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The Forum > Article Comments > I hope David Hicks is patient > Comments

I hope David Hicks is patient : Comments

By John Andrewartha, published 30/1/2006

John Andrewartha argues it is time justice was done for David Hicks.

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I am getting sick and tired of views on David Hicks that just regurgitate rumours and half truths.

Plerdsus. “the fact that is not disputed is that David Hicks was captured in Afghanistan in a battlefield situation fighting against American forces.” Wrong he was captured by the northern alliance and handed over to the American Forces. We have no evidence of what he was doing only allegations which have been denied. Your reading of the Geneva Conventions is also wrong. There is no mention of unlawful combatant in international law, it is a concept invented by the US. But the Geneva Conventions do say he should be treated as a prisoner of war until a competent tribunal has decided his status.

In contrast look a how the two Americans captured with Hicks have been treated. Both have already been tried, one convicted, one released, in the American Criminal Justice System with proper legal defence and rules of evidence.

Hicks should be tried either as a civilian or as a combatant, either in a civilian or military court.This should be an Australian Court, we we also involved in Afghanistan. Not by some tribunal that is at best unfair and worst illegal.

But of course he’s guilty the media told me so.

“Should I kill a terrorist in self-defence? How would I go about doing that?” Maybe you just sit next to him and talk, you would bore him to death.
Posted by Steve Madden, Monday, 30 January 2006 3:30:21 PM
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Why do all you people keep referring to Muhammad Dawood as David Hicks, according to his father when he converted to Islam he asked to be called Muhammad Dawood so please respect his wishes. I would not like to think that you all fall into line to make out that he is just a silly little Australian boy and not the terrorist that he appears to be??
Posted by LizzieE, Monday, 30 January 2006 3:37:40 PM
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Even as a neo-con, Howard supporter, I cannot support the indefinite detainment of David Hicks nor the pending military trial. In fact I think supporting Hick's detention is the single largest mistake Howard has made during his time as Prime Minister.

Prima facie there is a case against Hicks. However the particulars of that case have not been disclosed, it has taken over four years to put together and it will not be heard by civilian courts. The last fact particularly disturbs me as the US has continually denied Hicks is a prisoner of war. In that case he should be tried as a terrorist in civilian courts.

The new movie 'Good Night and Good Luck' is a timely reminder that every individual is entitled to defend any accusations levelled against him by anyone or anything. The state should not be tacitly given the authority to usurp the judicial arm of democracy. Hicks may well be a terrorist but he should not be forced to defend himself within a system in which the gold poasts are constantly moved.
Posted by wre, Monday, 30 January 2006 3:39:09 PM
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LizzieE! Read the previous couple of posts, please! We don't know whether he's a 'poor little Australian boy' or 'the terrorist he appears to be'. Why? Because he hasn't had a trial yet. When he does, then we'll all be able to villify him or apologise to him at our leisure.
Posted by KRS 1, Monday, 30 January 2006 3:43:30 PM
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I read he was caught standing by the side of the road waiting for a bus,maybe he never had the money to bribe the Northern Alliance forces who so I believe sold him to the US forces,bit hard to be on a battlefield waiting for a bus,how many English citizens have been tried in the US military courts, did not GW say they were the worst of the worst but seems to me a lot of them have been sent home,Hicks is still there cause Howard and the rest of his Govt lack the guts to stand up to the US start and finish of it.
Posted by j5o6hn, Monday, 30 January 2006 4:04:03 PM
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It is this Countries greatest disgrace. To allow a citizen to rot in a hell hole. For what? We dont know. He has had no trial. All you Gov. apolagists should reflect on that. Four years and not a shred of evidence presented to a court or the wider public. That is our shame. Plersdus u are a sad ignorant person.
Posted by hedgehog, Monday, 30 January 2006 4:16:46 PM
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