Coach, Leigh: The Rule of Law (which is kind of at the heart of democracy) does not allow for 'hey, he's evil and therefore not entitled to a fair go'. It says that everyone, regardless of their crime is entitled to be presumed innocent and be tried in a fair court of their peers.

Habeas Corpus also should not allow for any wriggle room- the state is obligated to lay charges against you, give the defence full access to the evidence against you and try you as quickly as possible.

Efforts to abrogate habeas corpus, deny the juristiction of the Court and convene military tribunals only emphasizes that the US does not have a case that would hold up in a constitutional court of law.

And yes, Anti-green, procedures are important. They are worth fighting over because they ultimately determine what methods are allowed to prove innocence. And make no mistake about it- Hicks will be required to prove innocence (though proving a negative is always problematic)

Personally, I have no great feelings about Hicks one way or another. I think he was just an idiot looking for a fight.

But I care very much about how we debase the core of our legal system- you know, Leigh, that whole Magna Carta thing- in trying to acheive some sort of vengeance on him. I care because it is never as far from doing it to one person to do it to everyone as most people think. I care because we are supposed to be better than lynch-law- it says so in our constitution and our body of law.

If they have a case- try him fairly. If not, release him. That is what we stand for as a free country and THAT is what we are supposed to be fighting for.

If Hicks had gotton luckey and lobbed a rocket into an Australian Troop carrier and 31 Aussies were dead what would the touchey feeley brigade tell their dependents ?

Would they be prepared to tell the dependants that their loved ones were killed by an Australian fighting with the Taliban Terrorists ?

Would they let Hicks back into Oz for Family visits ?

Hicks is a terrorist by choice , he is not a mercenary , he is a murderer by cherished desire .

He would proudly wear the "Medal from Hell" for murdering the 31 Aussies .

Get lost Hicks you will never get any empathy from me .

On Insight this week Philip Ruddock got laughed at by the audience:

JENNY BROCKIE: So if it's highly likely, why haven't you done it? Why haven't you done it the way other governments have done it?

PHILIP RUDDOCK: Because we want to see the trial dealt with as quickly as possible (laughter) so he's got no –

JENNY BROCKIE: I think the reason –

PHILIP RUDDOCK: I am surprised in a society where we believe in the rule of law where there are serious allegations that one would take the view that they should not be properly tested and dealt with so if somebody is not guilty, they can clear their name. I'm surprised at the mirth because the principle is a very important one. And I make the point - and it's something that Mr Hicks himself has to be conscious of - as to whether or not simply to be freed with those matters unresolved is in fact the best way forward.

JENNY BROCKIE: But the reason for the mirth is the time it's taken. The reason for the mirth is the time. The reason for the mirth is five years.

Yes Mr Ruddock there is reason for the mirth. If it wasnt so sick it would be hilarious.

As Peter Finch in 'Network' declared "Im mad as hell and Im not gonna take it anymore". This is the sentiment right now across Australia and the maladorous Howard Government is gonna be savaged in the media, voting booths and worst of all HISTORY.

What about a fair go for American Tax payers who foot the bill to keep these scum alive, and fed better than some Americans/ Australians.
What about a fair go for Australian Tax payers; personally , this situation will never arise again , complete media silence, and hand him over to the Northern Alliance, or even now, extradite him to India where he can face war crimes and Murder charges for the crime of killing Indian Soldiers in Cashmere.

Ether way, 25 cents is all it should cost, not 5 million + hard earned Looted tax dollars of poor unsuspecting victims of Stupidity.
Lets do the Math’s and costing of MY TAX Money for Mamdue Habib .
Grrrrrrrrrrrrrrrrrrrrrrrrr.

Where are the compassion bed wetters when it comes to spending money where it counts?

Ooooo no there is none left ; it has been all looted.

Almost a year ago, Hicks was reputed to be the most dangerous man in Guantanamo Bay and was the only token westerner. The second most dangerous was somebody's chauffer.

The worst of the worst.

Another 10 people were picked up in Pakistan simply for wearing a certain model of Casio digital watches (suspected to the type used as bomb timers.)

Despite all the rhetoric most of the people in Gitmo were not picked up "on the battlefield" but were sold to the West by bounty hunters - a very profitable industry - or detained on very shakey grounds.
Given the same circumstances, I'd probably sell out some stranger myself for the equivalent of a few years' salary!

The US (and Australia) are in this mess too deep now to back out with any dignity or credibility.

For an example of what some of these so-called evildoers have been charged with go here - http://www.reprieve.org.uk/casework.htm#guantanamo

At least the Brits had the guts and the common sense to get their people out.

We don't have to go and fight Iraq any more - with our new-found disdain for human rights, we are becoming Iraq ourselves.

In modern times war is not a licence to use unlimited powers. Until 2001, the US was rightly proud of the civilised way it tried to manage prisoners in war zones - the use of Article 5 tribunals to prevent innocent detainees from languishing in custody is an example.
If the Guantanamo prisoners are not entitled to POW status (which guarantees humane treatment and prevents punishment for merely acting as soldiers), then they are protected by Geneva Convention 4 which gives them rights as civilians, or else they are entitled to come under Common Article 3 which prohibits outrages upon personal dignity, humiliating and degrading treatment, cruelty and violence. There isn't some yawning gap between these categories down which the US President can deposit nominated enemies. Seems it's now OK to make it up as you go along. Just refer to "9/11" and discard your principles. I blame 50 years of junk American war films myself.