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Hicks may face conspiracy charge
By North America correspondent Leigh Sales
The father of an Australian man held at the US military base in Guantanamo Bay in Cuba says he is still in the dark over what charges his son faces.
Adelaide lawyer Stephen Kenny has just come away from meeting David Hicks in custody.
Mr Kenny has not seen all the evidence against Mr Hicks but believes his client will face a charge related to conspiracy.
Mr Hicks's father Terry is still puzzled about what that means.
"I actually got the dictionary out to see if it defines it a bit better but it covers so much ground," he said.
Mr Kenny is the first independent lawyer to visit Guantanamo since the detention facility was established.
He says his client was extremely happy to see him.
"If I remember correctly, I think I said to him, 'g'day mate', and he looked at me and said, 'Steve Kenny', and I went 'yes'," Mr Kenny said.
Mr Kenny retains serious doubts that his client will receive a fair trial.
"It appears to me that Saddam Hussein is going to be afforded a trial that represents a fairer system of justice than what David Hicks will receive," Mr Kenny said.
Mr Kenny says Guantanamo is a physical and moral black hole but that Mr Hicks has been treated well by staff.
"He's not been ill-treated since his arrival in Guantanamo Bay, if you ignore the isolation, his lack of access to the outside world and his denial of his basic human rights," he said.
Mr Kenny and Pentagon defence lawyer Major Michael Mori met Mr Hicks for up to six hours a day for five days.
Mr Kenny is prevented by the Pentagon from disclosing many details of their discussions but says Mr Hicks is in good mental and physical shape.
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HICKS FACES CONSPIRACY CHARGE SBS World News 18.12.2003. 09:16:49
The Australian lawyer representing terror suspect David Hicks, who has been held for more than two years at the Guantanamo Bay US military base in Cuba without charge, believes he may eventually face a charge of conspiring with others to carry out terrorist actions.
Stephen Kenny is the first independent lawyer permitted to visit the detention facility since it was established.
"I have some limitations on what I can and cannot say, but I think I can say the charge will be some form of conspiracy charge," Mr Kenny said.
Mr Hicks was arrested in December 2001 while fighting with the Taliban against the Northern Alliance in Afghanistan.
Mr Kenny spent up to six hours a day in Mr Hicks's company over the past five days and says "considering the conditions and his circumstances, he appears to be in reasonable spirits although he's quite depressed about his conditions and essentially what's happened to him".
"He's not been ill-treated since his arrival in Guantanamo Bay, if you ignore the isolation, his lack of access to the outside world and his denial of his basic human rights," Mr Kenny said.
Restrictions imposed on Mr Kenny by the Pentagon prevented him from commenting further on the specifics of Mr Hicks's case, including conditions at the base and the interrogation process.
However he criticised the legal proceedings for Guantanamo's more than 660 detainees, and claims Washington is trying to create a hierarchy of law in which an American received the fairest legal treatment, followed by someone from Britain, then Australia and then everybody else.
He referred to the conviction of John Walker Lindh who was returned to the US to face charges for his activities with the Taliban and was able to negotiate a twenty-year sentence.
"It appears to me Saddam Hussein is going to be afforded a fairer system of justice than what David Hicks will receive," Mr Kenny said.