Global Policy Forum

By Darren Goodsir

The nation's top policeman has called for the creation of an international court of terrorism and questioned whether the Bali bombing suspects would have been successfully prosecuted if the atrocity had occurred in Australia.

The Australian Federal Police Commissioner, Mick Keelty, told national security experts in Sydney yesterday that it was time to consider a special tribunal for terrorist suspects, possibly modelled on drug courts which specifically deal with addicts.

He also supported moves towards accredited lawyers for terrorist cases, because of the risks of exposing classified material and law enforcement strategies. "Is the current legislation equal to the task of bringing the perpetrators to justice if an event like Bali happened in Australia instead of across the Timor Sea?" Mr Keelty asked.

"Given the ability of our Indonesian counterparts to hold and interrogate suspects for periods longer than those specified by Australian law without laying charges and the minefield of interlocutory options here in Australia, I fear not.

"A case in point is the way the American military hold terror suspects without charge in Guantanamo Bay in Cuba. "Televised images of manacled prisoners, often hooded, have caused an outcry amongst civilian libertarians who have argued such detention is illegal. "But terrorism now is such a threat to global stability, perhaps there is a need for the United Nations or some group of international jurors to chart a course through what is emerging as a legal and operational minefield for us all.

"Just as some countries have introduced drug courts to deal with the global explosion of drug-related crime, perhaps it is time to consider whether an international court with special powers should be created to deal with terrorism."

Mr Keelty said the AFP had a "window of opportunity" to press the case for more effective measures to deal with terrorism. He also suggested a pool of lawyers "processed under existing security procedures" be chosen for defending select prisoners.

His calls come weeks after the Attorney-General, Daryl Williams, revealed laws would be introduced to protect sensitive information in cases involving espionage or terrorism. Mr Williams has also proposed that the Australian Law Reform Commission explore changes to any prosecutions involving classified material.

Mr Keelty said his opinions "might seem like harsh views, [but] the reality is that these are unusual times." "If the existing policy no longer appears to fit the criteria, then some form of trade-off is needed to better protect the nation. "I am not saying this needs to be pursued to the exclusion of interested parties such as jurors or civil rights activists. What I am saying is that all interested parties should be encouraged to develop a solution so that we don't end up as Guantanamo Bay as the only option."

Mr Keelty also revealed that a team of AFP bomb experts had been sent to Indonesia to see if two recent bombings were linked to the upcoming Bali bombing trials. He said reports suggested the trials would start on May 12. Officials were bracing for further attacks if the suspects were found guilty.

The president of the Law Council of Australia, Ron Heinrich, said he believed the criminal justice system was adequate to deal with terrorist cases.

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