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Australian pleads not guilty at Gitmo

Australian accused of fighting with Taliban in Afghanistan


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GUANTANAMO BAY NAVAL BASE, Cuba (CNN) -- An Australian detainee accused of fighting for the Taliban in Afghanistan was arraigned before a military commission Wednesday, where he pleaded "not guilty" to all charges.

David Hicks is one of only four detainees who have been charged so far. All four face charges of conspiracy to attack civilians, conspiracy to attack civilian objects, murder by an unprivileged belligerent, destruction of property by an unprivileged belligerent, and terrorism.

Hicks faces two additional charges of attempted murder by an unprivileged belligerent and aiding the enemy.

After meeting briefly with his parents, Hicks, appearing older than his 29 years, entered the courtroom. He was clean-shaven and wore a gray suit.

His defense attorney, Michael Mori, told the judge he planned to file 19 motions challenging the legality of the proceedings and the qualifications of five commissioners on the tribunal. Those motions will be heard November 2.

A tentative trial date of January 10 has been set.

Mori joins other defense attorneys filing motions challenging the proceedings.

Navy Lt. Cmdr. Charles Swift, who represents Salim Ahmen Hamdan of Yemen, has challenged the qualifications of five of the six commission members, including that of presiding officer Army Col. Peter Brownback, a retired military judge.

These are the first hearings to be brought before an American military tribunal since World War II. The commission is made up of five members and an alternate.

Swift has also filed a motion challenging Hamdan's status as an enemy combatant.

Swift said Tuesday that his client's "position from the beginning is: 'I'm a civilian. Why am I here? Why do they keep saying that this is a military offense? I never shot an American. I never carried a gun. I wasn't a member of al Qaeda. I wasn't a member of [the] Taliban.' And he's not charged with any of those things, but here he is."

He charged the government wants to punish Hamdan -- a former chauffeur for Osama bin Laden -- "for a crime they made up after he allegedly committed it."

Hamdan on Tuesday deferred entering a plea at his arraignment to allow for the motions to be ruled on first. December 11 was set as a possible start date for trial.

The Pentagon says the detainees being charged do not qualify for a court-martial because they're technically not prisoners of war, and were not captured while fighting as part of a regular army.

Hicks is accused of fighting coalition forces in Afghanistan and was allegedly part of a group that included American Taliban soldier John Walker Lindh, who is serving a sentence in federal prison in California for aiding the Taliban.

Hicks sees father for first time in 5 years

Hicks' father, Terry, said his son -- who converted to Islam -- joined the Kosovo Liberation Army in 1999 and has also fought in Pakistan.

In 2001, Hicks allegedly attended an al Qaeda training camp in Afghanistan and met bin Laden.

"David's been an adventurer his whole life. ... He always wanted to see what was over the next fence," Terry Hicks said Tuesday after arriving at Guantanamo. "I think that as he got older, that the fence got taller, and he ended up in those circumstances."

Terry Hicks also said his son was physically mistreated before being brought to Guantanamo.

"He's been abused -- not in very pleasant ways," said the elder Hicks after visiting briefly twice Wednesday with his son who was shackled at the ankles. "He's told us some unpleasant stories."

Terry Hicks described the face-to-face meeting with his son -- their first in five years -- as "pretty emotional" with "a lot of hugging and kissing."

He also said the isolation at the camp in Cuba amounted to "mental abuse."

If Hicks and Hamdan are convicted, each could be sentenced to life in prison.

Thursday, Ahmad Sulayman al Bahlul of Yemen is scheduled to be arraigned. U.S. government prosecutors allege that he was bin Laden's bodyguard and was asked by the al Qaeda leader to create a recruitment tape based on the attack on the USS Cole to recruit other extremists and inspire al Qaeda members.

There are roughly 600 detainees at Naval Base Guantanamo Bay. The United States has determined through review tribunals on the status of the prisoners that only 15 are eligible for trial before the military commission.

CNN's Susan Candiotti and Eric Fiegel contributed to this report.


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