In my first blog I raised concerns about the treatment of Dr Mohamed Haneef and suspects in general. Since then, Dr Haneef has been granted bail.

The granting of bail or otherwise is a decision that is based on the consideration of a number of factors, principally the person’s right to freedom pending the determination as to guilt or innocence and the need to protect the community and see that a person answers the charge that they face.

The magistrate or judge hearing the application considers the strength of the case against the accused and then assesses any risk to the community. The Court of Appeal has said that a magistrate or judge must rely on evidence to support any fear that a person will re-offend or might not show up for court.

I regularly appear in bail applications in the Magistrates and Supreme Court and overall I consider our community can have confidence in the decisions that are made. In my experience, our judicial officers, as representatives of our community, make fair and rational decisions.

The Haneef case is unfortunate, in my view. He has been through the bail process and it was decided in his favour. The government swiftly played a card in revoking his visa and thereby giving itself power to continue to detain him.

A judicial officer trusted to make the decision had only just decided there was not any evidence to detain him. The government says there is, but that decision is purely political.

Reports now say that Dr Haneef will be deported, whether he is found innocent or guilty. Again, that decision is political, but a trump card for the government.

The wrestling between politicians and judicial officers is not new. The Dr Haneef case is one that shows our government is prepared to make decisions about our freedom that do not seem to be based on evidence or the need to protect us. It must be political.

I am not a person that would condone any form of violence or terrorism, and I want the same level of protection as everyone else does in this country and around the world, however, in my opinion, we must be fair and rational, otherwise we might just become a real target for terrorism.