Abstract
This discussion puts forward the argument that the failure to devolve specific evidence on which the Director of Public Prosecutions sought to detain and later charge Dr Mohamed Haneef represents a clear miscarriage of justice. Fundamental principles of natural justice require an accused perpetrator to have available the evidence for which accusations of wrongdoing are based unless there exist reasons for the contrary. National security was given as a reason for not disclosing the evidence. Matters of an evidentiary nature were not provided to the accused or the accused’s legal council, yet the same evidence was used in secret to obtain prolonged periods of detention. Haneef's case when viewed from a human rights perspective, reinforces the need for the rules of evidence to be carefully assessed on balance of the individual's rights versus the perceived threat to national security.
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Res Judicata: contemporary issues in administrative and public law
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1
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2206-3145
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Issue
2
Pages Count
7
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