Informal and 'judicial' Haneef inquiry a paper tiger

Persistent use of the term “judicial inquiry” may just reflect a lack of appreciation of this matter.

Or it may be a means to create the illusion that the Clarke inquiry has the same independence, integrity and separation from the executive government as a court of law.

This is wrong in fact, wrong in law and wrong in constitutional realities.

There are a number of alternatives to the Clarke inquiry.

The Federal Ombudsman, for instance, has the same powers as a royal commission, can offer protection to witnesses, is highly regarded and has investigated similar issues.

That the Attorney-General has suggested that a royal commission may still be appointed if Clarke so advises after his investigations have progressed suggests that the Rudd Government is uncertain about the appropriateness of the present inquiry.

Setting up a royal commission midway through an existing inquiry could have adverse consequences for the outcome of the investigations.