Wednesday, January 10, 2007

What the Hick is going on?

Sorry guys, I usually use this blog to let friends and family know what's going on over here. Today I'm not going to do that, so if you want to read about Canada skip this post.

Today I read a couple of interesting articles on The Age website, both pieces on the current status of David Hicks imprisionment by the US in Cuba. Now first off let me say that I have no idea whether he's guilty or not, frankly I couldn't care less. I also don't think anyone should just be set free, without at least some idea as to why, for example the charges wont stick, the evidence is insufficient, proper legal process has not been followed etc. Let him be charged, let him defend himself, let the process be fair and just and I'll accept the outcome. I do think that the US has taken far longer than necessary to charge Hicks and they can't keep delaying forever, put up or shut up.

Anyway the first Age piece is by a former Chief Justice, I suspect he knows his law, and essentially is a response to a recent media release, read spin, by Phillip Ruddock regarding the Australian governments involvement in the Hicks case. Interesting stuff.

The second piece has some quotes from the US military prosecutor in charge of Hick's case. It's hilarious reading, here's some lawyer-talk right from his mouth to you -

"It doesn't take just a big fish to produce a tsunami. You get enough little fish together, your David Hickses, you can have catastrophic consequences." Remember this is a prosecutor, he's a lawyer. I'm not sure what his point is, perhaps he had heard that we've had some tsunami's in the region, local colour perhaps? Otherwise I have no idea what this has to do with anything and I seriously doubt he does either but it's a great sound-bite.

"None of us on the prosecution side want to be involved in a process that, personally, we think is unfair, that our family, our friends, our countrymen and the public around the world is going to perceive as unfair." This is good to know. To this guy 5 years in prison without even being charged must appear fair, I'm glad he's not my boss or the leader of my country... or even the guy who gives me my fries from Macca's, that kind of fairness might mess with my lunch.

He's also concerned that we, the public, don't appreciate the situation and that "one of [his] frustrations is not really knowing how to reach out" to us. I think that looking like you have a clue would help, perhaps demonstrating that you care about the law, you know being a lawyer and all. I mean the fact that we don't know what he's accused of is a little bit of a problem, us being a fairly free and democratic nation and all. Is this guy really so bad at his job that he can't get it done in a timely fashion? Man, if I took 5 years to finish a job I wouldn't have one. Oh sure a 5 year law case, that's nothing what with motions for continuances and appeals and... oh hang on this case hasn't even started yet, right.

Col. Morris Davis goes on to say that "he hoped Hicks' five years in detention would not be taken into account if found guilty." Yeah I guess that last five years have been an all-expenses paid US-style summer camp. The justification for this point of view? "The five years he has been at Guantanamo Bay — along with all the other detainees — that is not in my opinion adequate for his active participation as a member and supporter combatant on behalf of al-Qaeda." Yeah, well his sentence when he's found guilty is supposed to be adequate, but why not go for bonus years, everything appears to be fair game in a US military tribunal. Maybe our prosecutor friend hasn't gone far enough, why not suggest that Hick's pay his own way? Seriously this guys is only helping Hick's case, or maybe he really thinks Aussies are idiots. Are these guys from a free and democratic nation or a military junta?

I'm not sure what uniform this guy was wearing when he gave his interview, but I suspect it has really big shoes, pom poms down the front and a rainbow wig to complete the ensemble. Okay, okay, it's not really fair for me to ridicule this guy, he's in the US military. I saw 'A Few Good Men', man you don't mess around with those guys. What ever happens, no matter how bad the 'trial' by military tribunal is, I just hope that it happens soon.

The real fun in the second article is that it's titled 'The Case Against David Hicks' and then goes on to completely fail to list a single charge, everything is just heresay from the US prosecutor. He specifically doesn't say 'the accused' and he can't, because Hick's is not formally accused of anything. Can you imagine a Victorian prosecutor using the media to slander someone and then not back it up with a charge? I doubt it, that prosecutor would be in court himself, but it's fine if your in the US military.

The saddest part of this whole story is our governments behavior. The Australian government is my government, I own it. I was involved in the process to elect it, no matter which party I voted for, and I pay for it, and pay quite a bit thank you. When my government takes sides with a foreign power to deny my rights or the rights of another Australian citizen I don't think that government is working for me. Look at it another way, if an employee of mine worked with a competitor against my best interests I'd sack him.

Oh, and if you're after a cross-section of your fellow countrymens opinions on this subject you can't go passed the 'Your Say' comments, again at The Age here. Seriously I think that some of people saying 'lock him up and throw away the key, he's guilty I don't need a trial to tell me that' still think Lindy Chamberlain did it. How soon do these people forget that their opinions are manipulated daily (my opinion included of course).

Andy, out.

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