The US government has admitted that former Guantanamo Bay detainee David Hicks is innocent and his conviction in 2007 for providing material support for terrorism is invalid.
Mr Hicks' appeal case against the "invented" crime had been told that the US government does not dispute that he is innocent of any offence and his conviction was not correct in fact or law, his lawyer, Stephen Kenny of Camatta Lempens, told Fairfax Media.
Mr Kenny said that the quashing of his conviction is now only one step away.
"We are hoping that the military commission will make a ruling within a month," Mr Kenny said.
Mr Kenny said the case mirrored that of a former Sudanese Guantanamo Bay detainee Noor Muhammed – who was also convicted of providing material support for terrorism who had charges against him dropped and his conviction withdrawn this month. Like Mr Hicks, he had signed an Alford plea which meant he did not make any admissions but would not be able to appeal his conviction at a later stage.
He said the Military Commission set aside Mr Muhammed's conviction and plea waiver and he expected the same to happen in Mr Hicks case.
Mr Hicks said he was hoping at last to see justice done.
"I did not commit any crime and I only pleaded guilty in an Alford plea agreement to escape the indefinite solitary confinement I was suffering in Guantanamo Bay. I am just sorry it has taken so long to clear my name."
Mr Hicks was captured in Afghanistan in late 2001 and turned over to the US, before being taken to Guantanamo Bay in the first batch of prisoners to be incarcerated there. He was held for five-and-a-half years before being convinced to give an Alford plea – which is not recognised in Australia.
The plea deal was that he would be convicted in the US of providing material support for terrorism but would be allowed to return to Australia and serve a seven-month prison sentence. He was also gagged from speaking for one year.
The news comes a week after the 13th anniversary of the opening of Guantanamo Bay. Mr Hicks was one of the first detainees transferred there.
Mr Hicks' appeal case against the "invented" crime had been told that the US government does not dispute that he is innocent of any offence and his conviction was not correct in fact or law, his lawyer, Stephen Kenny of Camatta Lempens, told Fairfax Media.
Mr Kenny said that the quashing of his conviction is now only one step away.
"We are hoping that the military commission will make a ruling within a month," Mr Kenny said.
Mr Kenny said the case mirrored that of a former Sudanese Guantanamo Bay detainee Noor Muhammed – who was also convicted of providing material support for terrorism who had charges against him dropped and his conviction withdrawn this month. Like Mr Hicks, he had signed an Alford plea which meant he did not make any admissions but would not be able to appeal his conviction at a later stage.
He said the Military Commission set aside Mr Muhammed's conviction and plea waiver and he expected the same to happen in Mr Hicks case.
Mr Hicks said he was hoping at last to see justice done.
"I did not commit any crime and I only pleaded guilty in an Alford plea agreement to escape the indefinite solitary confinement I was suffering in Guantanamo Bay. I am just sorry it has taken so long to clear my name."
Mr Hicks was captured in Afghanistan in late 2001 and turned over to the US, before being taken to Guantanamo Bay in the first batch of prisoners to be incarcerated there. He was held for five-and-a-half years before being convinced to give an Alford plea – which is not recognised in Australia.
The plea deal was that he would be convicted in the US of providing material support for terrorism but would be allowed to return to Australia and serve a seven-month prison sentence. He was also gagged from speaking for one year.
The news comes a week after the 13th anniversary of the opening of Guantanamo Bay. Mr Hicks was one of the first detainees transferred there.
No comments:
Post a Comment