ABC News online Thursday, August 4, 2005. 11:59am (AEST)
Former High Court judge backs repatriating Hicks
Former High Court Justice Mary Gaudron has added her voice to the growing condemnation of the way Australian Guanatanamo Bay detainee David Hicks is being treated.
Yesterday, it was revealed a third prosecutor left the military commission when it was being set up last year, because of concerns the process was rigged and unjust.
Meanwhile, a report by two academic lawyers at the University of New South Wales has argued there are legal grounds on which Hicks could be tried in Australia.
Ms Gaudron says she agrees it may be possible to try him 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."
Meanwhile, US military lawyer defending Hicks says Prime Minister John Howard should not be confident of his client being dealt with fairly.
Mr Howard has said the best way to achieve justice in David Hicks's case is to go ahead with a US military commission, despite claims from within the US military that it is set up to ensure a conviction.
Defence lawyer Major Michael Mori says his client has made two preliminary appearances ahead of his trial and notes observers from the American 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 the Guantanamo Bay detainee David Hicks says the Federal Government has also declined to give financial assistance for another Australian lawyer to assist his case.
David McLeod was to be joined by a second lawyer to work as foreign attorney consultants in Cuba to help Hicks's military defence team.
A spokesman for Federal Attorney-General Philip Ruddock has told him the Government cannot afford to help both lawyers.
The news comes ahead of Hicks's 30th birthday this Sunday, his fourth in US detention.