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David Hicks is luckier than some : Comments
By David Flint, published 2/2/2007There can be no doubt that under the laws of war, the US is entitled to keep Hicks until the end of hostilities.
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The Wood Royal Commission was granted the “power under s. 18A of the 1923 Act to cite persons for contempt.” (http://www.pic.nsw.gov.au/PDF_files/VOLUME3.PDF Page a17). For refusing to answer the Commission’s questions, Bruce Galea was charged with contempt, tried and convicted http://www.austlii.edu.au/au/cases/nsw/supreme_ct/unrep102.html
It’s clear from the judgement that Galea knew that he was in contempt, and knew that he would receive a custodial sentence if he refused to answer questions.
Therefore this is not a parallel to Hicks’ case for two reasons. First, the due process of law was followed, and second, Galea was aware of his position in relation to the law from the moment he stepped before the Royal Commission. Neither of these applies to Hicks.
Arbitrary detention without trial _is_ allowed in Australia under the new “anti-terrorism” laws, but only for a limited period (I think it’s one week), after which a judicial review must take place.
Your comments are welcome here, Sage, but could you please show the rest of us some respect and check your facts before making wild assertions.
Belly, I wouldn’t bother responding to “fair_go” if I were you – it’s a troll:
“a post that is deliberately incorrect, intended to provoke readers; or a person who makes such a post” www.archivemag.co.uk/gloss/T.html