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The Guardian - AU
The Guardian - AU
National
Paul Karp and Amy Remeikis

Labor thought it could prevent release of 92 indefinite detainees by freeing one rapist, documents suggest

Clare O’Neil
An email calls into question a claim by home affairs minister Clare O’Neil that the government was advised it was ‘likely’ to win a landmark high court case on indefinite detention. Photograph: Lukas Coch/AAP

The government considered releasing the man who sparked the landmark ruling on indefinite detention – even though he raped a 10-year-old boy – in a bid to stave off the high court challenge that led to the release of 92 others.

According to documents published by the high court, on 26 May an assistant secretary in the home affairs department wrote to the offices of both ministers responsible in an email titled “NZYQ v Minister … indefinite detention / Al Kateb challenge … proposal to reconsider exercising ministerial intervention powers under the Act in light of litigation risk”.

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