THE lawyer for Australian terrorist suspect David Hicks was not surprised by reports of leaked emails claiming the US military commission process for Guantanamo detainees was rigged, the lawyer said today.Hicks, a 29-year-old convert to Islam, has been held by the US military at the Guantanamo Bay naval base in Cuba since January 2002, a month after his capture in Afghanistan.
He is expected to face a military commission soon on terror-related charges, including allegations that he fought for Taliban forces.Emails from two former prosecutors to their superiors, obtained by the ABC, have outlined grave concerns about the fairness of the military commission process. Hicks's military appointed lawyer, Major Michael Mori, today told the Ten Network he was not surprised by the content of the emails as the commission process was designed to reach convictions.
"(I'm) not at all (surprised); I'm surprised that they found the light of day and the public is being made aware," Major Mori said."The commission process does away with any of the basic fundamental protections you would find either in a court martial or our civil criminal justice system. "The system is set up and designed to only reach convictions. He said the Australian Government should demand Hicks not go through the commission process, as the British Government did with its citizens. "The British Government said military commissions don't meet international legal standards and they demanded their citizens not go through the commission process and they were released," Major Mori said. "I think Mr Hicks deserves the same treatment."Major Mori said Hicks was not aware of the leaked emails, but knew he was unlikely to receive a fair trial. "He is not aware of this at this point – these specific emails – but he is certainly aware that the system is not designed to provide him a fair trial," Major Mori said. "We've always said give him a fair trial ... but the Government knows that if they give Mr Hicks a fair trial they won't get a conviction."
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