Separation of powers a key issue in US activist's hearing
Friday 11 July, 1997 (6:16am AEST)
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The separation of powers has become a key issue in the bail hearing
which continues this morning in Brisbane for US activist Lorenzo
Ervin.

A former Black Panther and civil rights activist was to be deported
at midnight last night after acting Immigration Minister, Amanda
Vanstone cancelled his visa.

But yesterday during the hearing Counsell for the minister, Bob
Gotterson questioned the High Court's right to overrule a decision
made by a minister.

Chief Justice Gerard Brennan said the issue was of the gravest
constitutional importance for Australia and asked Mr Gotterson to
clarify his argument, at which point Mr Gotterson withdrew the
statement.

He then requested an adjournment to confer with Ms Vanstone.
Terry Fisher, for Mr Ervin says the main question the court must
answer is whether the minister applied natural justice in making
her decision.

Questions were also raised over the legitimacy of Mr Ervin's claims
that he had been granted clemency by the U-S government over his
conviction for hijacking a plane in the 60s.

He has spent his second night in a Brisbane jail awaiting a
decision this morning.

The appeal is being heard via a video link-up to Canberra.