Conservative, traditionalist jurist takes dim view of security-mongering

The Federal government is preparing to prosecute a man who "is accused of working with the suspected French terrorist Willy Brigitte for five months last year to target the national electricity grid and bomb Sydney military sites." The prosecuters want to clamp down on the court's security.

Security measures requested by the prosecutors include

"that all documents be kept in safes - there was even discussion whether the courtroom floor could take the weight - and transported in "security-endorsed" briefcases. Another of the 15 requests signed by the director-general of ASIO, Paul O'Sullivan, is that transcripts be done on "secure" government-supplied laptops by "security-cleared" staff. The Director of Public Prosecutions also wants barristers to go through metal detectors, ceiling lights in the court removed so bugging devices cannot be placed there and the courtroom swept daily by electronic equipment."

The requests, which the Commonwealth prosecutor Richard Maidment, SC, said were necessary to comply with the Federal Government's National Security Information (Criminal and Civil Proceedings Act) 2004, have raised concerns about the prospects of a fair trial. Mr Maidment indicated he expected the federal Attorney-General, Philip Ruddock, to issue a certificate before Monday seeking that the bulk of proceedings be heard behind closed doors in the interests of national security. It could mean the evidence will never be made public.

Justice Anthony Whealy expressed several concerns yesterday, including the need to make very clear to any jury member that the security measures should not prejudice the accused. "My preference is, as a conservative traditionalist, that in a sense what should happen should happen in open court."

"I do think that I have to run this court … that's what's concerning me," he said. "I'm very happy that we're doing this in open court. I'm very happy about that."

Judge questions security blitz in terrorism trial