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Judge says ASIO officers kidnapped, intimidat -

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TONY JONES: ASIO agents apparently treated a terror suspect so badly that the case against him had
to be dropped.

They're accused of kidnapping and intimidating a medical student who was due to face trial on
charges of training with a terror group in Pakistan. But a Supreme Court judge threw out much of
the evidence, saying the two agents who gathered it acted improperly, incompetently and possibly

National security correspondent Leigh Sales reports.

LEIGH SALES: Yesterday Izhar ul-Haque was an accused terrorist, today he walked out of court a free

ADAM HOUDA, LAWYER: From the beginning this was no more than a political show trial designed to
justify the billions of dollars spent on counter-terrorism. It's been one bungled prosecution after

LEIGH SALES: In late 2003 ASIO operatives picked up Izhar ul-Haque at Blacktown train station. He
was driven to a park, questioned and then taken to his parents' house where the Federal Police also
appeared. Later Mr ul-Haque was charged with receiving terrorist training. The NSW Supreme Court
threw out much of the evidence against the Sydney medical student, branding it inadmissible because
of the way ASIO interrogated him. The court heard that ASIO led Mr ul-Haque to believe he or his
family would be physically harmed if he didn't cooperate.

(Excerpt of Justice Michael Adam's judgment)

"The ASIO agents ASIO B15 and BI6 committed the criminal offences of false imprisonment and
kidnapping at common law... their conduct was grossly improper and constituted an unjustified and
unlawful interference with the personal liberty of the accused."

The Attorney-General oversees ASIO but is undeterred.

PHILLIP RUDDOCK, ATTORNEY-GENERAL: If there is to be any judgements drawn about the conduct of
others in relation these proceedings, it would come through the proper investigations.

ADAM HOUDA: This has been a moronic prosecution right from the start.

LEIGH SALES: The mishandling of Izhar ul-Haque's case follows the disaster prosecution of Dr
Mohamed Haneef.

KEVIN RUDD, OPPOSITION LEADER: I think there are enough concerns being raised in what has come out
of the public domain so far in the Haneef case to cause people to realise we actually have to get
to the bottom of the specific application of these laws in individual circumstances.

LEIGH SALES: Neither ASIO nor the Federal Police would comment today. Leigh Sales, Lateline.