News

Case to test the definition of national security



26 March 2010

Associate Professor Ben Saul commented on the forthcoming case involving the five Melbourne men facing trial over an alleged planned terrorist attack on Holsworthy Army Base.

According to reports, certificates will be issued under national security legislation that could potentially block access from next week to any evidence deemed to touch on national security.

Furthermore, the prosecutionmay havethe ability to request the court be closed, and restrict access to evidence to people who have undergone security clearance.

In an article published in The Age and The Sydney Morning Herald, Associate Professor Saul said the definition of national security was so broad defendants could be prevented from knowing the full case against them, and defence lawyers could also be excluded.

''It potentially breaches the right to a fair hearing in human rights terms … [and] undermines the public perception of fairness,'' he said.

View the entire article - Terror-case lawyer attacks government - The Age

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