Pentagon moves on Hicks trial

From correspondents in Washington
September 21, 2005

THE Pentagon today lifted a stay on the trial of Australian war on terror suspect David Hicks, who now faces a hearing within 30 days.

The decision has cleared the way for the resumption of trials of other detainees held at Guantanamo Bay, Cuba.

John Altenburg, the appointing authority for the US military commissions set up to hear cases, lifted the stay on Hicks' trial.

He directed 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.

"This decision clears the way for the Hicks trial by military commission to resume at Guantanamo Bay, Cuba, in the near future," the Pentagon said.

No trial date was set in the Hicks case, but the action in effect opened a window from October 3 through October 20 during which the case might be heard, officials said.

The action follows a federal appeals court ruling in July that reaffirmed President George W. Bush's authority to order trials of war-on-terror detainees by special military commissions in the case of Salim Ahmed Hamdan.

Lawyers are appealing that case to the Supreme Court, but Pentagon officials said they had decided to proceed with the Hicks case anyway.

"The Australians have indicated their desire to see the Hicks case move forward as expeditiously as possible, but at the same time we are cautious to ensure that he receives a full and fair trial," a Pentagon official said.

Adelaide-born Hicks is charged with conspiracy, attempted murder and aiding the enemy.

The 29-year-old Muslim convert has been detained by the US military since he was captured allegedly fighting with the Taliban in Afghanistan in December, 2001.

The US alleges he had links to the terrorist group al-Qaeda.

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