIO had sought to strike out Mr Parkin's application on the basis that there is no legislative provision for the review of ASIO security assessments. Mr Parkin's lawyers agreed to an adjournment until May 29 to enable them to clarify that that the security assessment is being challenged on natural justice grounds.
Mr Parkin's friend, Iain Murray, said that Mr Parkin still had not been given any reason for his treatment by the Australian Government. Mr Murray called on Attorney General Phillip Ruddock to immediately release the substance of the security assessment to Mr Parkin's lawyers.
"Scott was locked up in solitary confinement, smuggled out of the country under guard and handed a $12,700 bill courtesy of the Australian Government. Eight months later, he remains completely baffled as to what he is supposed to have done to warrant this treatment," Mr Murray said.
"It is outrageous and deeply disturbing that Scott has been forced to take court action to find out exactly what he is accused of, let alone defend himself from those accusations.
"This whole episode could have come straight from the pages of Franz Kafka's novel, The Trial."
Mr Murray said that national security legislation passed in 2004 could give Mr Ruddock the power to prevent evidence relating to Mr Parkin's security assessment from being heard in an open court.
"Should ASIO act illegally, improperly or in error - for instance, by interfering with the right of persons to engage in lawful advocacy, protest or dissent - Mr Ruddock has the power to severely curtail the courts' ability to examine evidence which would bring this to light," Mr Murray said.