The NSW Law Society is disappointed by the comments made by the Federal Attorney General Philip Ruddock MP which draw an inappropriate comparison between two distinctly different cases.
President of the Law Society June McPhie said the comments were entirely unnecessary and displayed an apparent lack of understanding of fundamental principles of the criminal justice system and the rule of law.
“David Hicks has committed no crime under Australian law and no lawful charges have ever been made against him in spite of being held in detention for nearly five years.
“The criminals to whom he has been compared were detained after being denied bail on serious gang rape charges. Unlike them, Hicks has been denied the opportunity to even apply for bail.
“The Law Society strongly agrees with the views of Major Mori that drawing comparisons between Hicks and gang rapists is a complete misrepresentation of Hicks’ circumstances.
“In June, the US Supreme Court ruled that the military commission process was fundamentally flawed and failed to contain important safeguards critical to the conduct of a fair and proper trial.
“Hicks is being detained under a system which contravenes the fundamental principles of the rule law and denies him the opportunity to seek his liberty through a court. If he had been charged in Australia, he would have had the opportunity to apply for bail."
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