If the kangaroo courts are so hunky-dory why all this:
Former judge backs repatriating Hicks. 04/08/2005. ABC News Online
[This is the print version of story http://www.abc.net.au/news/newsitems/200508/s1430050.htm]
Last Update: Thursday, August 4, 2005. 3:11pm (AEST)
Hicks has been held at Guantanamo Bay for almost four years. (ABC TV )
Former judge backs repatriating Hicks
Former High Court justice Mary Gaudron has added her voice to growing condemnation of the way Australian Guantanamo Bay detainee David Hicks is being treated.
Ms Gaudron says detaining Hicks for years without charge and having him subject to punishment without proper access to independent legal advice breaches international norms on human rights.
"It horrifies me to think that anyone could think that this is good enough. It simply isn't good enough," Ms Gaudron said.
Ms Gaudron says she agrees with a report by two academic lawyers at the University of New South Wales that it may be possible to try Hicks at home.
"As I understand it, he's been charged with conspiracy," she said.
"It's always been possible to charge a person in one country with conspiracy to do acts in another country if there is some relevant connection with the country in which the charge is brought.
"So it's not entirely obvious to me that he couldn't be dealt with in this country."
Hicks is due to be tried by a US military commission. The ABC has revealed in recent days that three prosecutors have left the commission because of concerns the process was rigged and unjust.
The US military lawyer defending Hicks, Michael Mori, says Prime Minister John Howard should not be confident that the US is dealing with Hicks fairly.
Mr Howard has said the best way to achieve justice in Hicks's case is to go ahead with the US military commission, despite claims from within the US military that it is set up to ensure a conviction.
Major Mori says his client has made two preliminary appearances ahead of his trial and notes that observers from the US Bar Association and Human Rights Watch found those processes to be unfair as well.
"All of them came back and reported that the system was not working and it would not provide a fair trial but the Government completely ignored all of those reports," he said.
"So I'm not really sure what he's hoping to gain from having a trial, having more reports and then they'll just ignore those."
An Australian lawyer for Hicks says the Federal Government has also declined to give financial assistance for another Australian lawyer to assist in his case.
David McLeod was to be joined by a second lawyer to work as foreign legal consultants in Cuba to help Hicks's military defence team.
A spokesman for federal Attorney-General Philip Ruddock has told Mr McLeod that the Government cannot afford to help both lawyers.
Hicks turns 30 this Sunday, his fourth birthday in US detention.