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Hicks charged in Guantanamo court | Hicks charged in Guantanamo court |
(about 2 hours 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. |
Mr Hicks, a 31-year-old Muslim convert, was formally charged with providing "material support for terrorism". | |
He deferred entering a plea until an unspecified later date. | |
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. | 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, which human rights groups condemn. | |
It is alleged that he attended al-Qaeda training camps and fought with the Taleban. | |
Profile: David Hicks Q&A: Military tribunals | Profile: David Hicks Q&A: Military tribunals |
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, 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. |
As the proceedings got under way, Mr Hicks asked for a larger defence team to give him parity with the prosecution. | |
But the military judge, Colonel Ralph Kohlmann, instead disqualified two of his civilian lawyers on procedural grounds. | |
One of them, Joshua Dratel, said he had refused to sign a document setting out the rules for the tribunal. | |
"I'm shocked because I just lost another lawyer," Mr Hicks told the judge. | |
'Sunken eyes' | 'Sunken eyes' |
Before the hearing, which was opened to members of the press, Mr Hicks was allowed a two-hour reunion with his father and sister. | |
There were handshakes, hugs and tears ... He looks bloody terrible Terry HicksDavid Hicks' father | |
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. |
"There were handshakes, hugs and tears," Terry Hicks told journalists. "He looks bloody terrible." | |
Unless Mr Hicks pleads guilty, he must proceed to a full jury trial by July. | |
On Sunday, Mr McLeod suggested a plea bargain might be an option for his client. | |
"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. | |
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. | |
Criticism | Criticism |
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. |
The 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. |