Help Hicks, PM urged

July 01, 2006

THE nightmare will end for Guantanamo Bay inmate David Hicks only when the Australian government intervenes in his case, his American lawyer said.

The future is now unclear for the Australian accused terrorist, with the US Supreme Court ruling that US military commissions set to try Guantanamo prisoners were illegal.

Hicks has been held by the US in Guantanamo Bay, Cuba, for four-and-a-half years.

His military lawyer, Major Michael Mori, accused the Australian government of kowtowing to the orders of the Bush administration.

"(Prime Minister John Howard) claims to have gotten advice that it was a fair process," Major Mori told ABC TV's Lateline.

"I think he should go ahead and disclose that advice because I don't think any exists. I think he was just following what the Americans told him to do."

Major Mori said Hicks had not been charged with injuring anyone and had not committed any serious offence, with the US Supreme Court criticising the charge of conspiracy as invalid under the laws of war.

"David Hicks did not violate Australian law, you had an Australian citizen in a third country complying with the laws of the country that he's a citizen of," he said.

"David's nightmare won't end until the Australian government decides to stand up for one of its citizens, and it appears politically they don't want to do that."

"Unfortunately the Australian government wants this to play in politics instead of looking after the basic fundamental rights of its citizens."

Major Mori accused the government of "flip-flopping" on its position with Hicks.

"Two days ago, Mr Downer said that if the Supreme Court found the military commission system was unacceptable they would reconsider David's position," he said. "Now they've flip-flopped and are saying we're not going to change our position or even reconsider."

Major Mori said he'd be happy for Hicks's case to be dealt with by way of military court martial, but there was "very little" that could be done to progress the matter.

Only 10 people had been charged out of 700 people held at Guantanamo Bay, Major Mori said, with only one being accused of actually injuring anyone.

"In the United States, a Taliban spokesperson is attending Yale University, yet David Hicks has been locked up for four-and-a-half years in Guantanamo charged with supposedly aiding the Taliban," he said.

"Where's the justice in that? The hypocrisy is so rampant in this process."

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