Australian David Hicks">David Hicks, accused of fighting with Afghanistan's ousted Taliban, is next to go before a US military commission panel tomorrow after the first hearing ended in a challenge to the members' impartiality. Hicks, 29, faces charges of conspiracy to commit war crimes, as well as aiding the enemy, and attempted murder for allegedly firing at US or coalition forces in Afghanistan.
Osama bin Laden's chauffeur declined to enter a plea today at the first US military commission hearings to convene since World War II. Salim Ahmed Hamdan, a 34-year-old Yemeni, declined to enter a plea until motions filed by his military-appointed lawyer were decided. A ruling is not likely until November. His defence is challenging whether the hearing should proceed without a ruling on his "enemy combatant" status, which allows fewer legal protections than prisoners of war. A lawsuit has been filed in US civilian court and is pending. Hamdan's defence attorney, Navy Lieutenant Commander Charlie Swift, also challenged the capacity and impartiality of four panel members - including the presiding officer - and one alternate. "It is important that these proceedings not only be fair, but appear fair to the world," said Swift, in the hearing that lasted more than eight hours.
Hamdan, who was not shackled and wore a flowing white robe, listened intently to an Arabic interpreter through headphones. He smiled and chuckled at several points in the hearing, but appeared more serious toward the end of the hearing as it dragged on. He is charged with conspiracy to commit war crimes, including attacking civilians, murder and terrorism. He isn't charged with any specific violent act. Hamdan has said he earned a pittance for his family as bin Laden's driver before the September 11 attacks, but he has denied involvement in terrorism. US officials allege he served as the al-Qaeda leader's bodyguard and delivered weapons to his operatives. "It was really a day of mixed emotions," Swift said of Hamdan, who has not been allowed to wear anything but his orange prison garb and has lost more than 23 kilograms. "He has wanted a process for a very long time ... But like many people he has concerns." |