[asia-apec 1190] NZ/APEC: Activist not backing down

[Gatt Watchdog]

Christchurch Star, Friday July 9 1999

Activist not backing down
By Marianne Betts

A ground-breaking case against the Security Intelligence Service
will continue, despite a ruling from the Court of Appeal to keep
documents relating to the bungled break-in of a Christchurch
activist's home secret.

Aziz Choudry, who is suing the SIS for $300,000 after a break-in
at his Sockburn home three years ago, during the Apec Trade
Ministers meeting, said he would continue with his civil case
regardless of the ruling.

"I won't back down on this and will have to see where we will go
from here," Mr Choudry said.

He said he had asked the court to review 60 secret documents
relating to the botched break-in which the SIS had refused to
disclose.

Four of the five judges ruled the SIS did not have to disclose
these documents and that a certificate by Prime Minister Jenny
Shipley saying their release would prejudice national security was
sufficient to prevent the High Court judge in the case from
reviewing the documents.

Mr Choudry said he was disappointed by the judgement, which would
fuel anxieties about the service.

The Apec Monitoring Group, of which Mr Choudry is part, feared the
judgement gave the SIS and the Prime Minister protection from any
real scrutiny of their activities and allowed them to keep secret
information they deemed to be prejudicial to their activities.

Spokesperson for the group Leigh Cookson said the judgement was
disturbing, coming in the year New Zealand is to host the Apec
forum.

"Any assurance given that the opponents of Apec in 1999 will have
their right to dissent respected can only be treated with
suspicion and contempt," Ms Cookson said.

The majority decision from four of the five judges said the
judicial inspection of the documents would be unlikely to advance
matters responsibly.  Justice Thomas disagreed, saying national
security would suffer.