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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!

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