Posted on 09/27/2005 2:33:46 AM PDT by Dundee
Hicks first to face US commission
AUSTRALIAN terror suspect David Hicks will be the first Guantanamo Bay detainee to be tried at a US military commission, with the Pentagon announcing today he will face a hearing on November 18.
Hicks' first scheduled motions hearing would take place at the US military base at Guantanamo Bay, Cuba – where the Adelaide-born man has been detained since January 2002.
The 30-year-old pleaded not guilty to charges of attempted murder, conspiracy and aiding the enemy at a commission hearing in August last year.
His father, Terry Hicks, said today his son would not receive a fair trial before the commission.
"The attempted murder charge is farcical because the Americans have already said David has never fired a shot at any coalition forces or civilians," Terry Hicks said today.
Mr Hicks said his son had been let down by the Australian Government's failure to bring him home.
"The Australian Government ... deemed him to be guilty right from the word go without him facing any court system," Mr Hicks said.
The motions hearing, which will tackle legal issues, is expected to take about a week.
Hicks, who was captured among Taliban forces in Afghanistan in December 2001, is attempting to avoid the trial by becoming a British citizen.
His mother was a British citizen.
The British Government refused to allow any of its nine inmates at Guantanamo to be tried, amid fears the US tribunals did not meet international justice standards.
But Foreign Minister Alexander Downer said today the Australian Government was not embarrassed by Hicks' bid for British citizenship.
"If David Hicks became a British citizen ... his destiny would be determined by the British and American governments," Mr Downer said on Southern Cross radio in Adelaide.
"But my guess is that, no matter what, he will face the trial that he is scheduled to face and I think it is much better that he does face that trial."
The delay until November could also give Hicks valuable extra time with his US District Court challenge of the military commission process.
A key ruling by US District Court judge Colleen Kollar-Kotelly has been pending since July.
The judge is deciding whether to lift a stay and allow Hicks to challenge the military commission in her court.
If the judge lifts the stay, his trial could be halted.
That's the key phrase and I doubt Hicks was there trying to convert the Taliban to Christianity.
1) Did you where the lawful uniform as a soldier of a country?
2) Did you carry lawful identification as a soldier of a country?
3) Since you were not wearing a lawful uniform or identification as a soldier or a country and are not covered under the Geneva Convention, what is your basis or plea before this tribunal?
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