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"...public opinion deserves to be respected as well as despised" G.W.F. Hegel, 'Philosophy of Right'

no respect for the law « Previous | |Next »
August 4, 2005

It would appear from various accounts in the media that the Americans have little intention of giving David Hicks, who held at Guantanamo Bay for almost four years, a fair trial. Three former US military prosecutors have expressed their concerns over the trial process for Guantanamo Bay inmate David Hicks, two of them saying it is flawed and that any outcome is inevitably rigged.


Nor does the Howard Government care that an Australian citizen is being judged by an American military justice system. Hicks has been detained for 4 years without charge and he has been subject to punishment without proper access to independent legal advice. It is unclear what law Hicks has been broken, or even what he has been charged with.

Unlike Britain, which insisted that British prisoners be repatriated, the Australian Government supports the way the US is treating Australian citizens.

| Posted by Gary Sauer-Thompson at 3:47 PM | | Comments (10)


The sentimental view (now myth) was that your Australian liberties did not end at the coast-line, and that the Australian government would go into bat for you if you were detained overseas. No more. Howard would be well to remember that 5% of Australians live outside of Australia at any one time and throwing one Australian to the wolves does not build confidence with the one million other Australian that are living and working overseas.

It was a clear message to the diaspora, forget about Australian liberties and principles; only expect Australia to help you if it is politically convenient.

I just do not get the sympathy for the trainee terrorist Hicks, we have all seen the photo of him with a weapon (grenade launcher?) Would this person who trained as a terrorist, who is a pagan, death loving, islamic show any sympathy to his intended victims? These victims would be Christian or other non-pagan moslems. These victims, of course un-armed and civilian,could be you, your family, myself or/and my family. This trained terrorist is/was a dangerous potential gutless, cowardly, craven killer. So why all this sympathy for such a vile person?
NO! I am not a follower of lying, deceitful, divisive little johnie! numbat

Because I have not seen any of the evidence weighed and measured in an impartial court of law.

Nor will I, it seems.

This is a gross peversion of justice, and an even grosser attack on our Sovereignty than a hundred boat loads of queue jumpers ever were.

R. Patterson; You confuse sympathy for the rule of law with sympathy for Hicks. What we have now is arbitrary government. Any legal process will be hidden under the Executive, and the military. It will not be public, the outcome wont be irrefutable, and it will most likely be determined by political demands. In other words, justice is impossible under such a system.

We have the rule of law, and a consistent, replicable legal process for a reason. Individuals are not supposed to be convicted in the court of public opinion, no matter how guilty they ultimately are. The legal process must be the final arbitar of facts and judgement. It is the only way justice can be done.

Has the left run out of poster boys since Uncle Joe and Mao went to hell. Hicks who is a certifiable lunatic is now a hero. This is the piece if shit who took great satisfaction in killing neighbors pets. He used to kill them slowly as he liked to see animals squirm with pain. This lowlife dirtbag ends up in Afghanistan looking to upgrade his interst in killing, but this time humans. He is lucky he didn't get a bullet in the head. But then we have lefties treating this c... like hero.
Is this fucked up or what?

s.happens, nice ad-hominem. Had no bearing on what was said. Due process is like free speech, everyone is entitled to it - without exception.

Damn right Cameron, it's meant to be the bedrock of our system and it's being torn down, piece by piece.

If they ever come to take you away s.happens, just pray that there are some of us soppy left wingers still left to try and get you fair treatment.

Let's go through this one more time for the cretins, it aint the person, it's the principle.

As I understand it Hicks was fighting for the Taliban against the Northern Alliance rebels. That was prior to Australian involvement in Afghanistan.

How is that taking sides in a civil war in a foreign country a crime under Australian law?

Hicks is charged with attempted murder, conspiring to commit a war crime,translating jihadist manuals and he will be tried before a military commission that does not follow the rules of a court martial let alone a normal court.

Some of the claims lack credibility---translating jihadist manuals as Hicks does not speak more than a few words of Arabic.

The suspicion is that Hicks is not being tried in Australia because the required evidence is lacking.If there is sufficent evidence against Hicks then he should be put on trial in a proper court.l If not, he should be relealsed and deprived of his passport.

Why the "bleeding heart" concern about a pagan moslem who trained with a terrorist group - I've seen the picture of hicks with a grenade launcher. This trained terrorist killer would kill any of the "bleeding hearts", with no compunction at all, that now want a fair trial for him. THE MAN(a generic term only - as he is just a cowardly killer)IS A TRAINED TERRORIST/KILLER. Please you "bleeding hearts - please get a life. numbat

I suspect I am being trolled by Robert Patterson, but that is ok. We are a nation of laws, a nation of judicial processes that end in just and irrefutable outcomes. Due process is essential for everyone, otherwise we become a nation of men, a nation of arbitrary government and consequently one of tyranny.

Due process is a natural right for any individual under the jurisdiction of a government. Every individual has the right to face their accuser in a court of law.

Whether it is Hicks, or Mrs McGillicuddy down the road - it does not matter. Everyone will be treated by the judicial system equally, and with the same rights. It is the only way a just outcome can be had. If Hicks is guilty of the crime he is charged with, then he will go down. It is better for the integrity of the system that it is done through the judicial, and not through the court of public opinion with People Magazine leading the charge.

One other thing I do not understand with many commenters on blogs that take an extreme view, is the level of fear and irrationalism they have. I am not scared of Hicks, or bin Laden, or any other. The government, media and extreme bloggers need to understand this - I am not scared.

I live in a high risk part of the world, and I remain flat out not scared. I have gone through Sept 11th, the beltway sniper and even had to wash my hands after touching mail when our local mail facility got infected with anthrax. I feel like Kryten explaining something to Cat - but it is important so needs repeating - I am not scared.