Chances of being fair? Just? Truth, Justice, American way? Bullshit.News.com.au wrote:US details case against Hicks
By Glenn Milne
February 04, 2007 12:00am
SUSPECTED Australian terrorist David Hicks has finally been charged by US authorities after five years behind bars.
He faces one count of attempted murder and one of providing material support for terrorists - charges that carry a maximum sentence of life imprisonment.
Adelaide-born Hicks was yesterday among the first three Guantanamo Bay detainees to have fresh charges sworn against them.
Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions, swore the charges.
The move defuses an embarrassing situation for Prime Minister John Howard, who was coming under fire for allowing Hicks to languish in solitary confinement without due process.
The case against Hicks is detailed in US military documents obtained by The Sunday Telegraph.
A chronological precis of his activities on file with the US Department of Defence notes that he left Australia for Pakistan about November, 1999, and in early 2000, joined the terrorist organisation Lashkar-e-Toiba (LeT)
In correspondence to friends and family, Hicks admitted attending terrorist training, and the prosecution says he trained for two months at LeT's Mosque Aqsa camp in Pakistan.
Mr Howard welcomed the move to charge Hicks.
"I am glad that the charges are being laid and that the deadline I set has been met," he said, referring to his request to US President George W. Bush that Hicks' situation be resolved by mid-February.
"They are very serious charges and that is why we believe they should be dealt with as soon as possible. The delay of the last five years has been very regrettable.
"Some of that has been due to objections by people, including Mr Hicks's advisers. But a lot of it has been viewed as a slow process in the United States.
"I would encourage in a very public way, and will be doing it privately, for the trial to be bought on as soon as possible."
Mr Howard underlined the gravity of Hicks' alleged offences: "They allege that in the full knowledge of what happened on 11 September, he rejoined the Taliban who were of course involved through al Qaeda in the attack on 11 September."
Asked how Hicks could be charged with attempted murder when it was acknowledged he hadn't fired a shot in anger, he responded: "You and I can't try it. We can only observe the serious charges and I don't intend to get into a debate about the substance of the allegations."
Despite the charges, Mr Howard is expected to face criticism by rebel government MPs about his handling of the case when Parliament resumes this week.
Government sources said five Liberal MPs, Bruce Baird, Petro Georgiou, Judi Moylan, Russell Broadbent and Danna Vale were planning to raise the issue in the party room.
It's understood the MPs are concerned US court processes allow hearsay evidence, and evidence collected by coercion - and that laws governing Hicks are retrospective.
Labor is also sceptical about his chances of a fair trial.
"The announcement is a giant leap backwards for a fair trial for David Hicks," shadow attorney-general Kelvin Thomson said. "The US Military Commission lacks essential guarantees of independence and impartiality.
"I am advised charges cannot be laid until approved by a convening authority, which must satisfy itself the charges are warranted. I am also advised (this) authority is yet to be established."
He said it meant the trial was unlikely to be imminent, "particularly when you consider the Military Commission is a legal experiment, which will certainly be challenged by the defence. Last time these challenges took years and were successful."
Hicks' father, Terry, said he did not believe his son would receive a fair trial.
"These things are geared up for David to be found guilty. This is how I've been looking at it."
It's understood the finalisation of charges against Hicks could take just a few days.
Once confirmed, Hicks would be among the first detainees to go to trial.
Only after pressure is finally applied by the Australian Government does the US government actually make moves to charge him...
