Hicks trial 'abuse of rule of law'

[cal04]

FORMER High Court judge Mary Gaudron believes the trial process faced by Australian terror suspect David Hicks in the United States is an abuse of the rule of law. Military commissions have been set up by the US to try detainees of the US facility at Guantanamo Bay. Hicks, formerly of Adelaide, has been in detention for nearly four years.

It has been revealed that three US military commission persecutors have resigned over concerns the commissions process is flawed and the outcomes rigged. Ms Gaudron, who retired from the High Court in 2003, said the process conflicted with the nature of Western society. "(Prime Minister John) Howard says that (Hicks) is dangerous but I don't know that he's dangerous," she told ABC radio today.

"It's clear that he has not committed an offence under American law, or he would have been dealt with in American courts with American law. "The rule of law, normal civilised behaviour, says you are not deprived of your liberty, you are not exposed to punishment, if you haven't broken the law. "That's the very essence of a civilised, free, democratic country."

http://www.theaustralian.news.com.au/common/story_page/0,5744,16147948%255E1702,00.html

[Maat]

1. Funny you should bring this up.

I just watched a special on Habib, an Australian citizen, that was 'rendered' (via 'extraordinary rendition') to Egypt; I was just listening to an account of his torture.

I strongly resent having to pay for these unconscionable practices as an American taxpayer.

The Pentagon and the CIA are out of control.

This military tribunal business is nothing short of disgusting.

[knowbody0]

3. not my America for sure

[Maat]

4. I'm a recent law graduate (a year ago).

These practices just make a mockery of what I studied, and what I understand to be the whole basis of our legal system.

Shocking.

[knowbody0]

7. diabolical

[cal04]

12. Govt 'cannot afford' funding for second Hicks lawyer

More of this craziness. I truly hope someone here has the guts to stand up to Howard. I can't imagine what he gets out of this but he is truly disgusting. I wish there was something we could do for all these people.

An Australian lawyer for the Guantanamo Bay detainee David Hicks says the Federal Government has declined to give financial assistance for another Australian lawyer to assist his case. The news comes ahead of Hicks's 30th birthday this Sunday, his fourth in US detention. David McLeod was to be joined by a second lawyer to work as foreign attorney consultants in Cuba to help Hicks's military defence team. A spokesman for Federal Attorney-General Philip Ruddock has told him the Government cannot afford to help both lawyers.

Mr McLeod says it will seriously compromise his client's defence case.
"Both are needed because the case is very difficult. It's like going into an operating theatre with surgeon and no anaesthetist," he said. "It's for a reason, it's for professional propriety, it's to enable citizens, Australian citizens such as David, to get the full array of proper advice."

A report by two academic lawyers at the University of New South Wales says Hicks can be tried in Australia for breaching the Geneva Convention and the Crimes Act. The Federal Government insists there were no Australian laws Hicks could be tried under at the time he was apprehended and it will not enact retrospective legislation.

Meanwhile, Terry Hicks says he has sent his son a birthday card.
"He's not travelling too well, he probably doesn't even know it's his birthday on Sunday," he said. "It's a sad state of events I think, the way things are going."

http://www.abc.net.au/news/newsitems/200508/s1429832.htm

[knowbody0]

2. this poor kid

took off for an adventure, got interested in the Islamic religion, traveled through Pakistan and went to Afghanistan to study. the evidence in this case from what i've learned is a photograph. he was delivered to the US for a $10,000 bounty. what a crock

[Maat]

5. Another expense I paid for!

I want my tax dollars to go to health insurance for every American - not extraordinary renditions. I want every PERSON to receive a fair trial; that's what I'll pay for.

Imagine the shock if your kid just disappeared. You, who grew up in the States, believed that if one was put in custody, one would be charged, and that one would be allowed immediate access to a lawyer. You would believe that your child would be tried in a normal criminal court, and that the government would have to meet its burden. You would believe that the defense lawyer would have access to the information needed. Imagine finding out that your child is a victim of the NeoCons, who believe they do not have to honor any of this.

I'm 47. I'm shocked that this is my country's practice.

[knowbody0]

6. indeed

our constitution, the bill of rights should be this country's bible. i have seen a documentary about David Hicks. his family built a cage similar to the ones at gitmo, and David's dad locked himself into it in front of the white house.

[Maat]

9. Good!

Too bad every American didn't see that. Any decent American would have been ashamed!

[oioioi]

16. Terry Hicks (father) - Cage Protest -New York City

[ninkasi]

11. I am shocked, too

And I'm 62. I don't know my own country anymore.

[Up2Late]

8. What channel was it that showed "THE PRESIDENT VERSUS DAVID HICKS"

I saw it last year, but now I can't find a listing for it.

Maybe it was on "Independent Lens" on PBS?

<http://www.filmstransit.com/hicks.html>

[ConcernedCanuk]

10. Wake up America - y'all got Hitler2 at the helm

.
.
.

The new and improved version

What Bush is doing is EXACTLY what Hitler did

only with a lot more power and resources . .

convince the population that a threat exists(when it doesn't)

and then kill anyone that gets in the way,

including your own family(fellow citizens) if necessary . .

I saw a move once of 1/2 dozen or so Hitler clones were tracked down and eliminated

one evaded the trackers

Is it possible this movie was not fiction?

and the clone is at the helm of the USA military?

Bush was born within a year of Hitler's death

hmmmmmmm

[cal04]

13. Former High Court judge backs repatriating Hicks

Former High Court Justice Mary Gaudron has added her voice to the growing condemnation of the way Australian Guanatanamo Bay detainee David Hicks is being treated. Yesterday, it was revealed a third prosecutor left the military commission when it was being set up last year, because of concerns the process was rigged and unjust.

Meanwhile, a report by two academic lawyers at the University of New South Wales has argued there are legal grounds on which Hicks could be tried in Australia. Ms Gaudron says she agrees it may be possible to try him at home. "As I understand it, he's been charged with conspiracy," she said. "It's always been possible to charge a person in one country with conspiracy to do acts in another country if there is some relevant connection with the country in which the charge is brought. "So it's not entirely obvious to me that he couldn't be dealt with in this country." Meanwhile, US military lawyer defending Hicks says Prime Minister John Howard should not be confident of his client being dealt with fairly.

Mr Howard has said the best way to achieve justice in David Hicks's case is to go ahead with a US military commission, despite claims from within the US military that it is set up to ensure a conviction.
Defence lawyer Major Michael Mori says his client has made two preliminary appearances ahead of his trial and notes observers from the American Bar Association and Human Rights Watch found those processes to be unfair as well.

"All of them came back and reported that the system was not working and it would not provide a fair trial, but the Government completely ignored all of those reports," he said. "So I'm not really sure what he's hoping to gain from having a trial, having more reports and then they'll just ignore those.

http://www.abc.net.au/news/newsitems/200508/s1430050.htm

[oioioi]

15. Government ignores fresh Hicks opinion

Attorney-General Philip Ruddock rejected legal opinion from the University of New South Wales that said Hicks could be tried in Australia.

Mr Ruddock maintained Hicks, due to face a US military commission on charges of attempted murder, aiding the enemy and conspiracy, could not be tried in Australia.

"I looked at the (University of NSW) opinion yesterday with my officers and our view was that it concluded nothing new," Mr Ruddock told Channel 9.

http://www.theaustralian.news.com.au/common/story_page/0,5744,16150757%255E12377,00.html

[oioioi]

14. Interview with David Hicks' father...

Q. Now if I got the story right the other day, this whole tale actually started in Japan, is that correct?

A. Yes.

Q. What was David doing in Japan?

A. Training race horses.

Q. Sounds like he's talented. Now you told me that something in the Japanese media drew him from that country. What was that?

A. He saw media reports on the Kosovo War with Serbia, where people were being slaughtered, he felt the need to go and help protect them, so he joined the KLA (Kosovo Liberation Army).

Q. Now the KLA, were supported by the UN weren't they?

A. Yes, they were.

Q. How long was he over there?

A. About 2 months. Then he was sent home by the UN when it was decided that foreign help was no longer needed.

Q. So after that he came back to Adelaide?

A. Yes.

Q. Is that when he started to study Islam?

A. Yes. He studied for a while in Gilles Plains.

Q. Did he ever tell you about his faith?

A. Yes. It meant a lot to him.

Q. Now after some time of studying here, he went overseas, why?

A. To further his studies on the Islamic faith and study ancient Arabic. He also wanted to travel on the old Silk Road through the Himalayas. The only way to do it in safety was to join the Pakistani army where he did the border patrol at Kashmir.

Q. Could you tell me how he got from Pakistan to Afghanistan?

A. Not sure.

Q. Now correct me if I'm wrong, but the Taliban were the official government at the time, weren't they?

A. Yes.

Q. How do the students pay for their room, board etc.?

A. They spend some weeks studying and some weeks on border patrol.

Q. Let me just make sure I've got this right, he was a student of Islam, whose duties included border patrol?

A. Yes.

Q. Was David being paid for this?

A. No.

Q. So he won't exactly be coming home rich then?

A. No.

Q. After September 11th did you at any time speak with David?

A. Yes, once.

Q. Where was he?

A. Kandahar.

Q. What was his reaction to the news of the attacks?

A. He didn't seem to be aware of any attacks.

Q. So you're saying he had no idea of the September 11th attacks?

A. Not to my knowledge.

Q. Did he tell you where he'd be heading after the phone call?

A. Kabul. To defend the area against the Northern Alliance.

Q. To defend against the Northern Alliance?

A. Yes.

Q. Who was David captured by, the US or the Northern Alliance?

A. Northern Alliance.

Q. Not by US troops?

A. No.

Q. Then as far as you're aware David was fulfilling his student duties by defending the government against attacks from the Northern Alliance, not the coalition?

A. Yes.

http://www.fairgofordavid.org/htmlfiles/documents/interview.htm