Australians denied fair trial by US. if this is how they treat their allies...

[TRD2000]

Wednesday September 15, 12:29 PM


Hicks can't receive fair trial: report




Terrorist suspect David Hicks could not receive a fair trial under flawed United States military commission procedures, the Law Council of Australia said.

The council released the report of barrister Lex Lasry, QC, who was the only independent Australian lawyer to observe the initial commission hearing for Hicks at Guantanamo Bay in Cuba last month.

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In his report, Mr Lasry said it would be virtually impossible for Adelaide-born Hicks to receive a fair trial under the current flawed arrangements.

Mr Lasry recommended that the Australian government press the United States to put Hicks before a court martial, the US civilian justice system or return him to Australia.

"The Law Council, having reviewed Mr Lasry's report, is in full agreement with this view," Law Council president Bob Gotterson, QC, said in a statement.

Mr Gotterson said the government must pressure the US to remove Hicks from the military commission process.

He said Hicks should be tried under an independent and properly constituted judicial process, and the same should apply for Sydney man Mamdouh Habib, who is also being held at Guantanamo Bay.

At a preliminary commission hearing in Cuba last month, 29-year-old Hicks pleaded not guilty to charges of attempted murder, conspiracy and aiding the enemy.

"We believe the Australian government must now make strenuous efforts to ensure any proceedings under which Mr Hicks might ultimately be tried take place in a properly constituted and independent court with conventional rules of evidence and a judicial appellate structure," Mr Gotterson said.

In his report, Mr Lasry cited several reasons which he said made a fair trial for Hicks virtually impossible.

He said the military commission was not independent in any sense that would generate confidence, as it was created and exclusively controlled by the executive of the US government.

Five of the six commission members had no legal qualifications and would be required to resolve both issues of fact, normally decided by a jury, and law, decided by a judge.

Mr Lasry said rules of evidence were all but absent and those that did exist appeared to facilitate introduction of evidence which could not be tested by cross-examination.

"The consequence is a likely unfairness that goes to the root of the fair trial issue," he said.

"There is no viable appellate process which can impartially correct errors and remedy a miscarriage of justice."

Mr Lasry said there was a strong relationship between the commission's presiding officer and the appointing authority, the US government.

He also said several commission members might have established views because of their former involvement with military operations in Afghanistan.

Hicks was captured in Afghanistan in November 2001.

Habib was detained in Pakistan in October of the same year.

Only Hicks has been formally charged.

[-Davo]

I don't care. I hope that traitor burns in hell.

He disgraced Australia, our people, and our government. If found guilty (which I think he will be) he should be gaseds.

However. I'm a bit pissed off at the fact that the American government thinks they can treat an Australian like that, he's our traitor, not yours!
Give him back, so we can torture him our selfs..

Meanwhile, -Davo's having a great time drinking ice cold Carlton Draught, and eating pizza, whilst wearing stubbies, and flanellet, mate,

[Oz]

Davo, what do you base your statements on? The facts are, he has been accused of something and held illegally by the US for nearly 2 years without ever receiving a trial to find him guilty!

If he is guilty, extradite him to Australia for punishment. If he's not, he can live out his days on the $$$ the US government better fucking pay him.

[-Davo]

he hasn't been tried yet?!?!

Mmm...

Well...I'm still going to drink beer, and eat pizza!

[TRD2000]

sorry Davo thats the whole point, they haven't tried him, they've held him and a lot of other people (many from the "coalition of the willing") without trial or reason. They were not allowed to have contact with outside and have been denied rights that prisoners already convicted get elsewhere.

The US is yet to prove a single thing against him, and by the looks of things when they do try to it will not be a trial that abides by either US or Australian standards for proceedings.

When they first got him i was all for a quick trial and then an electric chair... but that was 2 years ago, and the more that comes out about it the more it makes him look like he may be innocent, or at least, not guilty of anything that even deserves 2 years in a normal prison.

From memory (don't take this as gospel) he was a tourist over there or something and it sounds like to get around safely. he started acting as a guide or something for some of their patrols, i don't know, as i said not much has really been said, he wasn't allowed to speak to his parents till about a month back, and he was limited to nothing about the bay or his capture or treatment, they didn't even know what they wanted to charge him with at first, so he can't have been shooting at them or anything.

the whole guantanamo bay thing is crap, it's just so they don't have to abide by US law in their treatment of prisoners!

[YogsVR4]

The trials need to get underway. I do not think he should be extradited however. Conduct an open trial and release him if he's innocent and burn him alive if he's guilty.

[2strokebloke]

Apparently the rights our government is supposed to be upholding mean little to nothing to the government - it's disgusting. They have no prinicples, no morals, no character. They're totally incapable of providing something so simple as a quick and fair trial. TWO F'n YEARS! I'm not sure whether they're incompetent, opposed to U.S. ideals, or just caught up in too much beuracratic red tape - chances our it's probably a combination of all three of those things.
I'm not even suggesting that any of the prisoners are not guilty or that any of them are guilty, just that the way the situation has been handled is totally, and completely un-American.

[TRD2000]

unfortunately for America, the longer it continues, the more american it seems to the rest of the world.

Because if you keep doing something then that's who you become to people.


I just found this
http://story.news.yahoo.com/news?tmp...n_usa_trial_dc

i guess it can be taken two ways... anti american... or anti bush.

if they are really guilty, then they are a bunch of americans who set up their own little prison in someone elses country...

if they are innocent and the lawyer is right, then the bush Admin failed to support them when they were there for humanitarian reasons.

[Flatrater]

I to wish they would get these people all the trials they deserve. Its time if they are guilty to pay for their crimes.

The prison where they are being held in Cuba is considered US soil and not part of Cuba.