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| Lawyers slam Pentagon ruling |
| 2005-09-21 |
| 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 |
| #6 Jim, I'd rather invoke the Infield Fly rule: no matter what, the batter is still out. Protest to the ump all you want, Davy, you're still history. |
| Posted by: Steve White 2005-09-21 18:16 |
| #5 The "Baseball Rule" should be in effect here. 1 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. 2 Adelaide-born Hicks is charged with conspiracy, attempted murder and aiding the enemy. 3 "This is going to be another case of moving too fast ... the defence isn't ready yet," Terry Hicks said. (From Dec 2001 to September 2005 is 45 months) GTMO COMMANDANT "Do we still have the MARK 24 Portable Gallows in Stores?" AIDE "Yes Sir" COMMANDANT "Assemble it." AIDE "Sir, Yes Sir." |
| Posted by: Redneck Jim 2005-09-21 17:54 |
| #4 A Marine Corps major is bitching about this? He must be real popular over at the Guantanamo Officers Club. |
| Posted by: tu3031 2005-09-21 11:02 |
| #3 Pull the SF teams out and send the lawyers in. |
| Posted by: ed 2005-09-21 08:57 |
| #2 Oh Danno I need backup ... bring Kono ASAP and tell the badman to give us a continuance of at least 150 days! If you make a thing complicated well then complicated it will be. Depending on who you ask, 30 days is plenty of time and a trial sooner is a trial better! (are these not the same folks bemoaning Hicks' detention?!) It's not like he was arrested, arraigned, prelim'd, and scheduled for trial in the last month is it. So they talk to their client and he tells them his innocent path from home to a battlefield abroad. Pretty simple matter to sort if it's the truth. They'd do well to stick to the truth and the basics as the rest easily takes care of itself. Now, if the truth is ugly then I suppose you've got to prepare an act for each ring of the circus and throw them out there in an attempt to please the audience or at least make them impossibly confused about which way is up and which hand is the right. When you can't deal in the truth things do indeed become complicated and require alot of time and lawyers to "prepare." |
| Posted by: MunkatKat 2005-09-21 08:37 |
| #1 Someone should tell this reporter: Yes, you really can have more then one sentence in a paragraph.... |
| Posted by: CrazyFool 2005-09-21 08:37 |