Panther free but scrutiny remains 
By MEGAN SAUNDERS 

July 12: Convicted hijacker Lorenzo Ervin is a free man today after 
an embarrassing federal government backdown in the face of High Court 
claims that plans to deport him were unjust.

But as the former Black Panther prepared to resume his speaking tour 
around Australia, acting Immigration Minister Amanda Vanstone 
maintained the decision was based on a technicality and further 
investigations were under way "as a matter of urgency". 

It is believed Mr Ervin's visa could be revoked a second time if 
those investigations support the Government's assertion that he is 
"not of good character".

On his release from the high-security Brisbane jail where he was 
detained since Tuesday, the American black activist called on John 
Howard to apologise for his Government's "sensationalism and hysteria".

Mr Ervin, who has travelled to 22 countries speaking on black activism, 
had his visitor's visa revoked after Mr Howard questioned the 
desirability of him entering the country.

But after High Court Chief Justice Gerard Brennan raised concerns on 
Thursday that Mr Ervin may not have received natural justice, 
solicitor-general Gavin Griffith QC made a surprise appearance 
yesterday to propose that Mr Ervin's visa be reinstated.  The 
Government would also pay Mr Ervin's legal costs.

The controversy over the Government's treatment of Mr Ervin sparked 
almost a week of protest by human rights groups and concern that the 
Government was restricting freedom of speech.

Senator Vanstone yesterday maintained the return of the visa was not 
a backdown.

She said the decision was not based on the issue of Mr Ervin's "good 
character" but reflected the fact that he "was not afforded 
appropriate procedural rights in the original decision that I made 
to cancel his visa".

Senator Vanstone also dismissed a claim made by Mr Ervin in his 
defence that he had received executive clemency from the Bush 
administration for the hijacking. She said the US Justice Department 
had advised that was not the case.

"The decision today has no bearing on the real issue of this matter, 
namely, whether or not Mr Ervin is a person of good character," she 
said in a written statement.

"The Government is now considering, as a matter of urgency, its 
approach to resolving the matter."

Neither Senator Vanstone nor the Prime Minister would make any further 
comment.

Mr Ervin, who was brought to Australia by national anarchist group 
angry People, said he was elated that the judiciary had upheld proper 
legal process.

"The fact that I've been all over the world and never had any sort 
of harrowing experience like this tells me that there is a problem 
with the conservative Government here," he said.

"However, it's really a shame that a person cannot ever live down a 
political past."

Mr Ervin's solicitor, Terry Fisher, said after the hearing that the 
decision had been a significant victory for the courts.

"The wider issue is the fact that the courts are paramount over the 
decisions of ministers in this country and this government has the 
attitude that they can simply make decisions . . . and exclude the 
courts from looking at it," he said.

"In the last couple of days it's become quite clear that the High Court 
is not going to be intimidated by the tactics of bully politicians."

Counsel for Senator Vanstone, Bob Gotterson QC, was forced to withdraw 
an argument on Thursday that the legality of the minister's decision 
was not within the High Court's jurisdiction.

Sir Gerard immediately discarded the argument as inconsistent with 
judicial review and said it was of the "greatest constitutional 
importance" that the court had the authority to review unlawful 
government decisions.