Tue, 02 Nov 2004

Press release

On the 20th October I applied to intervene in the current Supreme Court case involving Zaoui on the following basis:

1) The unclearness of the statutory regime and whether the RSAA decision is stare decisis as all relevant issues were decided by its determination in Mr Zaoui’s favour. It was not appealed.

2) The arbitrary nature of Mr Zaoui’s continued detention in view of the over all delay.

3) The role of the Courts as opposed to the Sovereignty of Parliament and the peculiar constitutional arrangement in NZ that limits effective independent legislative review of the executive.

This was refused by Minute of the Supreme Court dated 2/11/04.

My comment is that at least my original International Commission of Jurists interim report, and correspondance arising, is now on the Court record and may be taken into account when this matter is heard on the 10 & 11 November.

Authorised by: Dr Michael Kidd, Barrister
221 Lincoln Rd, Henderson, Auckland, NZ
http://firms.findlaw.com/mjkidd/

ENDS

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