Gitmo detainee Hicks appeal likely
SYDNEY, Australia -- An Australian held in a U.S. military prison for more than two years without trial is likely to challenge his detention in an American court.
Former farmhand David Hicks, 28, has won the right to an independent assessment of his imprisonment following a decision Monday by the U.S. Supreme Court allowing inmates in the Guantanamo Bay facility at Cuba can challenge their detention.
Hick's U.S. military-appointed lawyer Michael Mori told the Australian Broadcasting Corporation Tuesday that an appeal was likely "if it's in David's best interests".
"There's a door that's been opened to have independent judges look at what's going on in his case," Mori said.
Hicks was allegedly fighting for the Taliban when he was captured by Northern Alliance forces in Afghanistan in October 2002.
He was handed over to U.S. forces and transported to Guantanamo Bay as a suspected terrorist and has been held there ever since.
He was recently charged with conspiracy, attempted murder and aiding the enemy and is expected to be tried by a military tribunal later this year.
The Australian government has come under fire for not pressing the U.S. administration to speed up trial proceedings for Hicks, and for a second Australian, Mahmoud Habib, also held in Cuba.
Australian Prime Minister John Howard on Tuesday defended his government's position in the light of the U.S. Supreme court decision.
Howard told the Nine Network in Australia it was his understanding that the court had ruled that Hicks and Habib's detention was lawful.
"The court has additionally ruled that people detained can appeal within the American legal system," Howard said.
"So if that is correct then that doesn't really alter the stance that the Government has taken."
The 6-to-3 ruling passes no judgment on the guilt or innocence of the approximately 600 foreign-born men held in the prison camp. (Full story)
Hicks was told of the court victory Tuesday in a phone conversation with his father Terry, even though he was warned not to mention legal matters, the Associated Press reportd.
"I just said to him, 'This is what's happened. You people ... can now come under the jurisdiction of American courts.' I said, 'What do you think of that?"'
"He (David Hicks) said, 'Aw, I can't say anything."'
Asked if his son sounded happy, Terry Hicks replied, "Oh, yes."
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Associated Press contributed to this report.
