What Are the Concerns Surrounding David Hicks' Trial?

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David Hicks, an Australian citizen detained at Guantanamo Bay for nearly four years, has been charged with conspiracy, attempted murder as an unprivileged belligerent, and aiding the enemy. The trial is set to begin on November 18, as confirmed by Pentagon spokesman Major Michael Shavers. Concerns have been raised by legal experts, including Lex Lasry QC, regarding the fairness and legality of the military tribunal procedures, particularly the definitions of "properly admissible" evidence and the broad nature of the charges. The Australian government has faced criticism for its inaction in protecting Hicks' rights, prompting him to seek British citizenship.

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alexandra
David Hicks has now been living 'in limbo' for close to four years (http://www.fairgofordavid.org/htmlfiles/media2005pt2/smhwebdiary23Jul05.htm) and, due to the Australian government's refusal to do anything about protecting its citizen's rights, he recently resorted to applying for British citizenship:
While Australia is one of the few EU or Commonwealth Governments not to have protested about Guantanamo, Britain has brought home nine former prisoners, denouncing the lack of legal protections and saying they do not accept that the US military tribunals offer sufficient guarantees of a fair trial.
Reference: http://www.abc.net.au/am/content/2005/s1468280.htm
David has, finally, been charged and a trial date set:
He faces charges of conspiracy, attempted murder by an unprivileged belligerent and aiding the enemy.
"The presiding officer has set the date for the first hearing in the Hicks commission for November 18," Pentagon spokesman Major Michael Shavers said.
Reference: http://www.abc.net.au/news/newsitems/200509/s1468936.htm
However, one has to wonder what "an unprivileged belligerent" is, and the term "aiding the enemy" is pretty broad (as is the charge of "conspiracy"). Independent legal observer for the Law Council of Australia, Lex Lasry QC, also raised a number of concerns regarding the military tribunal procedures, eg. Lasry writes:
If there is properly admissible evidence to suggest that he has committed criminal offences and the process by which he is to be tried is properly constituted, independent and fair then there can be no complaint. However, I dealt with some of those issues in my first report. The concept of “properly admissible” evidence, appropriately formulated charges and a fair and independent process are all problematic in this case. More: http://www.fairgofordavid.org/htmlfiles/media2005pt2/smhwebdiary23Jul05.htm
Now *this* is something to worry about...
Here are links to websites with more information about Hicks' detention: http://www.fairgofordavid.org/htmlfiles/main.htm and
http://en.wikipedia.org/wiki/David_Hicks
alex
 
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alexandra said:
David Hicks has now been living 'in limbo' for close to four years (http://www.fairgofordavid.org/htmlfiles/media2005pt2/smhwebdiary23Jul05.htm) and, due to the Australian government's refusal to do anything about protecting its citizen's rights, he recently resorted to applying for British citizenship: David has, finally, been charged and a trial date set:However, one has to wonder what "an unprivileged belligerent" is, and the term "aiding the enemy" is pretty broad (as is the charge of "conspiracy"). Independent legal observer for the Law Council of Australia, Lex Lasry QC, also raised a number of concerns regarding the military tribunal procedures, eg. Lasry writes:Now *this* is something to worry about...
Here are links to websites with more information about Hicks' detention: http://www.fairgofordavid.org/htmlfiles/main.htm and
http://en.wikipedia.org/wiki/David_Hicks
alex
Sounds like the Patriot Act. What about the right to a speedy trial (the Sixth Amendment to the U.S. Constitution) - nothing like that in Australia?
 
SOS2008 said:
Sounds like the Patriot Act. What about the right to a speedy trial (the Sixth Amendment to the U.S. Constitution) - nothing like that in Australia?
This isn't in Australia, though - and we have our very own version of the Patriot Act (well, soon - it's the "Anti-Terrorist Bill" at the moment, but the Howard Government is determined to pass it - complete with 'shoot-to-kill' provisions, before Christmas; excellent Christmas present, no?). David Hicks is an 'illegal combatant' who has been languishing in Guantanamo Bay for close on four years now; has this not been on US news? He is an Australian citizen, but unlike the British and Canadian governments who have intervened on behalf of their citizens, the Australian government has done nothing to ensure that his rights to a fair trial (or even to be charged with any crime) were met. I'm shocked that his case has not been on US news (but I guess I'm not surprised):frown:
 

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