*Ø* Blogmanac | Does Hicks stand a chance?
[Aussie David Hicks has languished without trial in Guantanamo for more than two years. This report from the 7.30 Report, ABC TV, Oz]
Hicks lawyer unimpressed with legal process
MAXINE McKEW: And I spoke to Major Michael Mori from the ABC's Washington bureau earlier today.
Major Mori, you've made the point today that the military commission that will try David Hicks has been created, as you've said, by those with a vested interest in conviction.
What is your basis for that claim?
MAJOR MICHAEL MORI, DAVID HICKS' MILITARY LAWYER: I think you have to look at the rules and procedures, is really what I addressed, and I believe that they created a system of justice that will not provide a full and fair trial.
There are certain aspects of this system that are missing from a regular, constituting criminal court.
There is no independent judge.
There is not the type of independent appellate review that you would find in the US civilian courts or under the uniform code of military justice.
I think, most shocking is the rule that prohibits the commission members from ruling on issues that would dismiss a charge or would invalidate part of the commission process.
Instead, those types of issues have to go to the appoint authority, who is the person who started the charges and approved the prosecution in the first place ...
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Legal community expresses concern over fairness of Hicks trial
ELIZABETH JACKSON: But first today, to the surprising comments by the American military lawyer representing the Australian David Hicks detained in Cuba that the Pentagon system of justice is neither fair nor just.
The lawyer's claims have prompted the Australian legal community to express its concerns that the alleged Australian terror suspect might not get a fair trial.
David Hicks has been detained at Guantanamo Bay for more than two years amidst debate about how he should be charged and what he should be charged with.
Well, now the lawyer representing him has challenged and even criticised the very system the Pentagon has put in place to hear the allegations against the Australian.
And while the Federal Government has dismissed the criticisms as the tactics of a defence lawyer, many others are now deeply concerned about the trial ...
Source: The World Today, ABC Radio, Oz
[Aussie David Hicks has languished without trial in Guantanamo for more than two years. This report from the 7.30 Report, ABC TV, Oz]
Hicks lawyer unimpressed with legal process
MAXINE McKEW: And I spoke to Major Michael Mori from the ABC's Washington bureau earlier today.
Major Mori, you've made the point today that the military commission that will try David Hicks has been created, as you've said, by those with a vested interest in conviction.
What is your basis for that claim?
MAJOR MICHAEL MORI, DAVID HICKS' MILITARY LAWYER: I think you have to look at the rules and procedures, is really what I addressed, and I believe that they created a system of justice that will not provide a full and fair trial.
There are certain aspects of this system that are missing from a regular, constituting criminal court.
There is no independent judge.
There is not the type of independent appellate review that you would find in the US civilian courts or under the uniform code of military justice.
I think, most shocking is the rule that prohibits the commission members from ruling on issues that would dismiss a charge or would invalidate part of the commission process.
Instead, those types of issues have to go to the appoint authority, who is the person who started the charges and approved the prosecution in the first place ...
Legal community expresses concern over fairness of Hicks trial
ELIZABETH JACKSON: But first today, to the surprising comments by the American military lawyer representing the Australian David Hicks detained in Cuba that the Pentagon system of justice is neither fair nor just.
The lawyer's claims have prompted the Australian legal community to express its concerns that the alleged Australian terror suspect might not get a fair trial.
David Hicks has been detained at Guantanamo Bay for more than two years amidst debate about how he should be charged and what he should be charged with.
Well, now the lawyer representing him has challenged and even criticised the very system the Pentagon has put in place to hear the allegations against the Australian.
And while the Federal Government has dismissed the criticisms as the tactics of a defence lawyer, many others are now deeply concerned about the trial ...
Source: The World Today, ABC Radio, Oz
Pip Wilson posted item above at 1:43 PM | Permalink
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