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Lawyers slam Pentagon ruling
Lawyers for Australian terror suspect David Hicks AKA Mohammed Dawood said they were shocked at the Pentagon's decision to push ahead with his trial.His defence team was caught by surprise at the decision to hold another hearing at Guantanamo Bay within 30 days. US Marine Corps Major Michael Mori said his client was to be "the guinea pig for this unfair and rigged show trial". Major Michael Mori also challenged claims the defence team was prepared to proceed with the trial, saying the defence office was severely undermanned. His view was repeated by Mr Hicks' father, who said the procedure was "a sham". "This is going to be another case of moving too fast ... the defence isn't ready yet," Terry Hicks said. "David's being used one again as a political football. Bring him home. Let's get him back here." John Altenburg, the appointing authority for the US military commissions set up to hear cases, lifted the stay on Mr Hicks' trial this morning. He directed the presiding officer to hold a hearing within 30 days to resolve preliminary issues, the Pentagon said. A second session would be convened a short time after to pick other commission members and to resolve any other outstanding motions. "This decision clears the way for the Hicks trial by military commission to resume at Guantanamo Bay, Cuba, in the near future," the Pentagon said. The ruling was attacked by Mr Hick's Adelaide-based lawyer, who said his client's defence team had no chance of being ready to proceed with the case. "I can only assume that it has come as a result of pressure from the Australian Government," said David McLeod. Mr McLeod was highly critical that Mr Hicks' defence team learnt of the development through the media. "Nobody has spoken to the defence, it's disappointing and outrageous," he said. "It wouldn't happen anywhere in the world, and therefore doesn't happen in any criminal jurisdiction." He said his client would be unaware of the latest development. "He obviously wants to be put before a fair tribunal - he doesn't care where, as long as it complies with accepted standards of justice." No trial date was set in the Hicks case, but the action in effect opened a window from October 3 through October 20 during which the case might be heard, officials said. The action follows a federal appeals court ruling in July that reaffirmed President George W. Bush's authority to order trials of war-on-terror detainees by special military commissions in the case of Salim Ahmed Hamdan. Lawyers are appealing that case to the Supreme Court, but Pentagon officials said they had decided to proceed with the Hicks case anyway. "The Australians have indicated their desire to see the Hicks case move forward as expeditiously as possible, but at the same time we are cautious to ensure that he receives a full and fair trial," a Pentagon official said. Adelaide-born Hicks is charged with conspiracy, attempted murder and aiding the enemy. The 29-year-old Muslim convert has been detained by the US military since he was captured allegedly fighting with the Taliban in Afghanistan in December, 2001. The US alleges he had links to the terrorist group al-Qaeda. Major Mori said today: "Mr Hicks is the only one facing a commission. "The lifting of the abeyance in the case of David Hicks makes clear that David Hicks will be the guinea pig for this unfair and rigged show trial ... and the test case for the commission process. "The military commission system will not provide a full and fair trial, whether it starts today, in a month or in three months. "The rules are constantly changing. "The system is controlled by those who have already condemned Mr Hicks." He said it had taken seven months to get a second military lawyer to assist in representing Hicks and the one eventually assigned already held a full-time position in Germany. "The prosecution has been provided seven different counsels to work on the Hicks case over the past two years with four still currently assigned," he said. "The staffing of the appointing authority's office is at 18 personnel, the prosecution's office at 25 personnel and the defence at five personnel." Posted by: Groluns Snoluter6338 2005-09-21 |
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