Habib gets defamation green light

August 16, 2005 - 12:10PM

Former Guantanamo Bay detainee Mamdouh Habib has been given the go-ahead to pursue defamation proceedings against News Ltd newspapers The Australian and The Daily Telegraph.

Mr Habib, who was detained by the United States as a suspected terrorist, is suing Nationwide News, the publisher of the News Ltd newspapers, over several articles.

A cartoon published in Sydney's The Daily Telegraph in April 2002 titled "The amazing journey of a suburban terrorist" is also included in the case.

Justice Henric Nicholas told the NSW Supreme Court today there was enough evidence to substantiate Mr Habib's claims.

"In this case I hold each of the imputations ... are reasonably capable of being conveyed [as] complained of and I further hold that each is reasonably capable of being defamatory of the plaintiff," Justice Nicholas said.

"Accordingly, each of these imputations should go to trial."

The matter will return to the same court on September 9 for a trial date to be set.
Mr Habib was arrested in Pakistan in October 2001 and later transferred to the US military base at Guantanamo Bay in Cuba.

He was held in the same military detention centre as Australian David Hicks before being released without charge and returned to Australia in January this year.

AAP

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