Lawyers launch Hicks bid

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Lawyers representing terror suspect David Hicks will tomorrow launch a court bid to bring their client home from Guantanamo Bay.

The team of lawyers, led by constitutional expert Bret Walker, SC, will argue in the Australian Federal Court that the government has breached its protective duty by failing to call for a fair trial for Hicks.

The action, against the government, the Attorney-General Philip Ruddock and Minister for Foreign Affairs Alexander Downer, seeks declarations and orders that would lead to the release of Hicks from detention.

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"The United States will not allow its own citizens to be subject to a military commission yet it seems good enough for the Australian Government to allow an Australian citizen to be subject to such an unfair process."

Hicks will argue that Australia's failure to act on his behalf is motivated by "improper considerations", including that he cannot be prosecuted under Australian law so they would prefer to see him subject to an unfair trial under the US Military Commissions.

http://www.smh.com.au/news/national/lawyers-launch-hicks-bid/2007/02/25/1172338454996.html