Hicks lawyers launch Federal Court action

February 26, 2007 02:16am

LAWYERS for Guantanamo Bay inmate David Hicks will launch action in the Federal Court this morning to bring the terror suspect home.

Led by constitutional expert Bret Walker SC, the team of lawyers will argue the Howard Government has breached its protective duty by failing to call for a fair trial for Hicks.

The action – against the Government, Attorney-General Philip Ruddock and Foreign Minister Alexander Downer – seeks declarations and an order that could lead to the release of Hicks from the US military jail at Guantanamo Bay in Cuba.

Adelaide-born Hicks has been detained, without trial, at Guantanamo Bay since January 2002. He was picked up in Afghanisation the previous month.

US prosecutors are expected to lay charges of attempted murder and providing support for terrorism, but only when the charges are approved by former military judge Susan Crawford.

Hicks's principal Australian lawyer, David McLeod, said the UK, by gaining the release of its citizens from Guantanamo, showed they had control over their citizens, and Australia should demonstrate similar control.

"All Australians should have confidence that if they are detained or in trouble overseas, their own government will do everything to ensure that they are treated fairly and according to the law," Mr McLeod said.

The Government will be represented in the case by Solicitor-General David Bennett QC.
The matter is listed for hearing in the Federal Court in Sydney before Justice Brian Tamberlin, who first will decide whether he has jurisdiction in the matter.

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