High profile barrister Geoffrey Robertson blasts Govt over Kazal ICAC case

High profile barrister Geoffrey Robertson KC has launched a blistering attack on the Australian Government, demanding it does the right thing and compensate Sydney businessman Charif Kazal who was wrongly labelled corrupt after an ICAC probe.

Charif Kazal, with his wife Agnes, is demanding the Federal Attorney-General act immediately to clear his name after he was wrongly called corrupt by ICAC. Picture: Patrick Woods.

High profile lawyer Geoffrey Robertson KC has accused the Australian Government of having “disdain” for human rights after trying to “wriggle its way out of its duty” to compensate Sydney businessman Charif Kazal who was wrongly labelled corrupt.

In a scathing submission, the Australian-British barrister said Australia “has fought this case for six years, admitting at the outset that it has caused pain and suffering to Mr Kazal”.

“So what happens now? Must Australians simply live with the fact that the present government, for all its protestations of compliance with human rights norms, is actually dishonest on this question and ratifies human rights treaties without any intention to comply with them or with the decisions of their adjudicative bodies?”

Mr Kazal was labelled corrupt by ICAC 14 years ago but never charged with any offences.

He took his fight for vindication all the way to the United Nations where Mr Robertson successfully argued that Mr Kazal’s human rights had been breached by the anti-corruption watchdog.

High profile barrister Geoffrey Robertson KC has accused the Australian Government of having “disdain” for human rights after trying to “wriggle its way out of its duty” to compensate Sydney businessman Charif Kazal who was wrongly labelled corrupt.

The Human Rights Committee decided that Australia was in breach of Article 17 of the Convention by the action of ICAC in finding that Charif Kazal “could” have committed a criminal offence.

He was thereafter referred to in local newspapers as a “Sydney businessman found to be corrupt.”

Mr Robertson said that in its original submission the Government acknowledged that the complainant’s “life and reputation” have been “unfairly damaged” and that reforms are required to “address shortcomings in state integrity bodies.”

He said that Mr Kazal “had every reason” to expect Australia would fulfil its obligations under the Convention in the event of a direction from the tribunal.

In November 2023 The UN gave the Australian Government 180 days to report back on its proposal regarding a suitable high profile public apology, adequate compensation and reparation for Mr Kazal and affected parties, and their plan to “implement measures to ensure they prevent similar violations ever being repeated in the future”.

Charif Kazal, with his wife Agnes, is demanding the Federal Attorney-General act immediately to clear his name after he was wrongly called corrupt by ICAC. Picture: Patrick Woods.

But that deadline has come and gone, without a peep from any politician in the position to offer an apology.

Mr Robertson, in his submission in response to Australia’s observations in follow-up

Procedure, said Australia is entitled to “one last chance to comply, and thus avoid the

international obloquy that will follow from its disdain of the UNHRC judgment”.

He urged the Attorney General’s department to engage with Mr Kazal, “who is willing (as he has been ever since the decision was handed down) to enter into it”.

“He will supply an account of his legal expenses in taking this and other actions to clear his name, so that a sum for “adequate compensation” can be agreed.

Charif Kazal wants to clear his name. Picture: Patrick Woods.

Mr Robertson said his client would also submit a list of his and his family’s losses that can be causally attributed to the government’s publication of its allegation of his potential guilt, and business dealings that have been cancelled as a consequence.

The government will be able to bring its own expert to this dialogue and a compromise should be possible.”

The Attorney-General Mark Dreyfus has been contacted for comment.

Margaret Cunneen SC told the Sunday Telegraph this week: “I have analysed many of the cases pursued under the regime in place before ICAC’s reform in 2017. The unwarranted persecution of Mr Kazal and his family is among its worst abuses of power, as a former ICAC Inspector found. Yet there has never been so much as an apology.”

Chris Merritt, vice-president of the Rule of Law Institute of Australia, told the Australian Newspaper earlier this year that while the Government “is free to ignore the human rights abuse inflicted on Kazal, to do so will damage this country’s standing on human rights and play into the hands of our adversaries”.