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Hicks appears in Guantanamo court Hicks appears in Guantanamo court
(about 1 hour later)
The first detainee at Guantanamo Bay to face terror charges under new US rules, Australian David Hicks, has begun a hearing before a military court.The first detainee at Guantanamo Bay to face terror charges under new US rules, Australian David Hicks, has begun a hearing before a military court.
Lawyers for Mr Hicks, who has been held at the US base for five years, have been considering a plea bargain. He is accused of providing "material support for terrorism".
Unless he pleads guilty, he should proceed to a full jury trial by July. Lawyers for Mr Hicks, who has been held at the US base for five years, have been considering a plea bargain, hoping he can be handed to Australian custody.
David Hicks was the first detainee to be charged under the new Military Commissions Act, accused of providing "material support for terrorism". He was the first detainee to be charged under the new Military Commissions Act, which human rights groups condemn.
It is alleged that the Muslim convert attended al-Qaeda training camps and fought with the Taleban.It is alleged that the Muslim convert attended al-Qaeda training camps and fought with the Taleban.
'Razor denied' He appeared in court on Monday, wearing khaki prison fatigues and hair down to his chest.
One of Mr Hicks's defence team, David McLeod, would not say how his client would plead, but suggested a plea bargain might be an option.
"All of the options obviously have to be discussed, from not guilty and tough it out, through to 'How do I get out of here at the earliest opportunity'," he said.
He said the five years his client had spent at the Cuban base had "begun to take a toll".
"Today he had dark, sunken eyes and he looked very tired," Mr McLeod said after a meeting with Mr Hicks on Sunday.
Profile: David Hicks Q&A: Military tribunalsProfile: David Hicks Q&A: Military tribunals
Mr McLeod said his client had grown long hair so he could pull it over his eyes at night to keep out the light and allow him to get to sleep. One of Mr Hicks's defence team, David McLeod, said his client had grown long hair so he could pull it over his eyes at night to keep out the light and allow him to get to sleep.
Mr Hicks wanted to shave his beard but had been denied a razor, the lawyer said. He had been clean shaven. Earlier the lawyer said Mr Hicks had been denied access to a razor.
Mr McLeod would not say how his client would plead, but suggested a plea bargain might be an option.
"All of the options obviously have to be discussed, from not guilty and tough it out, through to 'How do I get out of here at the earliest opportunity'," he said.
Unless he pleads guilty, he must proceed to a full jury trial by July.
'Sunken eyes'
Mr McLeod said the five years his client had spent at the Cuban base had "begun to take a toll".
"Today he had dark, sunken eyes and he looked very tired," the lawyer said after a meeting with Mr Hicks on Sunday.
He's not going to be the same person I saw three years ago Terry HicksDavid Hicks' father
Mr McLeod said his client was approaching the hearing with "trepidation", and "doesn't have a lot of confidence in the process".Mr McLeod said his client was approaching the hearing with "trepidation", and "doesn't have a lot of confidence in the process".
Mr Hicks was expected to be allowed an hour with his father and sister before the hearing, and another hour afterwards.Mr Hicks was expected to be allowed an hour with his father and sister before the hearing, and another hour afterwards.
He last saw his father, Terry, at a previous hearing in August 2004.He last saw his father, Terry, at a previous hearing in August 2004.
"They will be allowed physical contact and to hug each other," Navy Commander Robert Durand, a Guantanamo spokesman, said."They will be allowed physical contact and to hug each other," Navy Commander Robert Durand, a Guantanamo spokesman, said.
He's not going to be the same person I saw three years ago Terry HicksDavid Hicks' father
Terry Hicks said he, too, was apprehensive about the reunion, after hearing from lawyers that his son's mental health had deteriorated.Terry Hicks said he, too, was apprehensive about the reunion, after hearing from lawyers that his son's mental health had deteriorated.
"He's not going to be the same person I saw three years ago. We've got to brace ourselves for that bit," he said."He's not going to be the same person I saw three years ago. We've got to brace ourselves for that bit," he said.
The hearing was also being opened to members of the press.The hearing was also being opened to members of the press.
CriticismCriticism
Mr Hicks arrived in Guantanamo Bay in early 2002 after being captured in Afghanistan a month earlier.Mr Hicks arrived in Guantanamo Bay in early 2002 after being captured in Afghanistan a month earlier.
Mr Hicks, 31, a former farm hand and kangaroo skinner, was charged and started a trial process previously, in August 2004.Mr Hicks, 31, a former farm hand and kangaroo skinner, was charged and started a trial process previously, in August 2004.
However, the US Supreme Court last year ruled the system unconstitutional.However, the US Supreme Court last year ruled the system unconstitutional.
The administration of President George W Bush then tabled a revised tribunal system that was passed by Congress.The administration of President George W Bush then tabled a revised tribunal system that was passed by Congress.
Mr Hicks is the first person due to be tried under the new procedures. Two others, Omar Khadr, a Canadian, and Salim Ahmed Hamdan, from Yemen, have been indicted but have not yet been read sworn charges, Cmdr Durand said.Mr Hicks is the first person due to be tried under the new procedures. Two others, Omar Khadr, a Canadian, and Salim Ahmed Hamdan, from Yemen, have been indicted but have not yet been read sworn charges, Cmdr Durand said.
The US has said it plans to use the new system to prosecute about 80 of the remaining 385-or-so prisoners at the camp.The US has said it plans to use the new system to prosecute about 80 of the remaining 385-or-so prisoners at the camp.
Human rights campaign group Amnesty International has condemned the tribunals as "shabby show trials" and demanded that detainees be tried under the regular US judicial system.Human rights campaign group Amnesty International has condemned the tribunals as "shabby show trials" and demanded that detainees be tried under the regular US judicial system.
US Air Force Colonel Morris Davis, the chief prosecutor for the tribunals, said he believed critics would find that the new system answered many of their complaints.US Air Force Colonel Morris Davis, the chief prosecutor for the tribunals, said he believed critics would find that the new system answered many of their complaints.
"One thing I hope is that in the way we conduct these proceedings, maybe we can change some of those attitudes," he said."One thing I hope is that in the way we conduct these proceedings, maybe we can change some of those attitudes," he said.