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US Government Terror Suspect David Hicks Could Have His Name Cleared After US Court Decision

Written by The Informed Aussie
Published on Wednesday, October 17th, 2012
Globalist Report

An image of aussie terror suspect David Hicks and his DadDAVID Hicks’s former US military lawyer says the Australian’s terrorism conviction could be overturned after a landmark decision in a US court overnight.

A US appeals court has ruled that the charge Hicks was convicted of in 2007 – providing material support to terrorism – cannot be applied retrospectively.

The court has overturned the conviction of Osama bin Laden’s former driver and bodyguard, Salim Hamdan, saying providing support for terrorism was not a war crime at the time of Hamdan’s alleged conduct from 1996 to 2001, and therefore could not support a conviction.

Dan Mori, the former US military lawyer who represented Hicks at his Guantanamo Bay hearings, has told ABC News Breakfast that the decision means that Hicks’s conviction on the same charge is unlawful.

“It [the charge of material support for terrorism] is null and void for conduct prior to 2006,” he said.

“It is showing that what they set up was ineffective. They were trying to set up an ad hoc process after the fact instead of using the Federal Court system in the US that has been trying terrorism cases for years before and worked effectively.

“Unfortunately the military commission system was set up and it was rushed, and not very effectively, so now we see the problems with it.

“The foundation is rotten and the house is starting to crumble.”

HICKS was captured in Afghanistan in 2001 and taken to Guantanamo Bay detention camp. In 2007 he was charged with and pleaded guilty to providing material support for terrorism.

He was sentenced to seven years’ jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order.

Mr Mori said it was now up to Hicks’s current lawyers to decide if they would formally seek to have his conviction overturned.

“I think it would be great for some official recognition that what he was put through was not fair and was not just,” he said.

“I think that this court decision supports that position and hopefully it will act as some catalyst to getting some real closure and clearing his name officially.”

Mr Mori said the decision was also an embarrassment for the Australian government of the time, which went along with Hicks’s trial at Guantanamo Bay.

“I don’t think there is any real serious consideration that his conviction was valid but the real question why did the Australian Government allow this to happen to an Australian citizen?” he said.

Hicks’s father Terry Hicks said he had not yet spoken to his son to give him the news.

An Image of Dvid Hicks father Terry Hicks“We have been saying all along that the laws were being retrospected [sic] so that they could carry on with this procedure of charging him with something,” he told Australian news broadcaster ABC.

“We have asked for inquiries into all this business and into other things but it’s been sidelined, too hard basket, may get other people into trouble, whatever.

“I suppose if David’s name is legally cleared that makes me feel a lot better. It will make David feel a lot better, and I think the people that have supported David over the years, they will be able to put their hands up and say, ‘This is what we have all been working for’.”

Credit: ABC News Australia

  • matchu

    P>S I agree he should not have been convicted under supporting terrorism
    However under existing laws yes facing Australian soldiers or allies under combat i.e. he had a gun and was protecting a Taliban instillation bingo that treason

  • matchu

    No I don’t agree hicks were caught supporting the Taliban i.e.
    He trained with them met bin laden…
    If this was world war two he would have been captured and shot as an enemy combatant..
    All Australia had to do was declare war against the Taliban and bingo hicks under war powers would have automatically been shot for treason
    Under Australian law no solder can fight for an enemy government.. This means you cannot be a mercenary as you are breaking Australian law

  • Tony Ryan

    This is crap. Hicks is an Australian citizen and he broke no Australian law, so he was innocent. Secondly, he has never been a US citizen and he was not in the US, so US law does not apply, He is innocent on that count as well. The US kidnapped an Australian citizen doing nothing other than what Ernest Hemingway did fighting fascists in Spain, as were hundreds of other Americans and even Australians; all later regarded internationally as heros. When, eventually, the American Empire is brought down, the war criminals who abducted Hicks and other Australians and tortured them, will be tracked down and justice will be done. The politicians who supported this oppression will also stand trial for treason, a prospect covered adequately in sections 44 and 51 of our Constitution. However, the AFP and ASIO will face a pretty torrid review of their own.

    • Andrew Puhanic

      Well said Tony… I agree.

      • Tony Ryan

        Thanks, Andrew. Several years ago I supported Hicks in a book published as Delusions of Democracy and I don’t mind admitting that for a while there I thought I might get a harsh dose of renditioning myself. These days a once-tiny resistance movement numbers in millions, even in Australia, so we can all breathe more easily… but still quietly if we don’t want to provoke a reaction from the psychopathic Zionist plutocrats.

        Keep up the great work.

    • Tony Ryan

      Matchu… you are both ignorant and stupid. Al Qaeda was started by the CIA, has continued to work for the CIA, and is funded by CIA Black Ops, including the sale of Afghan heroin; even in Egypt, Libya and now Syria. Now they serve the same cause as the US, as made clear by Clinton. The Taliban are religious zealots in a country on the opposite side of the world and were never even remotely a threat to Australia. They fight invaders for the same reason all people fight invaders. They will win because 90% of Afghans want us out. Earlier, the US and NATO set up a phony war in Yugoslavia, using their very own Kosovo Liberation Army as a false flag excuse to bomb Serbia, and to kill Muslims elsewhere. Hicks went there to help Muslim victims, as he was entitled to. Later, he realised that without training he was more a hindrance than a help so he sought militry training and found this in the Pakistan./Afghan madrassas. The geopolitcs was as much over his head as it is over yours. Had he returned to Oz he would have been OK but he was caught by the Seppos and they unilaterally declared him in breach of US law… which was transparent crap, as the courts will eventually show. He was tortured for years until he admitted guilt as charged ONLY to preserve his sanity. Howard and Downer, cheerful supporters of US fascism and torture and genocides, were happy to give the Yanks the thumbs up. Most Aussies concluded this was wrong, wrong, wrong. But obviously, not you.