Ben Saul, the director of the Centre for International and Global Law at Sydney University, says the Inspector-General of Intelligence and Security inquiry is necessary.
"It's appropriate for the Inspector-General to look at whether disciplinary proceedings within ASIO itself should be launched, but also even the broader question of whether a criminal prosecution would be appropriate," he said.
The judge in the case did raise the prospect that the ASIO agents had behaved criminally. Dr Saul says a police investigation may follow.
"In this case it would be appropriate for the federal police or the New South Wales police to launch their own investigation," he said.
"Probably the right time for that is after the Inspector-General's own investigation where he can use his special powers to get to the bottom of what happened."
With this case coming hot on the heels of the bungled handling of the investigation into Dr Haneef, Dr Saul says a disturbing trend is emerging.
"It certainly suggests that there's been a kind of cultural and political pressure within the intelligence agencies to get results on terrorism investigations," he said.
"That has seemingly translated into some sloppy intelligence gathering, and in some cases seemingly excess use of statutory power."
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