Former Senator Russell Trood

Current Issues Blog


01

Posted on February 01, 2007

Source: Australian Financial Review - John Kerin

Prime Minister John Howard wants the fate of David Hicks settled as soon as possible in an effort to clear the government's election agenda and limit any damage to its credibility on the Australia-US alliance.

Senior government sources have told The Australian Financial Review they are concerned that a failure to convince the US to expedite the Hicks case could erode the government's command on national security issues and the alliance.

But they believe that if Mr Hicks - who has been held without trial for five years at Guantanamo Bay - proceeds to trial quickly, a wave of public anger could dissipate.

The government does not think the issue will change the way people vote in the election expected after September, but a recent Newspoll found that 56 per cent of voters disapproved of the government's handling of the Hicks case.

One senior Liberal source said yesterday the longer the US took to charge Mr Hicks, the more the public would call into question the nature of the relationship.

"There's a sense that if we're so close to the Americans, why can't we influence the way David Hicks is being treated and that there's something seriously wrong here," the source said. "People might not think much of Hicks but they sense he is not getting a fair go and Australians do not like unfairness."

There are concerns that divisions in the government could re-emerge, with senior Liberals - including Queensland senator Russell Trood, Victorian senator Judith Troethe and West Australian MP Judi Moylan - worried about the treatment of Mr Hicks.

Mr Hicks was captured in Afghanistan, where he allegedly fought with the ruling Taliban against US forces after the terrorist attacks of September 11, 2001.

He was charged with conspiracy, aiding the enemy and attempted murder but these charges were struck down after the US Supreme Court declared the first military commissions unlawful.

New charges may be laid within days. Mr Hicks's Australian lawyer, David McLeod, likened his treatment to that of a Nazi concentration camp, alleging his client was being shackled to the floor and his mental state was deteriorating.

But a Department of Foreign Affairs and Trade spokesman said last night that a camp psychiatrist who visited Mr Hicks on January 29 had suggested his conditions was "good".

Mr Hicks released a letter citing his reasons for refusing to see an Australian consular official, claiming a visit 10 months earlier in which he had aired grievances to the Australian had resulted in retaliatory stints in solitary confinement.

Mr Howard said Mr Hicks's refusal to speak to Australian officials was making it very difficult to verify his claims of mistreatment.

"A refusal by Mr Hicks to see the consul makes it more difficult for the consul-general to ascertain the veracity of some of the claims that are being made," he said, adding that he had repeatedly sought assurance from the US government that Mr Hicks was not being tortured.

"But we also need to realise the gravity of the charges brought against Mr Hicks," he said. "We want him brought to trial before the military commission."

KEY POINTS

* Public anger might dissipate if David Hicks were sent to trial soon.

* There are concerns that divisions in the government could re-emerge.

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