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Wednesday, September 21, 2005

Hicks trial 'travesty of justice'

September 21, 2005
AUSTRALIAN Guantanamo Bay detainee David Hicks might be only months away from the doubtful mercy of a flawed justice system, the Law Council of Australia said today.

Law Council president-elect Tim Bugg said it would be a travesty of justice if the trial of Hicks proceeded in its current form.

"Mr Hicks could be months away from being placed at the mercy of a system that has been described by many as unfair, rigged and flawed," he said.

"The constantly changing military commission process has been heavily criticised by legal experts from both Australia and abroad.

"Even the United States' own military lawyers have been scathing in their opinion of the system's ability to deliver justice."

The Pentagon yesterday lifted a stay on the military commission trial of Hicks, moving to resume trials of war-on-terror detainees at Guantanamo Bay, Cuba.

John Altenburg, the appointing authority for the US military commissions, lifted the stay – directing the presiding officer to hold a hearing within 30 days to resolve preliminary issues, the Pentagon said.

A second session would be convened a short time after to pick other commission members and to resolve any other outstanding motions.

Mr Bugg said Hicks had been held for nearly four years and was the only Guantanamo Bay detainee facing a commission hearing.

"The goalposts are constantly being shifted. The fact that the US is constantly tinkering with the system indicates that it is flawed and not fit to try anyone," he said.

"However, despite claims to the contrary by the US, given the process has been so drawn-out up until now, the Law Council doubts whether Mr Hicks will get his day in court in the near future."

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