AFP: LAWYER CLAIMS AUSTRALIAN TERROR SUSPECT WILL NOT GET FAIR TRIAL IN US

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06716951
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 28, 2022
• Document Release Date: May 15, 2018
• Case Number: F-2018-00242
• Publication Date: July 8, 2003

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WARNING: TOPIC: INTERNATIONAL POLITICAL, TERRORISM
SERIAL: JPP20030708000058
COUNTRY: AUSTRALIA, UNITED STATES
SUBJ: AFP: LAWYER CLAIMS AUSTRALIAN TERROR SUSPECT WILL NOT GET
FAIR TRIAL IN US
SOURCE: HONG KONG AFP IN ENGLISH 0423 GMT 08 JUL 03
TEXT:
[FBIS TRANSCRIBED TEXT] SYDNEY, JULY 8 (AFP) -
AUSTRALIAN-BORN TALIBAN FIGHTER DAVID HICKS, WHO IS BEING HELD BY
US AUTHORITIES AS A SUSPECTED TERRORIST, IS UNLIKELY TO RECEIVE A
FAIR TRIAL, THE HEAD OF AMERICA'S CRIMINAL DEFENCE LAWYERS GROUP
SAID TUESDAY.
US NATIONAL ASSOCIATION OF CRIMINAL DEFENCE LAWYERS (NACDL)
PRESIDENT LAWRENCE GOLDMAN SAID THERE WOULD BE NO CONFIDENTIALITY
BETWEEN LAWYERS AND CLIENTS, WHICH IS HELD TO BE A BASIC TENET OF
LEGAL REPRESENTATION, AND THAT WOULD MAKE IT VIRTUALLY IMPOSSIBLE
FOR A TRIAL TO BE FAIR.
THE NACDL HAS ADVISED ALL ITS MEMBERS THAT THEY SHOULD NOT ACT
AS CIVILIAN DEFENCE COUNSEL IN THE MILITARY TRIALS BECAUSE IT
BELIEVES THE PROCESS IS UNLIKELY TO BE FAIR.
THE FORMER POULTRY PROCESS WORKER FROM ADELAIDE HAS BEEN IN US
CUSTODY AT GUANTANAMO BAY, CUBA, SINCE HE WAS CAPTURED FIGHTING
WITH THE TALIBAN BY US TROOPS IN AFGHANISTAN IN NOVEMBER 2001. HE
IS CLAIMED BY TERRORISM EXPERTS TO HAVE UNDERGONE SPECIALIST
TRAINING WITH THE AL-QAEDA [AL-QA'IDA] NETWORK.
AL-QAEDA EXPERT ROHAN GUNARATNA, WHO HAS WRITTEN EXTENSIVELY
ABOUT OSAMA BIN LADEN'S [USAMA BIN LADIN] TERRORIST GROUP AND WHO
INITIALLY DESCRIBED HICKS AS A "SMALL FRY" IN THE ORGANISATION, NOW
BELIEVES HE WAS MORE THAN JUST A FOOT SOLDIER.
"THERE IS MORE RECENT INFORMATION TO INDICATE THAT HE HAS
UNDERGONE MORE ADVANCED AND MORE SPECIALISED TRAINING," GUNARATNA
TOLD THE AUSTRALIAN NEWSPAPER.
"THE FACT THAT HE RECEIVED THAT TRAINING SHOULD BE VIEWED
SERIOUSLY BECAUSE A PERSON DOES NOT RECEIVE THAT LEVEL OF TRAINING
UNLESS BOTH HE AND HIS TRAINERS HAD SOME SPECIAL PLANS FOR HIM."
HICKS, WHO WAS NAMED LAST WEEK AS ONE OF AN INITIAL GROUP OF
SIX DETAINEES ELIGIBLE TO FACE A US MILITARY TRIBUNAL, DOES NOT YET
HAVE A MILITARY-ASSIGNED LAWYER FOR HIS DEFENCE.
HIS FAMILY HAS APPOINTED A CIVILIAN LEGAL TEAM ON HIS BEHALF,
ALTHOUGH IT APPEARS US AUTHORITIES MAY NOT ALLOW LAWYERS ACCESS TO
THE TRIAL.
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GOLDMAN TOLD ABC RADIO HERE THAT THE US ADMINISTRATION HAD MADE
IT CLEAR ALL CONVERSATIONS BETWEEN DETAINEES AND THEIR LAWYERS
WOULD BE RECORDED.
"I WOULD BE VERY NERVOUS IF I WERE A CLIENT, TO TELL MY LAWYER
CERTAIN FACTS THAT I THINK COULD BE HARMFUL TO MY CASE OR EVEN
HELPFUL TO MY CASE," HE SAID. "SO IT BECOMES AN ALMOST IMPOSSIBLE
SITUATION."
GOLDMAN SAID THE MILITARY COURT WAS LIKELY TO BE BIASED BECAUSE
THE JUDGES, WHO WOULD PROBABLY BE SENIOR MILITARY OFFICERS WOULD
FIND IT DIFFICULT TO ACQUIT SOMEONE WHOM THE PRESIDENT OF THE
UNITED STATES HAS RECOMMENDED FOR TRIAL.
"I WOULD NOT WALK INTO THESE TRIALS AS A DEFENCE LAWYER WITH
THE CONFIDENCE THAT MY CLIENT WOULD GET A FAIR SHAKE," HE SAID.
THE AUSTRALIAN GOVERNMENT SAYS IT HAS BEEN ASSURED HICKS WILL
BE TREATED FAIRLY.
[DESCRIPTION OF SOURCE: HONG KONG AFP IN ENGLISH -- HONG KONG
SERVICE OF THE INDEPENDENT FRENCH PRESS AGENCY AGENCE
FRANCE-PRESSE]
THIS REPORT MAY CONTAIN COPYRIGHTED MATERIAL. COPYING AND
DISSEMINATION IS PROHIBITED WITHOUT PERMISSION OF THE COPYRIGHT
OWNERS.
(ENDALL)
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