David Hicks

[DanP]

I think that the comparison between Hicks and Corby is rediculous and agree with what Al said, but if you think Cannabis is harmless, you're kidding yourself.

Dan

[Metal Head]

Hi,

Well hopefully not too many people got upset with my theory. At least we can say what we think without being locked away for it as happens in many countries.

Regards
David

[ian]

I do agree tho that any Leb, Jew or other who shoots thru to fight for said country should instantly loose their citizenship and pzz off back to where their obvious allegiances lie.

Australians fight in the Australian military. Full stop.

Ah only if it were so.
It's quite legal for Aussies to go and fight in other people's wars, PROVIDED they fight on the side of the legitimate government of the country they are fighting in, OR the side supported by the UN.
As far as I know, Hicks did both. In Kosovo, according to what I heard on the ABC last week, Hicks was training with a UN sponsored anti-Serb unit, in Afganistan he was fighting with the Taliban, who apart from being pretty woeful when it came to human rights or the protection of minorities, was at the time the recognised government of the country.

[maglite]

Now that "jihad jack" has been released because his captors didnt follow correct procedures, i wonder how long it will be before others of his ilk decide to follow the same path.

Seriously, i cant help wonder when his compatriots are going to follow the correct wartime procedures........like maybe never!!!
I fear that we have turned into a country of bleeding hearts too fearful to do the right thing for fear that our neighbours or contempories condemn us for doing the wrong thing.

As we pick up our dead and wounded out of buildings i guess that all of those that lose loved ones can consolate themselves in the knowledge the we, in australia, followed the correct procedures......even if our attackers did not.
That makes me friggin sick to be honest.

[womble]

Now that "jihad jack" has been released because his captors didnt follow correct procedures, i wonder how long it will be before others of his ilk decide to follow the same path.

Seriously, i cant help wonder when his compatriots are going to follow the correct wartime procedures........like maybe never!!!
I fear that we have turned into a country of bleeding hearts too fearful to do the right thing for fear that our neighbours or contempories condemn us for doing the wrong thing.

As we pick up our dead and wounded out of buildings i guess that all of those that lose loved ones can consolate themselves in the knowledge the we, in australia, followed the correct procedures......even if our attackers did not.
That makes me friggin sick to be honest.

The Spanish didn't kick the invading Islamic Moors out of their country centuries ago by being nice about it...

The reverse is also true, Saladin didn't kick the pesky crusaders out of the Holy land by being nice either...

[conjoe]

too all who comdem him with out a trail
what if i was your son /
and dont answer with my son never get in to anything,
if tried and found guilty different story
yet we let drug dealers leave this country arnet they killers too ?

[silentC]

Have you actually read any of the posts above?

[dazzler]

Now that "jihad jack" has been released because his captors didnt follow correct procedures, i wonder how long it will be before others of his ilk decide to follow the same path.

Seriously, i cant help wonder when his compatriots are going to follow the correct wartime procedures........like maybe never!!!
I fear that we have turned into a country of bleeding hearts too fearful to do the right thing for fear that our neighbours or contempories condemn us for doing the wrong thing.

As we pick up our dead and wounded out of buildings i guess that all of those that lose loved ones can consolate themselves in the knowledge the we, in australia, followed the correct procedures......even if our attackers did not.
That makes me friggin sick to be honest.

Hi Maglite

The AFP did not allow Thomas legal representation. This was always going to be an issue and the defence raised it during the trial however the Judge erred at law by making it admissable.

The access to legal representation is funadamental to Australian Law. The rights and oblegations of a person being formally interviewed is seven pages and takes about three minutes to get through. "You are entitled to the services of a legal practitioner of your choice" etc

The beauty of this is the very few Commonwealth matters get thrown out during trial because of the fairness shown to the accused. Threats, promises or inducements are out of bounds as well so its basically down to good police investigative techniques and preparing the evidence or case against them before starting an interview.

It is my guess that the AFP were more interested, and correctly IMO, to get information on potential attacks and other cells that Thomas may have had knowledge of.

Very similar to an "off the record" type of conversation. In can help the direction of your investigaton, but is inadmissable. You get the info you need but burn any chance of using it against the accused.

The problem that has ocurred is that all the evidence has been tainted because of an error at law. Not sure what they had before the interview but it would appear very little seeing that the false passport and recieving funds was thrown out as well.

An interesting case of the need for intelligence verse desire to prosecute.

cheers

dazzler

[DanP]

I knew we couldn't agree twice in one day

It wasn't the AFP that denied the terrorist legal rep. The Pakis would let them. The dog was told of his right to a lawyer several times and HE WAIVED THAT RIGHT.

The conversation was a proper recorded interview and should IMO be fully admissable.

If a POS crook decides that he doesn't want a mouthpiece, as happens every day in local crimes, then that should be the end of the issue. Legal Representation should not be forced on any person who chooses not to exercise their right to it.

Another Judge with his head up his ar5e.

Dan

[Bob38S]

.........

Another Judge with his head up his ar5e.

Dan

Seems to be a common feat for [most] of those who occupy those high benches and for those who aspire to the same level.

Most of us ordinary types can't quite achieve the head up @*** status - the best most of us can achieve is pursed lips on the cheeks as we end up kissing it goodbye.

Ever notice how many "legal eagles" are in parliament.........

[Beerbotboffin]

I feel that the real issue has been missed.

I don't have an opinion on Hick's guilt or innocence.

He has not been charged or been given his day in court (not even a trumped-up US military one), and has been left to rot in Cuba for 4 years or however long it has been.

For me, the two real issues are:

a. Our elected government has done bugger all to help one of it's citizens.
b. The US government wanders around the world, beating up smallish (mostly oil-rich) countries in the name of freedom and democracy. How does stuffing around Hicks (and all the rest of his mates in Cuba) show the world how great and freedom loving the US is? Just goes to prove their point, sadly.

Doesn't reflect on us too well either, I should think.

[silentC]

I don't think anyone has missed that, in fact we've discussed it a lot in the preceding pages. Much of the debate hinges on whether you consider him a POW or not.

If you have been following it, you'll know that the US wanted to try him in a military setup but the US Supreme Court ruled against it. Now we're waiting to see what they'll try next.

[Greg Ward]

Read what has been scrawled over the past month.

David Hicks will probably be able to get elected as a green member to a council in Marrickville when he eventually returns after the war......

Again I repeat...... POW's or enemy combatants are kept locked up for the duration of a war to stop them rejoining the fight. Yes, our customs dept. may be able to stop Mr Hicks returning to Afganistan, however that's not the case for most of the interees as far as I understand, who are middle east born, so they will stay there.....

Tough perhaps, but talk to the Australian POWs of the Japanese and ask them whether they'd prefer to be in G Bay or Tokyo Bay.....

Regards
Greg

[DanP]

The Australian Govt has provided Hicks with legal representation and has been in touch with govt reps almost constantly. Other than that, what can they do? Lobby for his release....HA! Hicks MUST go through the process of the nation he has offended against. He was going to front a military commission, but the really smart lawyers got them banned and had the detainees called POW's. Now he waits for whatever new thing they come up with and if the US decide to hold them as POW's they will hold them till the war ends. How long do you reckon the war on terror will go for? All his idiot lawyer has succeeded in doing is getting him incarcerated for the rest of his life. Which is what he deserves anyway.

Dan

[bitingmidge]

Gee that 's a harsh call Dan. His "idiot lawyer" seems like a really nice bloke, and not that dumb either. The interview with Denton was interesting, although while always taking a humanitarian line, he did say that "David had made some poor life decisions".

I always wonder what's been left out. Read it here:
http://www.abc.net.au/tv/enoughrope/...s/s1709428.htm

Cheers,

P