Government wary of Hicks bias

THE man who might have to approve charges being laid against David Hicks in Australia has no doubt Hicks is an al-Qaeda-trained Taliban fighter.

And while legal reasons prevent him revealing what has convinced him, it is not a conclusion Attorney-General Daryl Williams came to lightly.

It is based on long interviews Hicks has given to Australian agencies, information gleaned from spy networks and US military intelligence.

Mr Williams is not prepared to brand Hicks, 26, a terrorist.

"I may, at some stage, have to determine whether or not he's prosecuted for offences under Australian law," he told the Herald Sun.

"But we can certainly say that the people with whom he was associated are terrorists.

"Whether he, personally, can be described in that way, I have no comment."

But Mr Williams is prepared to describe Hicks as having trained with two of the world's most active terrorist groups.

"What we can say is that, according to passenger movement records, he last left Australia in November 1999," Mr Williams said.

"He travelled to Europe in mid-1999 to join the Kosovo Liberation Army, he came back and then left in November 1999 for Pakistan.

"He trained there, we understand, with the Lashkar-e-Taiba group, which has some association with al-Qaeda," he said.

"We understand he entered Afghanistan some time in the year 2000 and, while there, he undertook extensive training with al-Qaeda."

US President George W. Bush blocked Lashkar's assets in December.

He labelled it "a stateless sponsor of terrorism that has conducted operations against Indian troops and civilians".

Hicks is being held indefinitely by the US at Guantanamo Bay Naval Base in Cuba.

US and Australian authorities have not yet worked out whether he is to be charged, what those charges might be, which country he would be tried in, or in what sort of court he would appear.

Mr Williams said those decisions were still a long way from being made because authorities in both countries were still investigating all possibilities.

Hicks's father Terry and lawyer Stephen Kenny have urged the Federal Government to have him brought home to Australia.

They also are asking that he be allowed legal representation, access to his family, told what he is to be charged with and brought before a court as soon as possible so he can be defended in a fair trial.

Mr Williams believes the allegations against Hicks and circumstances of his capture warrant the denial of his access to the usual civil rights accorded an Australian in custody overseas.

"We don't have any problem with the way he is being treated in the US," Mr Williams said.

"We do have a problem with those people in Australia who seek to assert that he has human rights of a civil kind."

Mr Williams said Hicks did not have the right to access a lawyer, or the right to be brought before a court and charged or released.

He said he agreed with the US stance that Hicks and other detainees in Cuba were not entitled to the same rights as mainstream prisoners.

"It needs to be borne in mind that the US military is treating the detainees in Guantanamo Bay not as civilian prisoners who are entitled to bail and to be brought before a court," Mr Williams said.

"They are treating them as unlawful combatants or battlefield detainees.

"And in their view, they are entitled to hold the detainees as conflict prisoners until the end of hostilities.

"The hostilities continue and the Australian Government has indicated to the American Government that they regard it as appropriate that he continue to be detained in military custody while the hostilities continue."

Mr Williams said it had to be remembered that Hicks was captured with the Taliban.

"He is among the Taliban and al-Qaeda prisoners who have already engaged in breakouts in Mazar-e-Sharif and in Pakistan," he said.

"Now, in those circumstances the prisoners must be treated as dangerous.

"It's entirely appropriate that the American authorities, the military authorities who are detaining Hicks and others, do treat them as potentially dangerous.

"The Australian Government is quite satisfied that Hicks is being held in humane conditions, having regard to the necessity for strict security arrangements."

Mr Williams said he also agreed with the US stance of not allowing Hicks or other Cuba detainees contact with the outside world.

"The detainees were captured on a battlefield," Mr Williams said.

'H ICKS was with Taliban forces, he had previously undergone extensive training with al-Qaeda, the organisation responsible for the terrible events of September 11.

"An objective of the coalition against terrorism is to undermine the al-Qaeda terrorist network and, effectively, to cause it to be dismantled.

"By allowing communication between those people who have been active members of the organisations while hostilities continue may present operation difficulties.

"Hicks and others may have information that may be useful to people in Afghanistan.

"We can only speculate on that, but, in the circumstances, it is entirely appropriate that they are being detained under strict security."

Mr Williams said there were valid reasons why he was not releasing details about what Hicks has been telling his Australian and US interrogators during long interviews.

He said doing so could both hinder Hicks's chance of a fair trial and harm Australian relations with intelligence and military agencies.

"I don't think the Government has ever been in a similar situation before where you've got an Australian involved in what looks like a terrorist organisation fighting with what might be troops of a government not recognised by Australia and is captured fighting forces which are allied with Australia.

"In relation to information, normally police don't publish that they have reached a stage in their investigation unless it's a device to acquire further information.

"Generally, police investigations are conducted in camera and remain in camera until the matter is dealt with in court.

"The process for charges under federal law would be for the Australian Federal Police to investigate, they prepare a brief, they submit the brief to the Department of Public Prosecutions and the DPP would determine whether it is appropriate to prosecute or not.

"Now, in the case of Hicks, there is an additional factor and that is that some of the offences which are under consideration involve a requirement that the attorney-general's approval be obtained for a prosecution.

"So this is over and above what is required in an ordinary federal offence.

"As the minister responsible for making that determination, I have to be careful that I don't make any statement that might suggest that I have a bias or prejudice in advance of actually making a decision.

Mr Williams said he was not expecting a quick decision on what Hicks would be charged with and where.


	Government News Index site index HOME Government wary of Hicks bias By KEITH MOOR Herald Sun 15mar02 THE man who might have to approve charges being laid against David Hicks in Australia has no doubt Hicks is an al-Qaeda-trained Taliban fighter. And while legal reasons prevent him revealing what has convinced him, it is not a conclusion Attorney-General Daryl Williams came to lightly. It is based on long interviews Hicks has given to Australian agencies, information gleaned from spy networks and US military intelligence. Mr Williams is not prepared to brand Hicks, 26, a terrorist. "I may, at some stage, have to determine whether or not he's prosecuted for offences under Australian law," he told the Herald Sun. "I wouldn't want to be seen as biased. "But we can certainly say that the people with whom he was associated are terrorists. "Whether he, personally, can be described in that way, I have no comment." But Mr Williams is prepared to describe Hicks as having trained with two of the world's most active terrorist groups. "What we can say is that, according to passenger movement records, he last left Australia in November 1999," Mr Williams said. "He travelled to Europe in mid-1999 to join the Kosovo Liberation Army, he came back and then left in November 1999 for Pakistan. "He trained there, we understand, with the Lashkar-e-Taiba group, which has some association with al-Qaeda," he said. "We understand he entered Afghanistan some time in the year 2000 and, while there, he undertook extensive training with al-Qaeda." US President George W. Bush blocked Lashkar's assets in December. He labelled it "a stateless sponsor of terrorism that has conducted operations against Indian troops and civilians". Hicks is being held indefinitely by the US at Guantanamo Bay Naval Base in Cuba. US and Australian authorities have not yet worked out whether he is to be charged, what those charges might be, which country he would be tried in, or in what sort of court he would appear. Mr Williams said those decisions were still a long way from being made because authorities in both countries were still investigating all possibilities. Hicks's father Terry and lawyer Stephen Kenny have urged the Federal Government to have him brought home to Australia. They also are asking that he be allowed legal representation, access to his family, told what he is to be charged with and brought before a court as soon as possible so he can be defended in a fair trial. Mr Williams believes the allegations against Hicks and circumstances of his capture warrant the denial of his access to the usual civil rights accorded an Australian in custody overseas. "We don't have any problem with the way he is being treated in the US," Mr Williams said. "We do have a problem with those people in Australia who seek to assert that he has human rights of a civil kind." Mr Williams said Hicks did not have the right to access a lawyer, or the right to be brought before a court and charged or released. He said he agreed with the US stance that Hicks and other detainees in Cuba were not entitled to the same rights as mainstream prisoners. "It needs to be borne in mind that the US military is treating the detainees in Guantanamo Bay not as civilian prisoners who are entitled to bail and to be brought before a court," Mr Williams said. "They are treating them as unlawful combatants or battlefield detainees. "And in their view, they are entitled to hold the detainees as conflict prisoners until the end of hostilities. "The hostilities continue and the Australian Government has indicated to the American Government that they regard it as appropriate that he continue to be detained in military custody while the hostilities continue." Mr Williams said it had to be remembered that Hicks was captured with the Taliban. "He is among the Taliban and al-Qaeda prisoners who have already engaged in breakouts in Mazar-e-Sharif and in Pakistan," he said. "There have been suicides by some of the prisoners. "There have been guards killed by some prisoners. "Now, in those circumstances the prisoners must be treated as dangerous. "It's entirely appropriate that the American authorities, the military authorities who are detaining Hicks and others, do treat them as potentially dangerous. "The Australian Government is quite satisfied that Hicks is being held in humane conditions, having regard to the necessity for strict security arrangements." Mr Williams said he also agreed with the US stance of not allowing Hicks or other Cuba detainees contact with the outside world. "The detainees were captured on a battlefield," Mr Williams said. 'H ICKS was with Taliban forces, he had previously undergone extensive training with al-Qaeda, the organisation responsible for the terrible events of September 11. "An objective of the coalition against terrorism is to undermine the al-Qaeda terrorist network and, effectively, to cause it to be dismantled. "By allowing communication between those people who have been active members of the organisations while hostilities continue may present operation difficulties. "Hicks and others may have information that may be useful to people in Afghanistan. "We can only speculate on that, but, in the circumstances, it is entirely appropriate that they are being detained under strict security." Mr Williams said there were valid reasons why he was not releasing details about what Hicks has been telling his Australian and US interrogators during long interviews. He said doing so could both hinder Hicks's chance of a fair trial and harm Australian relations with intelligence and military agencies. "This is a very unusual situation," Mr Williams said. "I don't think the Government has ever been in a similar situation before where you've got an Australian involved in what looks like a terrorist organisation fighting with what might be troops of a government not recognised by Australia and is captured fighting forces which are allied with Australia. "In relation to information, normally police don't publish that they have reached a stage in their investigation unless it's a device to acquire further information. "Generally, police investigations are conducted in camera and remain in camera until the matter is dealt with in court. "The process for charges under federal law would be for the Australian Federal Police to investigate, they prepare a brief, they submit the brief to the Department of Public Prosecutions and the DPP would determine whether it is appropriate to prosecute or not. "Now, in the case of Hicks, there is an additional factor and that is that some of the offences which are under consideration involve a requirement that the attorney-general's approval be obtained for a prosecution. "So this is over and above what is required in an ordinary federal offence. "As the minister responsible for making that determination, I have to be careful that I don't make any statement that might suggest that I have a bias or prejudice in advance of actually making a decision. "So I personally have an additional stricture." Mr Williams said he was not expecting a quick decision on what Hicks would be charged with and where. Index