The Daily Telegraph
December 15, 2006
by David King

DAVID Hicks could be held at Guantanamo Bay for another two years before facing trial, his US lawyer said yesterday.

Mr Hicks's military-appointed lawyer, Major Michael Mori, said the US Supreme Court could take until 2009 to decide whether the system to be used for his trial was legal.

"Unfortunately we're still waiting for the Secretary of Defence to write the regulation for the new military commission," he said yesterday.

"It could be until 2008 to 2009 that the Supreme Court decides on the legality of the military commission system."

Major Mori spoke outside the Federal Court in Sydney, where Mr Hicks's legal team began proceedings aimed at bringing him back to Australia.

Mr Hicks, from Adelaide, was detained in Afghanistan in November 2001 after allegedly fighting for the Taliban, and was taken to the US military prison at Guantanamo Bay in Cuba in January 2002.

His barrister, Bret Walker, told the court Attorney-General Philip Ruddock, Foreign Minister Alexander Downer and the commonwealth Government had failed in their "protective duty" by not calling for a fair trial in the US.

He said the ministers had made no request of the US for repatriation because they knew Hicks had committed no offences under Australian law.

"The ministers' conduct has been and remains informed by improper purposes, being the inability to prosecute Mr Hicks and the willingness to waive mandated trial standards," said a statement of claim prepared by Mr Walker.

Commonwealth Solicitor-General David Bennett argued the case should not be heard because it had no reasonable chance of success.

Justice Brian Tamberlin set down a hearing in February to decide whether the case could proceed to trial.

Mr Hicks was charged by the US with conspiracy, aiding the enemy and attempted murder, but the charges were dropped after the US Supreme Court found in June the military commission process was illegal.

Major Mori criticised the Howard Government for allowing Mr Hicks to become a political pawn and face "sub-standard justice".

"He spends 22 hours a day locked in a cement room. He's starting his sixth year of confinement at Guantanamo - I think everyone can understand that would be a very difficult situation, locked in a box that long," he said.

"He's really just this little guy caught up in this big political sea."