Hicks is innocent!

[Aussie]

David Hicks's former US military lawyer says the Australian's terrorism conviction could be overturned after a landmark decision in a US court overnight.

A US appeals court has ruled that the charge Hicks was convicted of in 2007 - providing material support to terrorism - cannot be applied retrospectively.

The court has overturned the conviction of Osama bin Laden's former driver and bodyguard, Salim Hamdan, saying providing support for terrorism was not a war crime at the time of Hamdan's alleged conduct from 1996 to 2001, and therefore could not support a conviction.

Dan Mori, the former US military lawyer who represented Hicks at his Guantanamo Bay hearings, has told ABC News Breakfast that the decision means that Hicks's conviction on the same charge is unlawful.

"It [the charge of material support for terrorism] is null and void for conduct prior to 2006," he said.

"It is showing that what they set up was ineffective. They were trying to set up an ad hoc process after the fact instead of using the Federal Court system in the US that has been trying terrorism cases for years before and worked effectively.

"Unfortunately the military commission system was set up and it was rushed, and not very effectively, so now we see the problems with it.

"The foundation is rotten and the house is starting to crumble."

Hicks was captured in Afghanistan in 2001 and taken to Guantanamo Bay detention camp. In 2007 he was charged with and pleaded guilty to providing material support for terrorism.

He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order.

Mr Mori said it was now up to Hicks's current lawyers to decide if they would formally seek to have his conviction overturned.

"I think it would be great for some official recognition that what he was put through was not fair and was not just," he said.

"I think that this court decision supports that position and hopefully it will act as some catalyst to getting some real closure and clearing his name officially."

Mr Mori said the decision was also an embarassment for the Australian government of the time, which went along with Hicks's trial at Guantanamo Bay.

"I don't think there is any real serious consideration that his conviction was valid but the real question why did the Australian Government allow this to happen to an Australian citizen?" he said.

Hicks's father Terry Hicks said he had not yet spoken to his son to give him the news.

"We have been saying all along that the laws were being retrospected [sic] so that they could carry on with this procedure of charging him with something," he told ABC News Breakfast.

"We have asked for inquiries into all this business and into other things but it's been sidelined, too hard basket, may get other people into trouble, whatever.

"I suppose if David's name is legally cleared that makes me feel a lot better. It will make David feel a lot better, and I think the people that have supported David over the years, they will be able to put their hands up and say, 'This is what we have all been working for'."

The US military prosecutor who faced off against Mr Mori at the Guantanamo tribunal, Morris Davis, has described the appeal court decision as a blow to the credibility of the military tribunal system.
But he said Hicks was facing a 'Catch-22' because, as part of his plea deal, he had waived the right to challenge his conviction.

Read more.

[Rorschach]

Who cares?
Hicks is an idiot.

[Neferti]

Who cares?
Hicks is an idiot.

I agree.

[IQS.RLOW]

I hope Aussies family is the first to be blown up and their body parts raped in front of him by Islamic terrorists like hicks who admitted to training with Al Qaida

[Super Nova]

I hope Aussies family is the first to be blown up and their body parts raped in front of him by Islamic terrorists like hicks who admitted to training with Al Qaida

If you had 3 wishes would you waste on the one above.

[IQS.RLOW]

Yes.

Number 2 would be that it is caught on HD Blu-ray in a never ending loop
Number 3 would be that his eyelids are cut out, restrained so he is forced to watch and he is force fed through a tube in his stomach just to keep him barely alive for as long as his pitiful body would take it.

I'm not so selfish that I would want anything for myself

[Aussie]

If you had 3 wishes would you waste on the one above.

Typing with your gloved thumbs again?

[Super Nova]

If you had 3 wishes would you waste on the one above.

Typing with your gloved thumbs again?

Yes. It's very cold here in the UK when you have to sit homeless in the street fullfilling a PA addiction. You know how it is.

[Rorschach]

Was thinking this just after the site "legal expert" blurted out Hicks is innocent... another non-fact...

DAVID Hicks was originally charged with conspiracy, attempted murder and aiding the enemy. He entered a plea of guilty to a lesser charge of lending material support to terrorism.

An appeal against that conviction may equate to reneging on the underlying plea bargain. For such an appeal to proceed, the court may require Hicks's presence in the US, leaving him open to rearrest and reimposition of the original, more serious charges.

Much as Hicks and his backers may denigrate such a turn of events, it would, in fact, reflect a proper application of standard principles of justice which safeguard due process, but are properly blind to any particular outcome. With the true meaning of justice understood, Hicks may be well advised to be careful for what he wishes.

I imagine the Indians would also like to get their hands on Mr Hicks.

[boxy]

I thought Hicks was playing "hero" before we entered the war on terror?