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Tonight - Dr Haneef wins

again, but the government is

unapologetic. I acted in the

national interest, and I acted

for the national security of

Australia. Walking on

sunshine, thanks to a booming

budget surplus. This is

building for Australia's

future. Bernie Banton's new

fight for life. I feel like I've been kicked in the

gutses. And class action.

Sydney students planing to

strike during APEC. Students

should be at school learning,

not being used in a protest by

some of these feral groups.

Good evening. Juanita

Phillips with ABC News. First,

he was wrongly charged, now it

turns out he was wrongly

stripped of his work visa.

Mohammed Haneef is a step

closer to returning to

Australia tonight, after a

victory in the Federal Court. A

judge has ruled that the

Immigration Minister made a

mistake when he withdrew the

Indian doctor's work visa on

character grounds. Dr Haneef's

lawyers are claiming victory

but they still face significant hurdles if getting their

client's visa back. National

security correspondent Leigh

Sales. Unlike his high profile

home coming last month, today

han hap han kept a low profile

on the advice of his lawyers, leaving the public commentary

to others. We've won round 1

and we understand we have to

wait for round 2. In July, the Immigration Minister withdraw

the doctor's work visa. Kevin

Andrews acted on character

grounds saying he had a reasonable suspicion that Dr

Haneef had associated with

terrorists. Even though the

charges were dropped the

government didn't reinstate the

visa. Today the Federal Court

ruled that Mr Andrews applied

the wrong test when he made the

decision. I acted in the

national interest and for the

national security of

Australians. I make no apology

about that whatsoever. Today's ruling doesn't necessarily mean

Dr Haneef can return to

Australia. The government will

appeal. The minister's also

allowed to find a different

reason to withhold the visa,

and hasn't changed his mind

about Dr Haneef based on secret

evidence he has seen. I have a

great level of suspicion.

What matters is that you have

public confidence in the

immigration and anti-terror

laws. And that's why we need to

have a full, independent

judicial injury into the

government's handling of this

matter. Many unanswered

questions surround the Haneef

case, including why authorities

gave a court false information

that the doctor's SIM card was

found at the scene of a terrorist attack.

And Leigh Sales joins me now

in the studio. What's going to

hap now? Well, firstly, the

government will appeal and it

will go to the full bench of the Federal Court and then depending what happens there,

it will go to the High Court.

These sort of high profile

cases, this one obviously deals

with immigration law, we've

also seen some dealing with the

new terrorism laws. They tend

to be going right wait through

the system because they're very

important precedent-setting

cases and so lawyers want to

test them out. There is a

question with this one, though,

of how much longer Dr Haneef

will want to keep pushing

things. His lawyer indicated

today that his family perhaps

thinks it's not a good idea to

come back to Australia anyway.

So at some point he may decide

enough is enough. There are

still a lot of questions about

what toolly went on in this

case. Will we ever get the full

story? Probably not. The

opposition wants a judicial

inquiry, but the government

would have to instigate that,

which seems unlikely. Now, if

Dr Haneef's lawyers make a

formal complaint to the

Commonwealth Ombudsman, he

could investigate. But he would

have to wait out any court case

so we don't know how long

some of the information that I that's going to take. Also,

think would be of most interest

to people, say, for example,

the SIM card and where that

actually was and why this wrong information came forward, that

would most likely be kept classified so we probably wouldn't plern what actually

happened there anyway. Leigh

Sales, thank you. John Howard

is rolling in cash, he has a

whopping budget surplus of more

than $17 billion. But rather

than spend the money the

government says that the

proceeds will be invested in

education and state-of-the-art

medical equipment. The

announcement overshadowed

another poor poll result for

the coalition and the Prime Minister. More than a little

ray of sunshine. Down in the

polls, John Howard may be, but

still with a spring in his

step. And no wonder. Because

his surplus is now an ocean of

cash. 17.3 billion, 3.7 billion

more than estimated at budget

time. Things have come a long

way and we'll take them

further. The government will

invest rather than spend the

bounty. The Future Fund gets an

extra $1 billion, guarantees

that years ahead of projections

superannuation liabilities will all public servant and military

be met. As long as it's locked

down, as long as Mr Rudd

doesn't get his grubby paws

Education Endowment Fund wins into it. The Higher

an extra $1 billion. Peter

Costello also announced yet

another such fund, the health

and medical investment, $2.5

million will be earmarked for medical technology. Which will

put Australia at the cutting

edge of health treatment. A

drop in the bucket says Labor

compared with the overall

health budget of $43

billion. It's a very tiny

amount relative to the total

cost of our health system.

Nevertheless, with campaign

largesse still to come, this is

a brutal glimpse of the power

of incumbency in good economic

times. A sign this election is

far from over, despite public

opinion. Today's Newspoll has

Labor maintaining an

election-winning lead, with the

coalition's primary vote stuck

below 40%, and Kevin Rudd

further ahead as preferred

Prime Minister, despite his New

York nightclub caper. The strip

club affair has done no damage

to Kevin Rudd's popularity.

And two deeper analyses of the

trend of the major opinion

polls shows the government well

behind, but steadily gaining.

With billions still in the

piggy bank for campaign

spending the Prime Minister

could be forgiven for thinking

after all. all that glitters may be golden

The man who was the public

face of the James Hardie

compensation case is now facing

a personal fight, this time for

his life. Bernie Banton has

been diagnosed with an

aggressive cancer, almost

certainly a legacy of his work

for James Hardie. The prognosis

isn't good, but Mr Banton says

he will fight on for more compensation. Bernie Banton

knew something was wrong last

week when his stomach

swelled. Can I tell ya, it was

like having a bowling ball

inside my stomach. By Friday

he was told he had an

aggressive abdominal cancer.

Peritoneal mesothelioma. I was

shattered. Absolutely no other

word for it. Shattered. I just

never, ever saw it coming. His

doctor says this cancer is

almost always asbestos related

and very rare. The incidence

rate of peritoneal mesothelioma

is about one in a million. The

former James Hardie employee

first confronted asbestos

related illness eight years ago

when he was diagnosed with

asbestosis and pleural disease. I've got the triple

wham yaipd I have meso now.

For six years he he battled

James Hardie Industries for a

compensation fund for asbestos

victims, a battle finally won

in February. It only underlines

the importance, Bernie's

circumstances, of achieving

compensation for people who are

stricken with these asbestos

related diseases. While Bernie

Banton received a settlement

for his other conditions, he is

now pursuing compensation for

this latest illness to provide

for his family. He got a

settlement for his conditions

of pleural disease and asbestosis but reserved the

right to make a further claim

in the event he got lung cancer

or peritoneal mesothelioma. A

James Hardie spokesman says Mr

Banton will ultimately receive

whatever he is entitled to.

While Bernie Banton is well

aware he is up against a

formidable illness he says he

will do as he has always done and battle this head-on.

A P plate driver is facing

up to 10 years in jail over the

death of his four friends near

Byron Bay last year. Today, he

sat in court with head bowed

before asking the magistrate to

be tried as an adult. It's a

move that's been welcomed by

the dead boys' grieving

parents. It was relief of

sorts for the parents to know

that the teenager charged over

their son's deaths will be

tried as an adult. Over the

past two days, they've heard

the P plate driver was

travelling at high speed as he

overtook a Commodore packed

with drunk friends, on an

S-bend in the wet. Those

grieving are finding it hard to

suppress their anger. In no way

shape or form are we here to

support the driver of the car. We're here to support each other and the four boys who

died that night. A teenager

who was in the boot of the second car described how he

discovered the bodies of his

friends at the crash scene. He

said the driver walked up the

hill, I asked him "Where's the

boys?" He just pointed at the

car. There were tears in court

as the young witness said he

rang into the ditch to help his

friend. He asked for a knife to

cut the seatbelt off Paul. Blad

samples taken from the driver

of the car revealed no trace of

alcohol or drugs. The teenager

asked the Children's Court to

commit him to stand trial as an

adult. He stood and faced the

magistrates as she told him

there was enough evidence to

satisfy a jury he'd been

driving dangerously. Absolutely

everyone is devastated. It is a

sickening feeling, and this is

only the beginning. The

District Court will get a lot,

lot harder. The P-plater will

be asked to enter a plea when

he appears in the District

Court next month.

In the State's south, a P

plate driver on a suspended

licence has been killed during

a police chase. Early today,

the 19-year-old lost control of

his car and crashed into a tree

at Albury. Three of his passengers were taken to

hospital. Another was arrested

trying to escape the scene.

Police have started an internal

investigation. A man charged

over a rock athak that

critically injured a young

woman has come face-to-face

with her parents. 25-year-old

Peter Hodgkins appeared in

Woolongong Court accused of

throwing a rock at a car in

which Nicole Miller was a

passenger. The injuries left

her with a fractured scum. The

22-year-old is speaking again

but is having trouble moving

her left side. It will be a

slow process but she is in a

rehab ward now and she is

working hard. Hodgkins' bail was continued. He is due back

in court in October. It was a

story that shocked the nation.

A father accused of drowning

his three young sons on

Father's Day two years ago.

Today, Robert Farquharson went

on trial. Prosecutors say he

deliberately drove his car into

a dam near Geelong to kill his

sons but his lawyer says it was

just a terrible accident. The

prosecution told the court Robert Farquharson's crime

turns on its head the notion a

father would do anything to

protect his children. Farquharson was driving his

sons to his estranged wife's

house after a Father's Day trip

to Geelong, when his car

suddenly veered off the Princes

Highway into a dam. He

maintains he had a coughing fit

and blacked out. The bodies of

10-year-old Jai, 7-year-old

Tyler and 2-year-old Bailey

were found inside the car 7m

below the surface. Today the

boy's maternal grandparents sat

next to Farquharson's sister in

court. Prosecutor Jeremy Rapke

QC side investigators found no

sign of any braking. He said

the car made three separate

steering operations on its path

to the water's edge, indicating

the driver was in control. But

Peter Morrissey said the defence will dispute that

evidence. He appealed to the

jury to stick to the facts. The

defence also says that

Farquharson loved his kids and

would never hurt them and that

he says he tried to to dive

down in the dam to save them

but failed. The court also

heard a friend of Farquharson

will testify that the accused

man told him he wanted to get

back at his wife by taking away

what was most important to her. The trial is expected to run

for a month.

Qantas has admitted that a

staff member who was inspecting

planes and passing them as safe

to fly wasn't qualified to do

so. The engineer was employed

by Qantas in 2002 as a fourth

year apprentice but an upgrade

to his qualifications last year

is now being questioned. Qantas

won't reveal exactly how the employee convinced the company he had the necessary

training. He was carrying an

inappropriate licence from CASA

that had some irregularities

around it which we

investigated, and from that, we've launched a full

investigation with CASA and the

Federal Police. Qantas says

it's checked all of the planes

the man dealt with to make sure

they're safe. The premier has

given school students a stern

lecture: don't strike during

APEC. Morris Iemma says

youngsters are being exploited

by feral protesters urging them

to demonstrate against George

W. Bush in Sydney next month.

Organisers insist that any

protests will be peaceful, but

the government's not convinced.

It's worried that students

won't be safe if things turn

violent. 15-year-old Rainee

Lyelson hopes to join thousands

of other students protesting

against President Bush's visit

to Sydney. Go to all my classes

on Wednesday, leave just before

sport and go to the

strike. September 5, protest

George W. Bush. On a school

day? Yeah, walk out of school!

It's a message being delivered

to students all over Sydney.

The government claims they're

being led astray. Wednesday, 5

September is a school day and

the students should be at

school, learning, not being

used in a protest by some of

these feral groups. I don't

think it's feral groups. I

think they have some really

good ideals. But the Education

Minister, John Della Bosca, is

worried about students'

safety. The protest can become

violent and they should stay away. We're confident the

protests will be peaceful.

Already, protesters are in

dispute with the police over

the proposed route of their

march on the Saturday of the

APEC weekend. Protesters want

to demonstrate in the centre of

the city. Police want them well

out of the way. Protesters have

been told they're not allow

anywhere near the US Consulate

in Martin Place. Instead,

police want them to march to

the Domain and that's angered

protest y. Most of the route is

not in the public eye.

Whatever the warnings, young

people like Rainee Lyelson are

determined to have their say.

Tonne's top story - the

Commonwealth will appeal a

court ruling that Mohammed

Haneef was wrongly stripped of

his work visa. And still to

come - rabbits in the

spotlight. Why South Sydney are

rugby league bunnies no longer.

East Timor's Fretilin Party

has accused Australian troops

of inflaming tensions by

stealing some of its flags. The

Australians have apologised and

they've returned the three

permission as they passed flags they took without

through the village of Bercoli

on Sunday. I have, however,

talked to Dr Alkatiri last night and offered him my sincere poll jees. I have

talked to the President and offered him my sincere apologies and they both

acknowledge this is an isolated

incident and doesn't detract

from the good work that the

international stabilisation

force is doing at the

moment. But Fretilin says the

men's behaviour was

unacceptable. On one occasion,

a soldier was seen to have

grabbed a Fretilin flag and

gestured towards nearby youths

as if he was wiping his rear

end with the flag. Fretilin is

disputing the appointment of Xanana Gusmao as Prime Minister. It's accused

Australia of meddling in the

country's political affairs.

Forecasters have upgraded

Hurricane Dean to the highest

possible rating, a Category 5,

as it bears down on the Mexican

coast. Tens of thousands of

people have been evacuated from the Yucatan Peninsula. They

include tourists who had to cut

short their holidays in resort

areas like Cancun. Emergency

shelters have been set up for

locals and for any tourists who

missed the last flight

out. No-one is willing to sell

you even a business-class

ticket or a first-class ticket.

All the ticket offices are shut

down. The hurricane increased

in intensity as it passed over

warmer Caribbean waters east of

Mexico. The storm hit Jamaica

yesterday and residents there

are now cleaning up. At least

11 people have been killed by

the hurricane. Area safety

investigators are sifting

through the wreckage of a

Boeing 737 which caught fire

and exploded at an airport in

southern Japan yesterday. Newly released pictures of the fire

show just how narrow an escape

it was for the 165 people on

board the plane. The passengers

slid down emergency chutes just

in time with the fire right

behind them. And the crew

jumped from a cockpit window,

just as the fuel tanks exploded. Experts are

investigating reports that a

faulty pump might've leaked jet

fuel onto the engines which

were still hot from the plane's

landing. Finance now. The

markets continued today. recovery on global share

The local share market has

now got a bit more than half

the correction back. 488 points

out of a total fall of 944,

taken from the peak on July 24

to that very deep trough at Thursday lunchtime. By

comparison, the US market has

recovered 40% of its

correction. Today, the All

Ordinaries index closed .9%

higher, BHP Billiton and Rio

Tinto went up about 1.5% each,

Telstra surged more than 3% and

QBE also had a big day, it was

up 3.7%. The US market had a

much more subdued session,

about which the best you could

say is that it didn't fall.

There were some big gains in

Asia today, but not in the main

markets. Japanese shares went

up 1% but Thailand and Malaysia

's share markets jumped 4.4%

each. The one dollar continued

firmly back above 80 US cents. to recover as well and is now

On commodity markets, tin was

the big mover, rising 6.4%,

while the oil price in New York

dropped more than 1%. And on

the subject of oil - tonight's

graph is something a bit

different. First, this is the

long-term graph of the petrol

price. And this is the number

of petrol thefts in Sydney. Unsurprisingly, the dearer

petrol gets the more people

drive off without paying. But

what you might not have

expected is that higher petrol prices also mean more

numberplate thefts, because

your service station scarperers

pinch numberplates to put over

their own for the security

cameras. And finally, the

government today announced the

budget surplus for the

financial year just finished,

$17.3 billion. Once again, last

year's budget papers were all

wrong and even the estimate

three months ago was 27% out.

Don't know why we bother!

Rising debt levels and easy

credit - it's a formula that's

left more and more Australians

struggling to repay loans. Now

consumer groups are worried

about a new source of fast

cash. They're called payday

lenders, shopfront loan

agencies accused of exploiting

desperate borrowers. Claudette

lives on social security

benefits in Hastings just

outside Melbourne. The mother

of three recently took out a loan to get on top of a few

bills. She says she only wanted

$500, but claims she felt

coerceed into borrowing $2,000,

without being told the interest

rate or loan set-up charges. I

was in shock! I couldn't

believe it! I thought borrow

2,000 and pay back 5,500! Her

lawyers say she'd been drawn in

by the promise of a fair

loan. They're not being told

about the fees and charges and

the interest rate that applies

upfront really clearly. The company, Amazing Loans, is just

one of dozens of businesses

that have exploded onto the short-term credit market,

offering fast, easy

cash. People in those

situations who want quick money

want it desperately, and often

rush in without understanding

exactly what the downside is.

Credit laws covering money

lenders vary from State to

State. Most have a 48% cap on

interest rates, but a loophole

means lenders can increase

their profit margin by huge

amounts. We see fees and

charges of thousands of dollars

on a small loan, which can mean

the effective interest rate is

up to 800, 1,000%. New South

Wales is the only State where

the interest rate cap includes

all fees and charges. Amazing

Loans plans to open 70 new

branches by the end of 2008,

mostly in Victoria and

Queensland. The company hasn't

returned phone calls. Consumer

advocates say while these fast

cash companies do reveal the

interest rates and loan set-up

charge, it's often in the fine

print, which desperate

borrowers may not take the time to read.

South Sydney is on the verge of reaching the rugby league

finals for the first time in 18

years. Last night, the club won

its most important victory of

the season, coming from behind

to beat Manly with three

second-half tries. Not even a dip in the ocean is enough to

cool off the excitement in the

South Sydney camp. The club's

been acustomed to making an

early booking for their end of

season trip, but with two

rounds till the semis, even

Souths' success starved

veterans are feeling

optimistic. I hope we're not

just content to make the semis.

Once we get there, it would be

a shame just to stop there.

There were moments against man

plea when the Rabbitohs looked

more like the team of the past. Poor defence allowed the Sea

Eagles to open a commanding

18-6 lead. But the Rabbitohs'

new-found confidence under

Jason Taylor resulted in a

rousing comeback. The

Longreach of second rower John

Sutton levelled the scores,

then a deft chip from

five-eighth Ben Rogers secured victory. Eventually he was

very, very satisfying. The

Rabbitohs' closest rivals the

Roosters have appointed Brad

Fittler as coach for the next

two seasons. With four wins in

his first six matches as caretaker coach, Fittler

believes he can make the club a

contender for the premiership

next season. A good roster

there, got Mark O'Meley coming

who himself has a lot of

presence and someone we need

with our props. So I can't see

why not. Former Queensland

halfback Adrian Lam was agreed

to become Fittler's assistant.

The Australian men's

basketball team is just one win

away from the Beijing Olympics.

They beat New Zealand 79-67 in

the opening game of of their

three match series. After a

slow start the Boomers took Ang

advantage of some sloppy New

Zealand ball handling to take a

6 point lead at half-time. The

Australians were never troubled

in the second half. The Russian

based forward David Anderson

top scored for the Boomers with

20 points. Just not getting too

carried away with ourselves at

the moment. We know game 2 will

be huge and hopefully we can

seem the series by then. They

really pushed the tempo

defensively, and you know, they

wanted it more. The second qualification game will be

played tomorrow night in

Sydney. It's not a new idea,

but is it still raises the

question, tutu or no tutu? Male

ballet dancers performing in

female attire might offend

purists but for a troupe of New

York dancers about to start

touring here, it's the ultimate

challenge. What do male

dancers have to do to get the best ballet roles usually

reserved for ballerinas? Become

one! The men are stuck behind

them picking them up, and

carrying them around the stage

and the women get to sit on

their shoulders and make the

good lines! (Laughs) And while

the lifting may be hard work,

it's a skill that's usually

mastered by ballerinas, dancing

on pointe, that provides the ultimate challenge. The male

build makes it extremely

difficult and the opportunity

to push the body to the limit

has attracted male dancers from

some of the world's best

companies, including the

Australian Ballet, to Le Ballet

Grandiva from New York. You're

able to really take chances

that you normally wouldn't take

and sometimes you can do things that are extraordinary that you

might not normally achieve on

stage 'cause you're not willing

to take that gamble. I wanted

to have the experience and

train my body to get stronger,

lengthen the muscles in the

legs, and just feel what it was

like to dance on pointe and

then once I had joined I

realised, oh I actually have to

wear a tutu and make-up now.

They say it's not drag and the

focus is on nt dancing but

mixed in is humour to help the

audience accept men on pointe.

Men in Tutus will tour all

major centres and some regional

areas. The wild rain storms

that hit Sydney continued on to

the north east of the State

overnight but no major

damage? It was a lucky escape.

In fact, many of the areas have

seen up to 300 millimetres of

rainfall over a very short

period. We also saw very gusty

winds but fortunately all the

flood warnings across the area

remained minor today. The winds

and rainfall have eased.

Cloud shows the position of

that low-pressure system off

the Queensland coast. We've

also had quite a lot of

low-level cloud with a front

moving through the south-east

and the high, the front and the

low will all combine to freshen

south easterly winded along the

New South Wales coast but the

high will remain a dominant

feature across the inland. The

onshore winds will see more

showers developing along the

New South Wales coast but falls

should be light, only looking

at totals around 5 to 10

millimetres. Some more showers

for Brisbane tomorrow and another strong front moving into Western Australia.

Thanks for that. Before we

go, another look at tonight's

headlines. The Immigration

Minister will appeal against today's Federal Court ruling

that Mohammed Haneef was

wrongly stripped of his work

visa. And John Howard and Peter

Costello have announced a

record $17 billion budget

surplus, promising to invest

more in health and education.

That's ABC News for this

Tuesday. The 7.30 Report is up

next. And on 'Lateline' at

10.30, there will be a special

report on Internet predators

and the threat posed by new

technology. Goodnight. Closed Captions by CSI

CC Tonight on the 7:30

Report, Australia's solarium

boom, the quick and easy way to

get that all-year tan, but are

they safe? We don't feel that

solariums are bad for people. Solariums are

dangerous. They deliver five

times the dose of UV radiation

than the midday sun. One

woman's deadly warning. I've

got only a few weeks to live

and I done think having a

golden tan is worth that.

Welcome to the program and

mixed news for the Government

today with another bad opinion

poll followed closely by a

Federal Court ruling to

overturn the decision by

Immigration Minister Kevin

Andrews to revoke the visa of

Dr Mohammed Haneef after an

appeal by the Indian doctor