Al-Qaeda trained Australian Hicks for six months

TERROR suspect David Hicks received advanced training with al-Qa'ida for up to six months, the federal Government has been told.

The allegation is believed to be part of the US case against the Australian, who has been held in a US military prison at Guantanamo Bay, Cuba, for the past 19 months without charge or trial after being captured in Afghanistan.

The Government has been told the US will allege Hicks learnt to use a range of weapons and carry out surveillance and ambushes during six months of training in al-Qa'ida's program.

The new details emerged after The Australian launched a Freedom of Information application seeking correspondence between the Australian and US governments over the Hicks case.

But the Government has refused to release the documents, saying that to do so could damage relations with the US.

Justice Minister Chris Ellison, who left for Washington yesterday to lobby US officials to ensure Hicks gets a fair trial, said Hicks's situation was not a straightforward criminal matter.

"You have to remember that an outrageous act of terrorism was committed on the United States (on September 11, 2001) . . . This is not a simple situation of someone transgressing criminal law," he said.

"It was quite appropriate that the United States took the action it did in Afghanistan . . . This has been a matter where there's been an issue of conflict, where the United States took Mr Hicks into custody in a complex situation and you have to look at it in that context."

Senator Ellison said there were no Australian laws under which Hicks could be charged but Australia strongly opposed the death penalty, which could apply to some of the "illegal combatants" held at Guantanamo Bay.

"If there is a charge, if he has committed an offence, then he should be tried there," he said. "I am not sure what the charges are, but the charges are essentially if you engage in war-like activity, hostile activity against American troops and you are captured, you can be put on charges," he told Melbourne radio.

Defence Minister Robert Hill defended the Government's decision to reject The Australian's Freedom of Information request.

"I think the point to stress is that this is an ongoing matter and it would be extremely unusual to reveal the inner workings of an ongoing relationship and negotiation between governments while that is occurring," he said.

Hicks link to terror: Downer
By John Kerin and Thea Williams
July 23, 2003
FOREIGN Minister Alexander Downer confirmed yesterday that the federal Gov ernment had been told terror suspect David Hicks had trained with al-Qa'ida for several months in Afghanistan before being captured and handed over to the US.

Government sources also expressed concern yesterday that another organisation to which Mr Hicks has been linked, Lashkar-e-Toiba, is listed as a terrorist organisation in Australia under assets-seizure legislation.

Mr Hicks's father, Terry, said on July 9 his son had trained with the Kashmiri revolutionary group, which, while it ran Koranic colleges in Pakistan, also had an education and social-welfare agenda.

Opposition justice spokesman Robert McLelland accused the Government yesterday of selectively leaking details of the Hicks case – leaking that would be considered contempt of court in Australia.

Australian officials in Washington are pushing for Mr Hicks to have access to an Australian lawyer and avoid the death penalty as part of their efforts to secure a fair trial for him before a US military tribunal.

It is understood the Washington talks, led by Justice Minister Chris Ellison, will try to restore legal privilege for Mr Hicks's discussions with his lawyers, which the US has ruled out for him and the "illegal combatants" detained with him at the US military prison at Guantanamo Bay, Cuba.

John Howard insisted yesterday the diplomatic mission to the US would lead to an improvement in the trial process and ensure Hicks received a fair trial.

"I would expect those discussions will produce a change, by way of improvement, in the procedures before the military commissions, but it's a bit too early to say at the moment exactly what they will be," the Prime Minister said.

The Government has come under sustained criticism from the Opposition, civil liberties groups and the Hicks family for refusing to release information about Mr Hicks, who has been detained without trial at Guantanamo Bay for 19 months since his arrest in Afghanistan.

It has refused a Freedom of Information application to reveal correspondence between Australia and the US over the case, saying that to do so could damage relations with Washington.

A member of Mr Hicks's legal team, Franco Camatta, said whatever the outcome of the negotiations in Washington, he might not represent the Australian.

He said the Government had kept the team in the dark over what was being negotiated.

"Do we acknowledge the US defence trial lawyers' view that their members shouldn't participate, or do we say it's important he (Mr Hicks) has some representation?" Mr Camatta said.

"That's a double-edged sword."

http://www.theaustralian.news.com.au/common/story_page/0,5744,6797019%255E2702,00.html

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.