Hicks supporters attack 'retrospective' charge

DAVID Hicks' father and legal team have attacked John Howard and the US military over the decision to lay one charge against the Australian terror suspect after a judge dismissed a charge of attempted murder.

Charge sheet: Allegations against Hicks

While the US military prosecutor said he was disappointed with the judge's ruling, Terry Hicks challenged the Prime Minister on regional radio on why his son could be charged retrospectively with material support for terrorism.

Mr Howard said the offence of providing material support had existed since 1994 and was “not retrospective,” adding he had sought an expedited trial by appealing to President George W. Bush.
“I have raised on two occasions in conversations with President Bush over the past month my concern, my great concern at the delay and I raised it with Vice-President (Dick) Cheney,” Mr Howard said.

The US military alleges Hicks, 31, attended an al-Qaeda training camps in Afghanistan before the September 11, 2001 terrorist attacks on New York City and Washington DC.

The Adelaide rodeo rider has been incarcerated 22 hours a day inside a cell at the US military prison at Guantanamo Bay Cuba for more than five years.

If found guilty of providing material support for terrorism, he will face a maximum penalty of life in a US military prison, though he is expected to serve time in an Australian jail.

The charge sheet should be formally served on Hicks inside his Guantanamo Bay cell today. He will be the first detainee in the war-on-terror era to be charged under the new US law for military commissions.

Hicks' military lawyer Major Michael Mori said he would seek a meeting with Attorney General Philip Ruddock today claiming the Pentagon's statement overnight was an admission the charges laid originally against Hicks were made up and had no basis in law and fact.

“It's disgusting that he has spent five years in Guantanamo for made-up charges,” Major Mori said.
“Now they are doing it again. They are repeating history by creating a new crime after the fact and trying to apply it to David retroactively.”

Chief US military prosecutor at Guantanamo Bay Moe Davis said Hicks was expected to appear in a courtroom for a preliminary hearing with 30 days, with a full trial to begin within 120 days.

Colonel Davis said he was disappointed that the judge had ruled there was no probable cause to charge Hicks with attempted murder, adding his lawyers could make a plea bargain at any time.
“I think if you look at the material support for terrorism charge I think that provides a fair representation of the conduct that we seek to hold Mr Hicks accountable for.”

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