The military lawyer assigned to Australian Guantanamo Bay inmate, [prisoner and scapegoat for the Coalition of the Killing's resource war's in the Middle East], David Hicks has launched one of the most serious attacks yet on the legal process surrounding his client.Major Michael Mori says the military commission which will hear charges against him "will not provide a full and fair trial".
Appearing before the media for the first time, Major Mori said: "The commission process has been created by those only with a vested interest in conviction."
Major Mori says he intends to continue representing Mr Hicks, despite his concerns about the process.
The military, [alleged], defence team assigned to the Guantanamo Bay detainees, [prisoners], has already filed a brief with the US Supreme Court, criticising the justice process.
Major Mori says a regular court-martial would offer a better prospect of justice for his client.
He says he cannot see any reason Mr Hicks could not be tried in Australia.
Australian [war criminal], Attorney-General Philip Ruddock has previously rejected suggestions that Mr Hicks is facing an unfair and unconstitutional legal process in the US.
"All military commission decisions are reviewed at least three times, first by a review panel of three civilians commissioned as military officers, but they are civilians commissioned as military officers, and at least one of whom must have had judicial experience," Ruddock said last week.
"They then have further opportunities to review with the Secretary of Defence and President before any final decision is taken."
David Hicks's father, Terry, says he is pleased that Major Mori has spoken out.
"The first time I spoke to this gentleman, ... I said to him, 'you are American, you'll probably stick up for the Americans'," Terry Hicks said.
"He said, 'no I won't roll over for anyone', so he's certainly proving that path, which is good."
But Mr Hicks says he is not sure whether Major Mori's comments will help or hinder his son's case.
"We've been saying this right from the word go, that this is what should happen - if David's done anything wrong under Australian law or international law, then he's got to wear it but do so here under due process of law," he said.
"But it looks as though this man's starting to make himself heard, which is good."
By Just Us 22 January 04
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