MY MATE'S BACK

[Ox]

Lock Bush up and melt the key



Court ruling gives Hicks new hope
Adam Harvey
Washington
30jun06

DAVID Hicks may be released and returned to Australia after the US Supreme Court ruled
 President Bush had illegally ordered military war crimes trials for Guantanamo
Bay detainees.

   
   
The ruling is a rebuke to the Bush Administration and its aggressive anti-terror policies.

"David should be released," his US military lawyer, Major Michael Mori, said last night.

"The ball is now in the Australian Government's court. The US Government has already said that Australia can have him back, and the Supreme Court has now ruled that the trials are illegal."

Hicks pleaded not guilty to charges of conspiracy, attempted murder and aiding the enemy, at a military commission hearing in August 2004, but has yet to face trial.

His trial delay was caused by the wait for last night's landmark case before the US Supreme Court brought by the lawyers of Salim Ahmed Hamdan to test the legality of the military commissions.

Hamdan is a Yemeni who worked as a body guard and driver for Osama bin Laden.

The decision could see Hicks tried in the US civilian court system or a traditional court martial.

Ten prisoners, including Hicks, have been charged before the US military war crimes tribunals with conspiring with al-Qaida, though none is charged with direct involvement in the September 11, 2001 attacks.

Justice John Paul Stevens yesterday wrote the opinion, which said the proposed trials were illegal under US law and the Geneva conventions.

Like Hicks, Hamdan, 36, has spent four years in the US prison complex at Guantanamo in Cuba.

He faces a single count of conspiring against US citizens from 1996 to November 2001.

Two years ago, the court rejected Mr Bush's claim to have the authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers.

In this follow-up case, the justices focused solely on the issue of trials for some of the men.

The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in ruling against the Bush Administration.

Chief Justice John Roberts was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.

Last night's ruling overturned that decision.

About 450 prisoners are held at Guantanamo. About 310 others have been released or transferred to other governments. Three have committed suicide.

In a deal brokered between the US and Australian governments in May, Hicks could return to Australia to serve any jail term if he is found guilty and sentenced.

[Moi]

Great for Hicks and about time.

Lock Bush up and melt the key

With twin cell accommodation for his mate, Johnny
I'm sure they woudn't want to be parted lol

[one-eyed]

David Hicks has finally been charged.

GUANTANAMO BAY prisoner, Adelaide-born David Hicks has been charged with terrorism related offences - five years after being detained.

Two charges have been laid including providing material support for terrorism and attempted murder in violation of the law of war.

http://www.news.com.au/heraldsun/story/0,21985,21163675-5005961,00.html

[mjs]

He has been charged before - in 2005. Those charges had to lapse because the USA courts found that the military tribunals were not properly constituted. They've reworked the tribunals and laid new charges.

If the lawyers argue that the reconstructed tribunals are still not valid there will be further delays.

Militarty tribunals are not new. They are often used in times of war. The longer Hicks can delay a trial the more of a victim he becomes. Let him come home and set him free - he's only been a little bit naughty. He can go on Channel Nine and get rich.

Never believe everything you read in the newspapers.

[cub]

Hicks smicks - Play with fire ....

[Ox]

He has been charged before - in 2005. Those charges had to lapse because the USA courts found that the military tribunals were not properly constituted. They've reworked the tribunals and laid new charges.

If the lawyers argue that the reconstructed tribunals are still not valid there will be further delays.

Militarty tribunals are not new. They are often used in times of war. The longer Hicks can delay a trial the more of a victim he becomes. Let him come home and set him free - he's only been a little bit naughty. He can go on Channel Nine and get rich.

Never believe everything you read in the newspapers.

pure poetry mjs.

[mjs]

Glad you liked it Ox,  - we love victims here. Do they luv em in the good ol USA?

Always told my children to take responsibility for their actions - pity we all don't.

[WilliamPowell]

Always told my children to take responsibility for their actions - pity we all don't.

Doesn't Hicks need to take responsibility for his actions and face the consequences?

I agree this thing has dragged on for far too long and that is the fault of the Aust Govt because they wouldn't challenge the US govt (no great surprise there) but.... I don't see Hicks as a "victim"

[tiga]

I see Hicks as a disillusioned and impressionable type who was in search of a cause to make a name for himself. He just chose the wrong crowd.
I don't think he's a saint by any means but no one deserves to be treated the way he has been. Guantanamo bay IMO is illegal and inhumane.
How can someone be held with out charge for so long is beyond comprehension.  :helpThey have broken every human right under the sun in that evil joint.
As for American Military law...Gimme a break!! You might as well have billy bob and Leroy as judges trialling some of the poor unfortunates back in mississippi in the 60's...No chance!! Guilty until proven innocent.  :bangheadIt is G.W Bush that should be on trial here and we all know it. That evil and corrupt Cronie! 

[one-eyed]

By denying Hicks a trial all this time they have turned him into a victim.

As for our government - nothing like bad polls to make a pollie do a 180. Howard has finally out-wedged himself on climate change and Hicks and is now trying to portray himself as a lefty lol .

[one-eyed]

Hicks charged with terrorism
From correspondents in Washington
Herald-Sun
March 02, 2007 05:46am

AUSTRALIAN David Hicks was charged today with "material support for terrorism" and referred to trial by a special military commission at Guantanamo Bay, Cuba.

Judge Susan Crawford dismissed a second charge of attempted murder against Hicks after concluding there was no "probable cause" to justify it, said Commander Jeffrey Gordon, a Pentagon spokesman.

"The convening authority referred one charge with two specifications of providing material support for terrorism against Hicks, a non-capital case," the Pentagon said.

http://www.news.com.au/heraldsun/story/0,21985,21311791-5005961,00.html

[retygas]

My son was in the army, and this thing called Hicks was there armed with things to kill. This even ment our own boys over there. He doesn't need to be released as he wanted to be an Aussie killer. And that could have been my own son. Stuff him leave the idiot over there and let him rot in hell. I have even written this to the web site dedicated to helping this half wit. The only help he need is some one to pull the chair from under him. Why do we try to make the people who do the wrong thing the victim here. It s stupid he's at fault and I will forever hate him for only one reason and that being it could of been my son. Think about it all you parents out ther just how would you feel if it was your kid over there. I do feel for his father and I bet I would be doing all I could, like he is trying to do for his son. So I'm not a total heartless bastard but I just don't think he should ever be allowed here again. Just like we had a backpacket here who got caught stealing from other backpackers. He got a slap on the wrist and was let off as he said he was really sorry for his actions. He was only sorry that he got caught. Now this idiot from Gremany should have had his bags packed and told to get back to where he came from and never come back. But oh no we let him stay. We have to look good in the eyes of the world. Well that my point like it or not, I'm not changing my views not one bit at all.

[Moi]

I'm not changing my views not one bit at all.

No-one's asking you to, but isn't it great you have the freedom to have your say, defend your views etc. Put it another way, had you been told your son allegedly went off like Hicks did, wouldn't you do the same things Terry Hicks has done to at least get him a hearing?  Lock him up for 40 years if he's guilty of treason, but at least give him a hearing.  The fact he hasn't been given one till now only gives more credibility to the theory they're trumped up charges. 

[retygas]

Moi I did actually put down if it was my own son that I would be doing my best to get him out so for that part I'm a little lost at your point. But yes its great to be living here and know that we can have our say and with our freedom unlike some countries.

[mightytiges]

We believe in due process don't we. We believe in not detaining anyone for long periods of time without charge. We believe in a fair trial. That process is independent of guilt or innocence. Isn't that what those in our armed forces are fighting for? To defend our way of life, our freedoms, our rights, our institutions that protect these freedoms and rights. We are not barbarians and just because those we are fighting against are doesn't mean we are justified to throw everything we stand for out the window. 

Hicks is most likely guilty as hell so why lock him up for 5 years without charge. Our governments (US and Oz) through their incompetence in the handling of this whole war on terrorism have turned Hicks into a "victim". And the only reason why they are trying to rush charges and a trial now is to make Hicks a non-issue come election time at the end of year. If they had charged, tried and sentenced Hicks when they initially caught him then no one would be talking about him. The issue isn't Hicks himself but the violation of the basis of our laws in dealing with him.