Skip to main content

David Hicks: Former Supreme Court judge speaks out

PM Howard has issued an ultimatum to the US to charge David Hicks within a month. And if they don't? That aside, this clearly political act in the face of mounting criticism of Australia's total inaction on behalf of Hicks cynicism of the first order. Probably, if no other reason other than to assuage Howard and help out a political mate, the US will charge Hicks with "something" however Mickey-Mouse it is likely to be.

For some the whole Hicks affair is seen from a political perspective. For others it's simply a matter of fairness and justice which should see Hicks released from Gitmo after 5 years, much of it in solitary confinement - with no seeming prospect of being charged let alone getting anything resembling a fair trial.

For some time lawyers have spoken out about the disgraceful way in which Hicks has been dealt with by the Americans and Australia's response to that. Now, Stephen Charles, recently retired Victorian Supreme Court judge, has weighed into the discussion. Charles QC, as he now is, has a pretty impressive track-record:

"........as a barrister [he] practised in the areas of commercial and corporate law, constitutional law, banking and finance law. He became a Queen’s Counsel in 1975. He was chairman of the Victorian Bar Council from 1983 to 1985 and president of the Australian Bar Association from 1985 to 1986. He was a director of Macquarie Bank from 1985 to 1995, a member of the Victorian Corporate Affairs Advisory Board from 1987 to 1991 and the Commonwealth Administrative Review Council from 1989 to 1992. He was appointed a judge of the Victorian Court of Appeal in 1995, retiring in 2006."

Charles writes [in a piece on Malcolm Fraser's web site]:

"The New South Wales Director of Public Prosecutions said that the treatment of David Hicks was “disgraceful”, which led the Minister for Foreign Affairs to tell the DPP to “mind his own business,” surely one of the most impertinent and arrogant comments made by an Australian Cabinet Minister."

Charles' piece is a must read for a careful and nuanced analyse of all the issues surrounding Hicks. Justice is certainly not being done!

Comments

Popular posts from this blog

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t...

The NPT (Nuclear Non-Proliferation Treaty) goes on hold.....because of one non-Treaty member (Israel)

Isn't there something radically wrong here?    Israel, a non-signatory to the NPT has, evidently, been the cause for those countries that are Treaty members, notably Canada, the US and the UK, after 4 weeks of negotiation, effectively blocking off any meaningful progress in ensuring the non-proliferation of nuclear weapons.    IPS reports ..... "After nearly four weeks of negotiations, the Nuclear Non-Proliferation Treaty (NPT) Review Conference ended in a predictable outcome: a text overwhelmingly reflecting the views and interests of the nuclear-armed states and some of their nuclear-dependent allies. “The process to develop the draft Review Conference outcome document was anti-democratic and nontransparent,” Ray Acheson, director, Reaching Critical Will, Women’s International League for Peace and Freedom (WILPF), told IPS. “This Review Conference has demonstrated beyond any doubt that continuing to rely on the nuclear-armed states or their nuclear-de...

#1 Prize for a bizarre story.....and lying!

No comment called for in this piece from CommonDreams: Another young black man: The strange sad case of 21-year-old Chavis Carter. Police in Jonesboro, Arkansas  stopped  him and two friends, found some marijuana, searched put Carter, then put him handcuffed  behind his back  into their patrol car, where they say he  shot himself  in the head with a gun they failed to find. The FBI is investigating. Police Chief Michael Yates, who stands behind his officers' story,  says in an interview  that the death is "definitely bizarre and defies logic at first glance." You think?