Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions chose an interview with the AGE newspaper to reveal the US case against David Hicks today. (Pretty much the same as the previous charges, though the "surveillance on US and other international embassies" is news to me.:
The case against David Hicks
Jane Holroyd
January 11, 2007/the AGE
On the fifth anniversary of David Hicks' incarceration in Guantanamo Bay, the US chief military prosecutor tells theage.com.au why the Australian remains a prisoner.
■ Attended advanced al-Qaeda training camps
■ Associated with senior al-Qaeda leaders after 9/11
■ Issued with weapons to fight US troops in Afghanistan
■ Carried out surveillance on US and other international embassies
DAVID Hicks was a fully fledged al-Qaeda operative who took orders from Osama bin Laden, conducted surveillance on embassies and was armed to battle against coalition forces in Afghanistan after the September 11 attacks, his US prosecutors will allege. ... <cont>
http://www.theage.com.au/news/national/the-case-against-david-hicks/2007/01/10/1168105052462.html?page=fullpage
Last Update: Thursday, January 11, 2007. 2:06pm (AEDT)
Prosecutor's comments expose sham trial: Hicks's lawyer
The Australian lawyer for Guantanamo Bay detainee David Hicks has expressed outrage that the chief US military prosecutor at the detention facility has voiced his opinion on the case.
Colonel Moe Davis told the ABC's AM program that Mr Hicks is likely to be one of the first people charged when the new military commission structure is unveiled.
He says the prosecution will argue Mr Hicks was not simply looking for adventure when he went to Afghanistan in 2001.
"My understanding is that when 9/11 happened he was out of the country, but once he saw that the US had been attacked he made a conscious choice to go back to Afghanistan, report into a senior Al Qaeda leader and in essence say 'I'm David Hicks and I'm reporting for duty'," he said.
Colonel Davis says there is no truth to the argument Mr Hicks was simply a young man in the wrong place at the wrong time.
But Mr Hicks's lawyer, David McLeod, says Colonel Davis's comments demonstrate what a sham the trial will be.
Mr McLeod says if those comments were made by a prosecutor in Australia, it would be grounds for a mistrial.
"What this prosecutor is seeking to do is to further demonise Hicks in the minds of those who will eventually be called upon to judge him," he said.
"Where are those people being sourced from?
"From the same Department of Defence that the prosecutor works for, and this is the whole problem with this process."
http://www.abc.net.au/news/newsitems/200701/s1825135.htm
Colonel Morris Davis also attacked David Hicks' (US military) lawyer, Major Michahel Mori, accusing him of having conducted "extensive "PR campaigns to Australia".
"I'm concerned about the health of Australians because he comes down there and he blows smoke, which can't be good for your health," Colonel Davis said."
Hicks' lawyer hits back at prosecutor
Jordan Chong, Jane Holroyd
January 11, 2007 - 3:07PM/the AGE
David Hicks's lawyer has hit back at a personal "attack" by America's chief military prosecutor, who has accused him of spreading misinformation in his defence of the Australian terror suspect.
Major Michael Mori says the prosecution's case against Hicks must be weak if the chief prosecutor felt the need to attack the defence lawyer personally.
.......
Time served may be ignored
Major Mori also slammed claims made by Colonel Davis that the five years Hicks has served in detention should be ignored in any possible sentencing.
He said that was at odds with the Australian government's position.
"I am sure it was disappointing and shocking to Australian ministers to hear Colonel Davis say that he hoped David's five years at Guantanamo would not be taken into account if he is sentenced," he said.
David Hicks's father, Terry Hicks, also slammed the suggestion, describing it as "absolutely disgusting".
........
Prosecutor 'in contempt'
Labor(The Australian Labor Party) has also hit out at the chief prosecutor's comments, saying a civilian court would take a dim view of them.
"In a civilian jurisdiction he'd almost be up for contempt, the prosecutor, for making those sorts of comments before the poor guy is even brought before the commission," Opposition defence spokesman Joel Fitzgibbon told Sky News.
"The idea of ... innocent before proven guilty has been dispensed with. The presumption of innocence has been dispensed with," he said.
Opposition legal affairs spokesman Kelvin Thomson said Colonel Davis had made serious allegations that hurt Hicks' chance of a fair trial.
"The real threat to a fair trial lies in the military commission process, the fact that its rules don't exclude evidence obtained by coercion, don't exclude hearsay evidence, don't permit the accused to be privy to all the evidence,'' he said.
http://www.theage.com.au/news/national/hicks-lawyer-hits-back-at-prosecutor/2007/01/11/1168105093529.html?page=fullpage#contentSwap1
Last Update: Thursday, January 11, 2007. 6:21pm (AEDT)
US challenged to lay fresh charges against Hicks
Major Michael Mori says there is nothing new in allegations against David Hicks. (File photo) (Lateline)
........Colonel Moe Davis says the prosecution will argue that Hicks was a hardened Al Qaeda operative who was prepared to fight US forces in Afghanistan.
But lawyer Major Michael Mori says there is nothing new in the allegations against his client.
"Two of those charges were thrown out by the Supreme Court and the other one was dropped from the new Military Commission Act," he said.
"I'd really love to see some fresh charges laid against David and I'd love to challenge them in a real legal system, which unfortunately, I won't get."
http://www.abc.net.au/news/newsitems/200701/s1825339.htm
......
Colonel Davis said he expected Mr Hicks would be among about 75 Guantanamo Bay prisoners to face the new commissions and predicted he would be charged this month.
He said he was concerned about Australians' perceptions of the military commissions.
"None of us on the prosecution side want to be involved in a process that, personally, we think is unfair, that our family, our friends, our countrymen and the public around the world is going to perceive as unfair," he said.
"At one point in his training [Mr Hicks] complained to Osama bin Laden about the materials not being translated into English and so he was tasked with doing that."
Major Michael Mori, Mr Hicks's defence lawyer, said he was not aware of any evidence to support al-Qaeda connections and scoffed at the suggestion Mr Hicks had translated manuals for the terrorist group.
"I can't wait to see evidence of David's Arabic translation skills," Major Mori said.
http://www.smh.com.au/news/world/hicks-was-not-naive-says-us/2007/01/10/1168105052122.html
Well, well!
What a day it's been!
Our prime minister has a brief chat with GWB & the very next day, not only does he come out strongly supporting the US troop "surge" in Iraq, but we also have Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions declaring that David Hicks is guilty of all sorts of terrible things ..... all over the Oz media! Just a coincidence that today is the 5th anniversary of Hicks' incarceration at Guantanamo Bay!
Charming!
(Interestingly, Colonel Davis seems not to have suggested that David Hicks was actually involved in military exercises against the US or the coalition forces.)
The prosecution alleges he trained with al-Qaeda, associated with senior al-Qaeda leaders after 9/11, was issued with weapons to fight US troops in Afghanistan & carried out surveillance on US and other international embassies. How do you prove someone's alleged intentions in a court?
And without even bringing these charges to trial, Colonial Davies declares that David Hicks deserves his 5 years (so far) in detention & that this time should not be counted in any punishment he may receive as a result of his trial!
I reckon that if David Hicks is going to be tried in the media, as we've seen today, why not just bring him home & have the trial here?
Incidentally, news reports today suggested that David Hicks' trial would begin in July, at the earliest.
Mr Howard & Mr Ruddock & their current position on David Hicks. Interesting that Phillip Ruddock claims he has not seen the US evidence David Hicks.: "I haven't gone to the US and said I want to look at the brief of evidence and form a personal view on it, because I don't think it's my role." HuH? After 5 years in detention? Well, he's only Australia's attorney general, afterall & David Hicks is only an Australian citizen!
Howard, Ruddock fail to secure Hicks trial date
David Marr and Jacqueline Maley
January 12, 2007/Sydney Morning Herald
NO DATE has yet been set for David Hicks's trial despite the issue being raised in the past few days by the Prime Minister with President George Bush, and by the Attorney-General, Philip Ruddock, with his opposite number in the US, Alberto Gonzales.
"I discussed this matter with the President at some length yesterday," Mr Howard told reporters at Kirribilli House. "He's been left in no doubt as to the strength of feeling of the Australian Government." But he gave Mr Howard no date.
Mr Ruddock's conversation with Mr Gonzales the same day also failed to yield firm promises. "His expectation was that charges would be brought against a number of detainees and his expectation was that amongst that group David Hicks would be included," Mr Ruddock said.
Yesterday was the fifth anniversary of Mr Hicks's detention at Guantanamo Bay, and Mr Howard and Mr Ruddock expressed frustration at the long delays in his case.
"Our position on David Hicks is that we want him tried as soon as possible," Mr Howard said. "We are unhappy that he's been held for so long without trial."
Mr Ruddock said the Australian Government would push to have Mr Hicks's time in Guantanamo Bay subtracted from a prison sentence if he is charged and convicted by the United States - a position at odds with the American prosecutor's.
Mr Ruddock said it was "a matter of principle" that his time in detention be taken into account.
Mr Ruddock surprised observers by claiming he has not seen the evidence against Mr Hicks. "I haven't gone to the US and said I want to look at the brief of evidence and form a personal view on it, because I don't think it's my role. I'm not going to prosecute him. I have asked the American Attorney if he has formed a view on that brief that there is a case to answer, and he has given me the assurance he has."
Mr Ruddock revealed that promises he made to Terry Hicks over six weeks ago to investigate his son's condition have so far yielded nothing. "I have asked our officials in the US to test a number of matters including his wellbeing both physically and mentally," Mr Ruddock told journalists. "Those inquiries have been initiated. I am still awaiting further advice on them."
Vigorous comments by the US chief military prosecutor, Colonel Morris Davis, asserting Mr Hicks's guilt and condemning the tactics of his defence counsel, Major Michael Mori, were defended by Mr Ruddock. He said: "I'm certainly not going to complain about a prosecutor making one lot of comments when I've heard Major Mori commenting on these issues ad infinitum over many months."
http://www.smh.com.au/news/world/howard-ruddock-fail-to-secure-hicks-trial-date/2007/01/11/1168105115651.html
So .... this prosecution buffoon is unleased on the Australian media on the 5th anniversary of David's Hicks' detention at Guantanamo Bay, letting off lots of hot air that has left many of us wondering what the hell he's on about (see AGE letters to the editor in the link below.) ....
In the meantime, our Attorney General declares he
knows nothing about the US charges against Hicks. Says it's not his job. Furthermore, despite giving David Hicks' father an undertaking (6 weeks ago!) to investigate David Hick's deteriorating mental & physical condition, after an extended period in solitary confinement, has not managed to find out anything
about that, either!
And there is
still no clear date on when all this will actually end for David Hicks.
That's
progress for you!
You poor bugger, David!
Letters to the editor from this morning's AGE newspaper:
Justice isn't just for 'nice guys', Colonel
SO DAVID Hicks is not a nice guy, according to US Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions (The Age, 11/1). Since when has the right to a fair trial depended on a defendant being a "good" person? The protection of human rights and the rule of law are not based on reciprocity. Rather, systematic legal protections are how we as a society distinguish ourselves from mob justice and dictator's whims.
Meg Robertson, Camberwell
Please explain
IT IS all very well for Colonel Davis to allege that David Hicks has committed various crimes, but he hasn't answered the obvious question: If he has such a good case against Hicks, why can't he bring it before a civil court, or even a properly constituted court-martial? Why does he (or his masters) have to invent a "military commission" with rules stacked in his favour?
If he wants to "reach out" to Australians, he might try explaining this. And he might also like to explain why he doesn't consider five years' incarceration at Guantanamo Bay to be "punishment".
John Gipps, Clayton
Goebbelsdygook
WERE any further proof needed of the rapid descent into barbarism of the US Bush Administration, the words of Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions, would have provided it.
According to Colonel Davis, the five years already spent by David Hicks in Guantanamo Bay are not to be taken into account when sentence is imposed. Those five years were not punishment, the colonel says, but "simply his removal from the battlefield". It is a breathtaking statement of which Joseph Goebbels would have been intensely proud.
Should we await a further announcement from Colonel Davis that Saddam Hussein has not been executed but simply removed from the courtroom?
Frank Smith, Kew
What the
?
SO COLONEL Morris Davis believes David Hicks was not a naive adventurer but a full blown al-Qaeda terrorist. Colonel Davis also believes that tsunamis are caused by "enough little fish together" and that Hicks' US military-appointed defence lawyer, Major Michael Mori, is blowing smoke and endangering "the health of Australians". What the hell is this guy talking about!?
Aila Copland, Frankston South
Despinning RuddockPhil Bell, Oakleigh South
Time to stand up
THANK goodness for people like Alastair Nicholson who have the moral courage to stand up against the un-Australian, amoral and spineless position of the Attorney-General on David Hicks. Perhaps Mr Nicholson's exposure of Philip Ruddock's hollow, misleading defence of the US military commissions will finally prompt staff and advisers around the Attorney-General, and within the Department of Foreign Affairs and Trade, to stand up to their bosses. Or was Andrew Wilkie the last of a now dead breed?
Mark Jeanes, Narrabundah, ACT
Not so fast!Philip Ruddock, federal Attorney-General
Quit carpingTed Woollan, St Kilda
The way forwardNeil James, executive director, Australia Defence Association
Last Update: Friday, January 12, 2007. 7:02am (AEDT)
Hicks's dad fears son may die at Guantanamo
Guantanamo Bay: David Hicks not been charged (file photo). (file photo)
David Hicks's father says he is worried his son will commit suicide if he is not released from Guantanamo Bay soon.
Today marks the fifth anniversary of Mr Hicks's detention in the United States military camp on suspicion of being a terrorist.
He still has not been charged.
His father, Terry Hicks, says the confinement is taking its toll.
He is afraid his son could die at Guantanamo.
"It's a problem that's always in the back of your mind," he said.
"They've had suicides in the Guantanamo Bay.
"Over the last 12 months his reactions as far as the mental side aren't very good, so we've just got to hope that he's strong enough." ... <cont>
http://www.abc.net.au/news/newsitems/200701/s1825478.htm
Kelvin Thomson is the federal shadow attorney general. In this article, published this morning, he he criticizes the government's handling of the Hicks issue & outlines what he believes should have been the Australian government's response.:
Hicks case is simply about a fair go
January 14, 2007/Sunday AGE
DAVID Hicks' detention at Guantanamo Bay long ago ceased being about him. It is now about us.The Attorney-General omits inconvenient truths. David Hicks is being held right now without charge, whereas two British citizens who were deemed fit to be charged have long since been returned to Britain. But the most worrying point the Attorney-General chose to evade was the US Military Commission's lack of essential guarantees of independence and impartiality. .......
..............
The use of coercion techniques at Guantanamo Bay alone should concern the Attorney-General. Interrogation techniques authorised by the US secretary of defence since December 2, 2002, included treatment amounting to physical coercion. Reports last month about allegations made by 26 US FBI agents about use of illegal interrogation techniques are consistent with claims by David Hicks and his defence counsel, Major Michael Mori.
..................
But let's be clear, the allegations against David Hicks are very serious. Labor is calling for justice, not special treatment.
A month after Hicks was taken to Guantanamo Bay, US defence secretary Donald Rumsfeld said: "We are taking only those we believe there is a prospect of gathering intelligence from that can save people's lives
when we have gotten out of them the intelligence we feel is appropriate and possible, very likely we'll let as many countries as possible have any of their nationals they would like and they can handle the law enforcement prosecution."
It would seem intelligence-gathering, not prison, was the purpose of Guantanamo Bay in 2002. So when was the current policy adopted by the Howard Government?
................
Another concern last week was the sabre-rattling by the US Military Chief Prosecutor. The prosecutor's public judgements of guilt and his disparaging comments about Major Mori certainly didn't herald a fair go or suggest normal legal rules are being observed. ......
.............
The Attorney-General's Government needs to reacquaint itself with the tradition of a fair go and direct his department to seek the same on behalf of all Australian citizens. Legal cases that highlight the adverse consequences of government policy should be no exception; Australia's laws should be administered without prejudice and every Australian given access to justice.
http://www.theage.com.au/news/opinion/hicks-case-is-simply-about-a-fair-go/2007/01/13/1168105223621.html?page=fullpage#contentSwap1
..... & here's the view of the australian federal government's handling of the Hicks case, from Major Michael Mori, the US Marine Corps lawyer assigned to defend David Hicks.:
He's being done over to protect politicians
Major Michael Mori
January 14, 2007/SUNDAY AGE
WHEN I was assigned to represent David Hicks, I knew the US Administration and those within the military commissions system, such as Colonel Morris Davis, chief prosecutor for the US Office of Military Commissions, would resist providing an Australian the same rights and protections as an American. I never imagined Australian ministers would actively support the United States' hypocritical treatment of an Australian. .....
..............
The reality is David Hicks is being left to be done over in another unfair system that is not good enough for anyone else so politicians don't have to admit they made mistakes. If the Attorney-General believes in Guantanamo and the commissions, all Australians who were in Afghanistan should be rounded up and sent there.
http://www.theage.com.au/news/national/hes-being-done-over-to-protect-politicians/2007/01/13/1168105227930.html
Interesting. I'm particularly interested in the federal government's suggestion that it could push the US to have the 5 years that David Hicks has already served at Guantanamo Bay subtracted from any further prison sentence. And the notion that there might be some form of "plea bargaining" involved. (I've seen this avenue mentioned in a few articles recently but can't locate them right now.) Something along the lines of David Hicks admits "guilt" with assurances of early release? That would save a lot of face (& deflect even more heat!) in important places!:
.......
Victorian Attorney-General Rob Hulls said he had no confidence in the ability of his federal counterpart, Philip Ruddock, to stand up for Hicks' right to a fair trial. Mr Hulls wrote to Mr Ruddock on Friday requesting he arrange for US Attorney-General Alberto Gonzales to appear by video-conference at the next standing committee of attorneys-general meeting in April.
"I've got to say that I am sick and tired of Mr Ruddock's prevarication and political spin," Mr Hulls said.
"It's been virtually impossible to get a straight answer from him about specifics concerning David Hicks."
Hicks' father, Terry, said he supported the move and hoped it would shed some light on his son's case.
Mr Hicks said indications from the Federal Government last week that it would push to have David Hicks' five years in Guantanamo Bay subtracted from any prison sentence were too little, too late.
"I believe the Government is worried," Mr Hicks said. "They've had five years to get it right, but what they've done is concentrate on demonising David, and now all of a sudden they're starting to try and smooth over the waters because of the election year."
http://www.theage.com.au/news/national/explain-hulls-to-us-law-chief/2007/01/13/1168105227927.html
According to Alexander Downer (the Oz minister for foreign affairs) David Hicks is in good shape & competent to face a trial. Very surprising news to many of us. How does Mr Downer know this?: "Someone" visited David Hicks at Guantanamo Bay & assured the minister this was so! Who is this "someone"? The minister refuses to say! Honestly! :
Hicks' mental state no issue: Downer
Mark Coultan, New York and Misha Schubert
January 18, 2007/the AGE
David Hicks is showing no sign of mental distress which would affect his ability to face a trial, Foreign Minister Alexander Downer has said. ... <cont>
http://www.theage.com.au/news/national/hicks-mental-state-no-issue-downer/2007/01/17/1168709835078.html
Your dilligence on Hick's behalf is to be admired, msolga.
Bully for you too.
If the rule of law according to the Geneva convention was applied in a legal sense, George Bush the rerun would be behind bars, and Hicks would be home again. :wink:
Thanks, Builder.
Bully to you, too!
It's interesting this "someone" was able to see & assess his mental condition when a request from a psychiatrist to do the same, not too long ago, was refused.
Shame on ya, Alexander! What a stupid , irresponsible & callous comment for a federal parliamentarian to make!
Pretty astonishing news this morning!:
Last Update: Friday, January 19, 2007. 7:18am (AEDT)
US sets terrorism trial rules
By Washington correspondent Kim Landers
The new rules for military courts in the US allow convicted terrorists to be imprisoned or put to death using hearsay evidence or coerced testimony.
The Pentagon's manual will apply to Guantanamo Bay detainees like Australian David Hicks.
It also states a suspect's defence lawyer cannot reveal classified evidence until the Government has had a chance to review it.
The detainee may never get to see classified information. Instead he will be given an unclassified version of the case against him.
Brigadier General Thomas Hemingway says the new rules prohibit statements obtained by torture.
"Number one, if it's torture it stays out, if it's a violation of the Detainee Treatment Act it stays out," he said.
"If it is before that the judge has to make an independent determination as to the reliability of the evidence."
A spokesman from the Office of Military Commissions says he expects prosecutions to begin "soon", meaning Mr Hicks could face new charges within weeks.
'Inferior'
Mr Hicks's military lawyer, Major Michael Mori, says the hearing will be inferior to the standards of a US military court martial and he believes the new rules will not allow a fair hearing.
"We will not provide the same rules and protection that has to be provided to an American," he said.
"If they want to use a fair system they could use the US court martial system - if it's good enough to try US soldiers accused of murder and rape in Iraq why isn't it good enough for David Hicks?"
Major Mori says it is too soon to say if he will challenge the new rules.
http://www.abc.net.au/news/newsitems/200701/s1829686.htm
msolga wrote:Mr Hicks's military lawyer, Major Michael Mori, says the hearing will be inferior to the standards of a US military court martial and he believes the new rules will not allow a fair hearing.
"We will not provide the same rules and protection that has to be provided to an American," he said.
"If they want to use a fair system they could use the US court martial system - if it's good enough to try US soldiers accused of murder and rape in Iraq why isn't it good enough for David Hicks?"
http://www.abc.net.au/news/newsitems/200701/s1829686.htm
Exactly!
I'm seriously beginning to think these trials might never actually take place.
I mean, there are likely to be legal challenges to the outrageous "rules" from all over the place, surely? I think the US authorities are counting on that! And the resultant delays should then give GWB & co plenty of breathing space .... the Australian prime minister, too. (Remember, it's an election year here.)
If the trials
do go ahead & receive the inevitable scrutiny & publicity, the result would be a disaster for the image of the US, world-wide. A public relations disaster.
