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Fifth Column

Hicks's lawyer overlooked for promotion

2007-05-13

DAVID Hicks's US military lawyer, Major Michael Mori, has been passed over for promotion and knocked back as a trainee judge in what appears to be payback for his work on behalf of the Guantanamo Bay detainee. Boy howdy the O Club chili is strong tonight ... Major Mori, 41, whose zealous defence of Hicks since November 2003 was admired by many Australians and instrumental in Hicks' lenient deal, has an uncertain future with the military and could potentially be assigned to non-legal work. While it was expected he would be reassigned once his defence of Hicks was complete, it is believed Major Mori has been offered remote postings, including Guam and Chile, with only limited options for remaining on the US mainland. The Sydney Morning Herald also believes Major Mori has recently been rejected for promotion from major to lieutenant-colonel and refused an application to attend a military judge's course at Army Judge Advocate General (JAG) School, which would have qualified him as a military magistrate. Major Mori has ruled out rumours he was looking for a new career in the food service industry Australia, but could not be contacted this week.

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Terror Networks

Hicks guilty, home in two months

2007-03-31

David Hicks will be home within two months and has agreed to testify against other terrorist suspects. He was formally convicted last night of providing material support to terrorism and will receive a maximum of seven years in jail as part of a plea deal agreed this week. The sentence is expected to be handed down this weekend. Hicks admitted he had trained with al-Qaeda, fought with the Taliban and that a friend of his believed he had approved of the September 11, 2001, attacks on the United States. The judge revealed that the plea bargain included a provision that he would get no credit for the five years he has already served in Guantanamo Bay and that had agreed not to sue the US for any illegal treatment he had received. The plea bargain included a ban on him speaking to the media for one year, and agreement that if he made any money from selling his story the money would go to the Australian Government. He also agreed that he had "never been illegally treated by any persons in the control or custody of the United States". Hicks, 31, entered the military commission hearing room a different man to the one who wore prison scrubs and long hair on Monday. He wore a blue suit, purple-spotted tie and white shirt. His hair was cut short and neat, parted on the right side. He looked as if he was applying for a job. The judge, Colonel Ralph Kohlman said, "Good morning Mr Hicks." He sat next to his lawyer, Major Michael Mori, quietly answering the judge's questions about his understanding of the terrorism charge to which he was pleading guilty. Anybody have a tissue? I just had an anticlimax. Earlier yesterday, the chief prosecutor, Colonel Morris Davis, said that if Hicks's guilty plea was not genuine and was being offered only to escape Guantanamo Bay, that would be perjury. Hicks, who is said to have renounced Islam while in prison, took the oath before giving an explanation of behaviour, swearing to tell the truth "so help me God". He also admitted attending a second training course in April 2001 on guerilla warfare and mountain tactics. It was during this course that he met Osama bin Laden. When bin Laden arrived at the camp, the recruits had their weapons taken away and were lined up when he spoke to them. Hicks admitted that he had asked bin Laden why al-Qaeda's training manuals were not in English. He also admitted attending a third training course in June 2001 on urban fighting, which included sniper training and techniques on kidnapping and assassination. He admitted conducting surveillance of the former American embassy in Kabul. Two days before the September 11 attacks, Hicks left Afghanistan, travelling to Pakistan. He saw the television coverage of the World Trade Centre attacks there. The next day, he returned to Afghanistan. He denied having any advance knowledge of those attacks. When the American bombing campaign in Afghanistan began on October 7, Hicks was at Kandahar's airport. On October 10, he went to guard a tank outside the airport, staying there for about a week. He went to the front lines in Konduz, but fled when they were overrun. Hicks had met Arab fighters who said they intended to fight to the death, but he decided to flee, using his Australian passport. He was captured while trying to flee. Hicks's father, Terry, said earlier this week: " He's had five years of absolute hell. I think anyone in that position if they were offered anything they would take it." The judge led him through his confession, which was largely as the prosecution had alleged for several years, other than omitting that he had been asked to be a martyr for al-Qaeda, or had met the American Taliban member John Walker Lindh, or the British shoe bomber, Richard Reid. Hicks said that in January 2001 he travelled to Afghanistan with the assistance of the Pakistani terrorist group Lashkar-e-Taiba to attend an al-Qaeda training camp. In Afghanistan, he travelled to Kandahar. He went to an eight-week training camp, where he learnt about weapons, land mines, explosives and tactics.

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Home Front: WoT

Hicks Pleads Guilty

2007-03-26

POS David Hicks has entered a guilty plea, after an initial hearing which was immediately thrown into disarray when the judge effectively disqualified two of his three lawyers. Hicks appeared in court wearing an olive green outfit, and thongs on his feet. The judge warned his defence counsel that in future he should not appear in prison-type clothes, in order to make sure that his presumption of innocence was maintained. Hicks's hair was long, reaching down to his shoulder blades, but he had shaved off a long beard for his first court appearance in two and half years. He looked in reasonable health, although, as his father Terry said, he looked puffy. He was unrecognisable from old photographs of him, although the extra weight has made him resemble his father. He spoke in a grunting, loud voice, protesting about the loss of his lawyers. The judge offered to let them remain on his defence table for the day, but Hicks said he wanted them as his lawyers, not advisers. He appeared in reasonable spirits at the beginning of the proceedings, but as his defence team left the room, leaving only Marine lawyer Major Michael Mori, he appeared increasingly worried. For most of the proceedings he squinted, concentrating on the legal argument. He was led into court being held on each arm by two military guards, who placed his hands on the defence table before a third guard pushed the seat in as he sat down. He was not allowed to stand up when the judge entered the room. The presiding judge, Colonel Ralph Kohlmann said that Major Michael Mori’s assistant could not, at least for the moment, represent him because she was not a serving member of the military. The judge also decided that Hicks’s civilian lawyer, New York criminal attorney Joshua Dratel could not represent Hicks because he had not signed a form demanded by the court saying he would conform to the regulations governing proceedings. Mr Dratel protested strongly, saying he could not sign the form because the regulations governing the conduct of attorneys had not yet been formulated by the Secretary of Defence. He was not going to sign a blank cheque for his ethical obligations. The judge also ruled in his own favour when Major Mori, who was left alone at the defence table, attempted to argue that judge Kohlmann was not impartial because he had not only effectively ruled against Hicks's defence team, but had also tried to schedule the hearing last week, when Hicks's civil lawyer was unavailable. The judge also refused to follow the defence’s suggested schedule of hearings, saying it would mean that the trial would not get underway until 2008. His father Terry met with him for more than two hours before the hearing. He said: “He just wants to get back to a normal life, and he knows that John Howard and the Government is frightened that he will do something when he gets back. What the hell is he going to do, he did nothing in Afghanistan. “His main aim is to come back to Australia, see his kids, and settle down.” Australian parties condemn "kangaroo court" The Australian Demorats and Greens today condemned the ejection of Hicks's lawyers, saying it was further evidence of the the judicial process being rigged against the Australian. "That's the problem with a kangaroo court, it makes its own rules," Democrats leader Lynn Allison said in Canberra. "It's a continued abuse of justice and of David Hicks himself. "We must remember this is just the beginning. It could be several years before he's brough to trial proper." Australian Greens leader Bob brown compared the dismissal of Hicks's lawyers to the processes under the former Soviet Union's legal system. "This court is nowehere near the level of justice that we expect in a Western democracy, particularly in Australia. "It's got the Howard Governement's tick of approval but it is mightily unpopular with Australians and as it's unfolding it's going from bad to worse." The judge also refused to follow the defence’s suggested schedule of hearings, saying it would mean that the trial would not get underway until 2008. His father Terry met with him for more than two hours before the hearing. He said: “He just wants to get back to a normal life, and he knows that John Howard and the Government is frightened that he will do something when he gets back. What the hell is he going to do, he did nothing in Afghanistan. “His main aim is to come back to Australia, see his kids, and settle down.” Australian parties condemn "kangaroo court" The Australian Demorats and Greens today condemned the ejection of Hicks's lawyers, saying it was further evidence of the the judicial process being rigged against the Australian. "That's the problem with a kangaroo court, it makes its own rules," Democrats leader Lynn Allison said in Canberra. "It's a continued abuse of justice and of David Hicks himself. "We must remember this is just the beginning. It could be several years before he's brough to trial proper." Australian Greens leader Bob brown compared the dismissal of Hicks's lawyers to the processes under the former Soviet Union's legal system. "This court is nowehere near the level of justice that we expect in a Western democracy, particularly in Australia. "It's got the Howard Governement's tick of approval but it is mightily unpopular with Australians and as it's unfolding it's going from bad to worse."

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Down Under

David Hicks U.S Military lawyer unlikely to face charges

2007-03-06

THE chief US prosecutor for David Hicks' upcoming trial says he would be "dumbfounded" if the Australian terror suspect's US military lawyer, Major Michael Mori, was court-martialled for outspoken comments. There's a reason why they're known as 'mouthpieces'. Colonel Morris Davis said he had no power to charge Maj Mori for contemptuous comments made against US President George W. Bush, the US Secretary of Defense or Congress. But his commanding offficer does. There were fears that if Maj Mori was court-martialled it would delay Hicks's long-awaited military commission trial. "I'm not aware of anybody, anywhere that has any intention of charging Maj Mori with anything," Col Davis said. Col Davis created headlines on the weekend when he suggested Maj Mori may have breached Article 88 of the US Uniform Code of Military Justice (UCMJ). Article 88 prohibits military officers from using "contemptuous words" against the president, vice president, US secretary of defense or Congress. Maj Mori, during numerous trips to Australia and in interviews in the US, has been a staunch critic of the military commission system set up by President Bush, the US Secretary of Defense and Congress to prosecute Hicks and other Guantanamo Bay inmates. Col Davis stood by his allegation that Maj Mori had gone "too far" in his campaign to free Hicks, including attending rallies dressed in US military uniform. "I certainly wouldn't permit that from my folks," Col Davis said. "But, he's not one of my folks." Asked if he believed Maj Mori should be court-martialled for breaching Article 88 of the UCMJ, Col Davis said "it's not my decision". "He's not in my chain of command," Col Davis continued. "I have no authority over him. "I'm in the Air Force, he's in the Marine Corps. "I'm not responsible for Major Mori." Col Davis said it was extremely rare for a military officer to be prosecuted for an alleged Article 88 violation. "You can count the number of court martials for Article 88 violations on one hand," Col Davis said. "They are very uncommon. "I would be absolutely dumbfounded if this kind of thing rose to that level."

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Down Under

David Hicks Dad may be called as key prosecution witness after calling his son a terrorist

2007-03-06

THE father of Australian terror suspect David Hicks could be called as a key prosecution witness in his son's trial after calling his son a "terrorist", the US military chief prosecutor said today. Chief prosecutor at the US Office of Military Commissions, Colonel Morris Davis, said he has evidence of Terry Hicks referring to his son as a "terrorist". Mr Hicks is a vocal supporter of his son and has been a key figure in the campaign to have him released from the US military prison at Guantanamo Bay, Cuba, and returned to Australia. But Col Davis said Mr Hicks referred to his son as a "terrorist" in an interview soon after it became public Hicks had been picked up in Afghanistan in December 2001 and put in US custody. "The very first interviews I can find when someone referred to him as a terrorist was Terry Hicks," Col Davis said. "The first time he was interviewed, Terry Hicks described the phone call with David in September (2001) after 9/11 and David was in Pakistan and said he was going to go back to Afghanistan. "Terry Hicks said he tried to talk him out of it and told him he shouldn't be taking up arms against his own. "I think his quote was 'He's 26 years old, he's his own man, and I can't tell him what to do. In our eyes he's a terrorist because he took up arms against his own'. "I would tend to agree with Terry Hicks." Asked if Mr Hicks could be called as a prosecution witness or his comments used to bolster the prosecution case, Col Davis said: "Possibly". "I'm not the lead prosecutor in the case so I don't want to commit him to a particular strategy or not, but certainly Terry Hicks has changed his tune considerably since that time," Col Davis said. "But, on day one, he's the first one I can find anywhere that refers to David Hicks being a terrorist." Col Davis said the prosecution was still open to a plea deal and if Hicks did plead guilty he could be back in Australia "walking free" this year. Col Davis said he could be open to a plea deal of 10 to 20 years imprisonment. If the sentence was the 10 years, and Hicks was sent back to Australia to serve it, Col Davis said it was his understanding Hicks's five years jail at Guantanamo could be taken into account. Col Davis said the matter had been discussed with Hicks's US military lawyer, Major Michael Mori. "In my understanding in talking to Major Mori that there is a strong possibility or likelihood or expectation the Australian Government would credit whatever time he spent in Guantanamo once he gets back to Australia they would apply the credit," Col Davis said. "Depending on the length of the sentence, there's a strong possibility he would be parole ready once he got back to Australia. "I'm certainly no expert on the Australian parole system, but the way it was presented to me, if it was reasonably accurate, it's possible, and I can't say it's probable or likely, but it's possible he could be back home and walking free by the end of the year."

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Home Front: WoT

Hicks trial 'could be derailed'

2007-03-04

DAVID Hicks's trial could be derailed, and possibly prompt his return to Australia, if his lawyer Major Michael Mori is charged with a US military discipline offence. Maj Mori could be removed from the case after threats from the chief US prosecutor, Colonel Morris Davis, to charge him under the Uniform Code of Military Justice, Fairfax newspapers report. It would take months for a new lawyer to get to grips with the case and the new military commission process. Prime Minister John Howard has told the US any action leading to further delays would be unacceptable and would prompt him to demand the return of Hicks, 31, after five years in Guantanamo Bay. Fairfax reports that the chief US prosecutor, Colonel Morris Davis, has accused Major Mori of breaching Article 88 of the US military code. It relates to using contemptuous language towards the president, vice-president, and secretary of defence. Penalties for breaching the code include jail and the loss of employment and entitlements. Major Mori denied he had done anything improper but said the accusations left him with an inherent conflict of interest. “It can't help but raise an issue of whether any further representation of David and his wellbeing could be tainted by a concern for my own legal wellbeing,” Major Mori told Fairfax. “David Hicks needs counsel who is not tainted by these allegations.” Major Mori, who has been to Australia seven times, will seek legal advice. The issue will also have to be raised with Hicks when his legal team next sees him, Fairfax reports. Colonel Davis said Major Mori was not playing by the rules and criticised his regular trips to Australia. He said he would not tolerate such behaviour from his own prosecutors. “Certainly, in the US it would not be tolerated having a US marine in uniform actively inserting himself into the political process. It is very disappointing,” he told Fairfax. “He doesn't seem to be held to the same standards as his brother officers.”

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Down Under

Hicksville - place with a secret

2007-03-01

SUPPORTERS of self-confessed Taliban warrior David (aka Abu Muslim Australia, aka Abu Muslim Astrailii, aka Abu Muslim Philippine, aka Muhammad Dawood) Hicks are either brainwashed or brainless. Their threadbare arguments to "Free Hicks" would indicate they have suspended any ability they may have once possessed to think logically. Blind emotion is clearly driving some, like millionaire Dick Smith, to contribute to this loser's cause when there are so many more better-defined causes in need of assistance. It is abundantly obvious Hicks' defence team hopes to win a victory in the court of public sentiment, probably because they fear the strength of the case against their client. If they believed they had a water-tight defence they could have relied on the injunction offered in John 8:31-32 – "And you will know the truth, and the truth will set you free." But they haven't. They have sought to dissemble, to obfuscate, to play to anti-US and anti-Howard forces, anything to keep their client from having his day in court. They have signalled they intend to launch further appeals, in addition to the one launched in Sydney this week, which will again delay any trial. Another diversion was announced yesterday in the US, where two other notorious Guantanomo prisoners, Hamdan and Khadr, filed petitions with the US Supreme Court seeking review of the habeas corpus removal provision in the Military Commissions Act in a third bid by the accused to try to use US federal courts to stop their trials. So much for their claims that they look forward to their day in court where they can confront the witnesses and the evidence against them. As the US chief prosecutor Colonel Morris Davis says: "If they really want their day in court, and if they believe the process is unfair, then why not go to trial and develop a record so everyone can see whether it is a fair or unfair process rather than just speculate on how it might work?" With much of the Australian media barracking for Hicks, many people have forgotten it was his father, Terry, who told the media that, in a conversation with his son shortly after 9/11, David said the Americans "are the enemy" and he was going to go to the fight. Terry Hicks said: "I told him what I thought of what he was doing," but "I can't tell him what to do – he's 26 years old and his own man." Terry Hicks concluded: "He's a terrorist in our eyes as he's fighting against his own." Colonel Davis says it "was interesting to hear Terry Hicks during the taping of (SBS program) Insight last week say David was just going back to Afghanistan to get his passport when in 2001 he described his efforts to talk David out of taking up arms against the US and the coalition." Then there was the front page story in The Sydney Morning Herald which said Hicks was chained in his cell for 22 hours a day. Sheer nonsense. Just like the charge that US prosecutors timed the swearing of charges to coincide with their departure from Guantanamo, when they were told a week prior in Colonel Davis' office when they were expected to be laid; or the claim that Labor would bring Hicks home for trial – what, under retrospective laws? Get real. Or the hysteria about military commissions, a long accepted means of trying those who commit offences against the laws of war which operated, for example, at the conclusion of WWII military commissions throughout Europe and the Far East. There is no requirement that those who commit war crimes must be tried in civilian courts. Hicks' lawyer Major Michael Mori may be the darling of the latte-lappers but his claim the new rules permit Hicks to be subjected to the death penalty was absolute hokum. It went unchallenged. NSW Attorney-General Bob Debus said last November: "I think it is fair to say that we are all shaken by the information that Major Mori has given us." But he hadn't even heard the charges. As Colonel Davis said: "You would think someone with the legal training required to be an attorney-general would be somewhat hesitant to form a fixed and definite opinion based solely upon the representations of an advocate for a party in interest. "You would think he would at least be interested in hearing the other side of the story before making up his mind on an issue in which he has no first-hand knowledge." Nope. True believers don't need facts. It's all in the vibe. Hicks hasn't been demonised, as Major Mori claims Treasurer Peter Costello has attempted to do. Hicks' admissions of his desire to kill Jews and Christians and destroy those who follow Western culture is all of his own making. He was a member of a group sworn to reject everything the West stands for – the equality of women, democracy, freedom to practise any religion. He certainly didn't need anyone else demonising him. Now, he and his team in their attempts to evade trial are behaving like the six Pakistani defendants and their lawyers in one of Sydney's more appalling gang rape cases of which author Paul Sheehan wrote in his best-selling book Girls Like You – deny, exclude, confuse, accuse. Hicks' supporters should listen again to what Terry Hicks said after speaking to his son the terrorist and believe both Hicks were telling the truth.

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Home Front: WoT

Hicks drops Islamic faith

2007-02-28

DAVID Hicks has renounced Islam, his American military lawyer confirmed yesterday. Major Michael Mori declined to say why Hicks was no longer a Muslim, saying it was a personal issue for the suspected terrorist. What is he this week? A Jew or a Hindoo? Hicks adopted the name Dawood when he converted to Islam in Adelaide in the late 1990s. Maybe he's adopted Shinto and changed his name to Chirigami... Tell everyone he's a Bi'hai and drop him into Teheran ... He was captured in Afghanistan in 2002 and has spent five years in the high-security US military prison at Guantanamo Bay in Cuba. A former Guantanamo inmate has claimed Hicks was denounced by Muslim prisoners for his change of faith. "Arrrrr! He must be killed!" Major Mori, who spoke to 300 delegates at a human rights conference in Melbourne yesterday, later condemned Australia's law officers. "Liars and thieves, the lot of 'em!" He described as "strange and foreign" comments by Solicitor-General David Bennett, QC, in the Federal Court that a general obligation for the Federal Government to protect citizens abroad "is simply something that the law has never recognised". Consulates are for bringing citizens cigarettes in jug when said citizen happens to get his/her scrotum/bosom in a wringer. They're not for springing people who're actually guilty of crimes in other countries, believe it or not. Nor are they for the purpose of retrieving citizens who've been caught fighting for the other side on the field of battle. "It's frustrating for me to see an Australian being abandoned and being pushed towards a cliff for this system that is not acceptable for Americans," he said. It's frustrating for us to see him still using up oxygen. Major Mori said Hicks might have to wait another three years to face trial if there were a Supreme Court challenge to the legitimacy of the military commission. Major Mori will speak to Victorian MPs today.

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Home Front: WoT

Hicks tried to join army - lawyer

2007-02-28

GUANTANAMO Bay detainee David Hicks wanted to join the Australian army but did not have the education, his US military lawyer said today. Wasn't good enough for the Aussie army, so he joined al-Qaeda? Major Michael Mori, who is in Australia seeking legal advice on his client, was responding to claims Hicks had fought with the Kosovo Liberation Army (KLA) before he was arrested alongside the Taliban in Afghanistan in 2002. "David never fought there. I've been over to Kosovo and spoke to people who knew him there, and (they) said he never fought," Maj Mori said on ABC radio. "Other guys did. He just talked about it. Really, y'all should just let him go..." He said Hicks received five weeks' basic military training with a wooden gun but never used a real firearm in the Serbian province. "They wuz afraid he might hurt hisse'f." The Adelaide-born detainee was no different from other Australians who joined the NATO-led KLA and had not violated any laws. "I don't think anybody has heard me say that David didn't want to be a soldier," Maj Mori said. "He tried to join the Australian army, couldn't. I know it's really strange, here in Australia - a lot of people think that wanting to shoot a gun here is very strange. Obviously as an American it's very odd. We have armed militias in our country that are preparing to overthrow the US government if it becomes necessary. I think it's a different mindset." I'm not too sure about the mindset of somebody who really worries about the U.S. government being overthrown by militias. "So it's not so shocking to me to see an Australian who wants to learn and wants to be a soldier." Except that first of all, al-Qaeda aren't soldiers, and second of all, normally when you want to be a soldier you either join your own country's army or the Frenchy Foreign Legion. "I wish he'd (Hicks) had the education to get into the Australian army, where this whole situation may never have come about."

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Down Under

Commonwealth fights Hicks legal action

2006-12-15

Lawyers for the Commonwealth are seeking to have dismissed legal action demanding the release of Guantanamo Bay detainee, David Hicks. Mr Hicks's lawyers have launched legal action in the Federal Court in Sydney against the Commonwealth. They are arguing it has a duty to protect Mr Hicks as an Australian citizen overseas and should seek his release and repatriation. Mr Hicks's military lawyer Major Michael Mori says he visited him last week. "He's starting his sixth year of confinement in Guantanamo, I think everyone can understand that's been a very difficult situation locked in a box," he said. Excellent! The Commonwealth says the proceedings should be dismissed because the case has no prospect of success. In court today a date was set in February to hear the Commonwealth's attempt to have the case struck out.

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Down Under

'Slipping' Hicks rejects consular staff

2006-10-07

THE mental health of Australian terror suspect David Hicks has deteriorated further and he is now unwilling to speak with consular officials, his Australian lawyer has said. Adelaide lawyer David McLeod has said Mr Hicks, being held at the US facility at Guantanamo Bay, has just met with his military lawyer Major Michael Mori who has reported that his physical and mental conditions have "slipped". “Hicks is overweight because of his poor diet and lack of exercise and is having trouble with his eyesight.” Mr McLeod has said Mr Hicks is overweight because of his poor diet and lack of exercise and is having trouble with his eyesight. Mentally, Mr Hicks has become suspicious of those who have claimed to represent his interests and recently has refused to speak to the visiting Australian consul for the first time. "Major Mori is finding David increasingly reluctant to interact, not because he doesn't want to but because he is finding it socially difficult to do so," Mr McLeod has said. "Major Mori's best description of David is that he is slipping." “Hicks has been in US custody at Guantanamo Bay in Cuba for almost five years...” Mr McLeod has made the comments at a rally in Adelaide in support of Mr Hicks, who has been in US custody at Guantanamo Bay in Cuba for almost five years. He has said it is time the Government accepted the fact that Mr Hicks has effectively served a five-year sentence in tough conditions and it is appropriate to release him to Australia, effectively on parole.

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Home Front: WoT

Hicks 'could face death penalty'

2006-08-26

SUSPECTED Australian terrorist David Hicks could be sentenced to death if a new military commission system passes through the United States Congress, his military lawyer has claimed. US Major Michael Mori said the new US legislation would allow the presiding military officer to order capital punishment for Hicks. However, the Australian Government today said it had received assurances from the United States that it would not seek the death penalty. Hicks, 31, has been in US custody in Guantanamo Bay, Cuba, since January 2002, a month after he was captured fighting among Taliban forces in Afghanistan. The Adelaide-born Muslim convert is accused of having trained with Osama bin Laden's al-Qaeda terror network and has been charged by US authorities with aiding the enemy, attempted murder and conspiracy. He was to have been tried by a military commission, but the US Supreme Court has ruled the commissions unlawful, forcing the US Administration to revamp the process. Major Mori said the Australian Government had previously secured concessions from the military prosecutors office protecting Hicks from the death penalty, but the same concessions would not automatically continue under the new system. The system under consideration includes provisions that preclude US authorities from agreeing to any concessions, he said. "That old system is gone, and so there can be no more concession, it has to be looked at anew under this new legislation that may pass," Major Mori told ABC radio. "The new commission will have the power to judge the death penalty, and that raises serious concerns. "And unfortunately we fear that they may try to prosecute David and subject him to the death penalty." Major Mori said his client's case had been dragged back to 2003, when they began battling against the old military commission, and he faced another long stint in custody. "It took almost over two years just to get to the Supreme Court to rule it as illegal," he said. "And unfortunately, if the Australian government goes along again with an unfair system, they're condemning David Hicks to another two and a half years of detention at Guantanamo." Guess you should have taken the old deal, eh counseler? Speaking at a candlelit vigil for Hicks in Adelaide earlier this week, Major Mori said it would take at least two years to mount a legal challenge to the new system if the Australian Government did not act first to bring his client home. He urged the Government to re-evaluate their position considering Hicks had been in custody for almost five years. "Let him give him back to his family, let him get on with his life as a jihadi," Major Mori told ABC radio. But a spokesman for the Attorney-General Philip Ruddock said the Australian Government had been assured the US Government would not seek the death penalty for Hicks. He said although the new legislation may allow the death penalty, the US government's undertaking would be reflected in any trial of Hicks. "We've received all sorts of assurances relating to the trial of Mr Hicks, one of which is the US won't seek the death penalty," the spokesman said to AAP. "Of course, when they introduce the legislation they may have death penalty provisions in there, but our concern is that Mr Hicks won't be subjected to the death penalty and we've been given repeated assurances to that effect."

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