Zaoui free, but the SIS is still watching

Ahmed Zaoui calls himself a free man but will face ongoing scrutiny by the same spy agency that spent nearly five years insisting he was a threat to national security.
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In a sudden U-turn, the Security Intelligence Service dropped its opposition to the Algerian refugee's claim for asylum yesterday.

The agency lifted the security risk certificate that for more than four years had put him on the verge of deportation as a suspected terrorist.

But first Mr Zaoui had to sign a contract, sworn on the Koran, promising not to engage in any criminal acts or incite violence - and agree to subject himself to constant monitoring by the SIS.

Mr Zaoui is now deemed a refugee - allowing him to seek to have his wife and four sons join him in New Zealand to start a new life.

Questions have been raised, however, about SIS director Warren Tucker's about-turn. NZ First leader Winston Peters, a long-time critic of Mr Zaoui, said the decision advertised New Zealand as a "soft touch" for illegal immigrants.

"I find it very difficult to find how they could come to that conclusion, how someone could slide from being a risk to not being a risk."

Prime Minister Helen Clark said the decision was Dr Tucker's alone to make.

Choking back tears, Mr Zaoui told reporters he was now a free man: "I am happy, I am delighted, and I can say I am relieved, not because just that my name is cleared but the security risk is removed. I am no longer considered a threat to New Zealand."

Mr Zaoui's sudden freedom ends nearly five years of legal wrangling, which began when he arrived in December 2002 claiming refugee status.

Four months later the SIS issued a security risk certificate saying Mr Zaoui was a "threat to national security" - which was subsequently revealed to relate to convictions in France and Belgium for links to terror groups.

He was finally freed on bail in December 2004 after spending 736 days in detention without charge. He spent 10 months in solitary confinement.

That experience has come at a cost. Legal fees borne by the taxpayer are $2.3 million and rising.

Dr Tucker took the unusual step of calling a press conference - believed to be the first in the SIS' history - to announce his decision.

He reiterated that Mr Zaoui was "clearly a risk" when he arrived in New Zealand in 2002.

But three things had changed since then: Mr Zaoui had recently been more frank about previously undisclosed information, some of which could have been prejudicial to his case; the SIS had received fresh classified information about the nature of Mr Zaoui's association with terrorist groups in Algeria; and the length of time he had been in New Zealand - and his elevated public profile - mitigated some of the risks.

"Even if the SIS were to assess him as presenting a risk of substantial threatened harm, he would be highly unlikely to attempt any such activity while in New Zealand."

The recent classified information had helped him to reach the view that it was Mr Zaoui's associates who were involved in providing support to terrorism in Algeria, not Mr Zaoui.

Other factors included the United States - and one other unnamed country - granting citizenship to two associates of Mr Zaoui with links to the terror group in question.

This silenced concerns voiced by former SIS director Richard Woods that allowing Mr Zaoui to stay could damage the country's reputation. Dr Tucker replaced Mr Woods in October.

Dr Tucker refused to answer questions on whether the decision was an embarrassment for the SIS, but said parts of the Immigration Act had not worked well, and he regretted the length of time it had taken to reach this point.