http://www.news.com.au/dailytelegraph/story/0,22049,23143442-5001028,00.htmlTHE first Australian official to gain access to former terror suspect Mamdouh Habib after his arrest in Pakistan says his transfer to Egypt was a known possibility from the outset.
And the ASIO officer, known by the pseudonym Paul Stokes, has told the Federal Court that American authorities tipped Pakistan off to Mr Habib's activities, prompting his arrest.
Mr Stokes said he interviewed Mr Habib in Islamabad on three occasions in October 2001 following his arrest.
He is the first official to testify that Australians knew of Mr Habib's movement to Egypt prior to it occurring.
Giving evidence via videolink from a remote location in Sydney's CBD, Mr Stokes said the Egyptian authorities were always interested in gaining access to Mr Habib, who was born in Egypt.
"The issue of what might happen to Mr Habib was raised, discussed, considered from the very beginning," Mr Stokes told Justice Rodney Madgwick in Sydney.
"It was discussed, in the sense that it could conceivably happen, that Mr Habib could go to Egypt."
"The Egyptian authorities ... might seek his return to Egypt. Mr Habib claims Australia had prior knowledge he was going to be transferred there from Pakistan and did nothing to intervene, and that his subsequent torture by the Egyptians meant Australia had failed in its duty of care.
Before today, the Government has consistently denied all knowledge of his transfer until after the event.
Mr Stokes also contradicted consular assertions that diplomatic efforts failed to gain access to Mr Habib, saying today it was achieved via a combination of both diplomatic and security channels.
The ASIO operative said he was instructed to gain access to Mr Habib and "inquire about his activities and his purpose in his travel".
He was escorted to two of the interviews by American officials, and they also took part in questioning Mr Habib, Mr Stokes said.
It was six weeks after the September 11 attacks and all Western authorities were bracing for further terrorist activity.
American intelligence had in fact prompted Mr Habib's arrest, he said.
"I wasn't told that he had been arrested by US officers, but I was aware that information leading to his detention may have been provided by them," Mr Stokes said.
Mr Stokes said the interviews took place in houses in suburban Islamabad, about 15 minutes' drive from the embassy, and denied they occurred in the consular compound, as Mr Habib asserts.
It was unclear whether the homes were owned or leased by Australia, but Mr Stokes said he thought it unlikely.
Taking the stand in his own defence, Mr Habib said he was told at the beginning of his detention that he would be taken to the Australian High Commission, and he always believed he would end up there.
Barry Twomey QC, for the Commonwealth, accused him of making up a "pack of lies" to strengthen his compensation claim.
But Justice Madgwick said the allegation, which Mr Habib made for the first time today, complicated the question of whether he was ever taken to the high commission.
He reserved his decision on the matter, which is being heard ahead of the substantive damages trial.
Topic: Australia 'knew Habib would go to Egypt' (Read 697 times)