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Old 08-18-2006
daisym daisym is offline
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Member Since: Mar 2004
Location: Australia
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Old fashioned (Australian) justice for terrorist accused

regardless of what you may think about Jack Thomas - whether he is a potential terrorist or a fool - what the outcome of this appeal shows is that the Australian legal system still considers proper legal process to be the way to conduct matters.

This does not include evidence gained through dubious interrogation methods.

Regardless of your views on terrorism, I am glad to live in a society where this is still considered the better way to conduct these cases.

Incidentally, I saw Andrew Denton interview Major Michael Mori (David Hick's lawyer) this week on Enough Rope. I am sure that if Hicks had been guilty of the same alleged crimes - whatever they are - and could have been tried in Australia, he would have at least had the opportunity of a fair go.

Quote:
Friday, August 18, 2006. 8:32pm (AEST)

Lodhi lawyer welcomes Thomas appeal win

The lawyer for Faheem Khalid Lodhi, a Sydney man convicted of preparing for a terrorist attack, has described the result of Jack Thomas's appeal as a great shot in the arm for the justice system.

Thomas was the first Australian convicted under new federal terrorism legislation.

But today his convictions on the charges of receiving funds from a terrorist organisation and carrying a falsified passport were quashed by the Victorian Supreme Court of Appeal.

Phillip Bolton SC, who is also president of the Criminal Defence Lawyers Association, says he was not surprised to learn that Thomas's conviction had been quashed.

"Well the first thing to understand is that justice should be done in the good old-fashioned way," he said.

"Confessions that are extracted after months and months of confinement and interrogation by the CIA and Pakistani secret service agents is not the way to conduct justice."


Thomas was sentenced to five years in jail in March.

His lawyers argued the interview he did with Australian Federal Police (AFP) in Pakistan should have been ruled inadmissable because he had no legal representation and only agreed to it because he had earlier been threatened with torture by foreign security agencies.

The Victorian Supreme Court of Appeal today agreed the interview was inadmissable and has adjourned the prosecution's bid for a retrial to a later date.

The prosecution believes fresh evidence emerged in Thomas's post-trial interview with the ABC's Four Corners program.
http://www.abc.net.au/news/newsitems...8/s1718776.htm

here is the link to the transcript with Michael Mori.

http://www.abc.net.au/tv/enoughrope/...s/s1709428.htm

It is very interesting - previously Mori was Chief Prosecutor at the US military base in Hawaii. With such a background he can give an interesting perspective on the way justice is being conducted in this case.

Last edited by daisym; 08-18-2006 at 05:19 AM.
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Old 08-19-2006
noahath noahath is offline
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Re: Old fashioned (Australian) justice for terrorist accused

I saw the interview with Michael Mori too. I thought he was very candid and spoke very well - especially when he said that the only way that David Hicks will see the inside of a court room is when the US can guarantee a guilty verdict, as they stand to lose too much face if he is found innocent. He also stated that if he were tried in a US military court martial tribunal, as would normally be the case, the case would be dismissed. Interesting huh? It makes me mad that we are content to sit by and allow this to happen. Why doesn't the Australian government bring pressure to bear on the US to try David Hicks? Why do we allow this kangaroo-court process to occur? Are we that afraid of the US?
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Old 08-19-2006
daisym daisym is offline
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Member Since: Mar 2004
Location: Australia
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Re: Old fashioned (Australian) justice for terrorist accused

Thats the thing that really gets me.

I thought, that despite many of our faults, that we at least believed in 'a fair go' - thats a hallmark of everything I have known since I was a small child.

I wonder what has happened to us as a nation.

We are content to deny one of our own a 'fair go' - when other nations which we have long criticised for their shortcomings simply would not stand for this kind of thing happening to one of their own citizens.

It is obvious that Hicks is a political pawn - but we can't even tell what game the players are engaged in.

I have long been disgusted at Howards arse crawling relationship with Bush, but the situation re Hicks really makes me think he deserves a serious dressing down in future history books.

John Howard is the traitor to what this country stands for, not David Hicks.
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Old 08-20-2006
LegendLength LegendLength is offline
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Member Since: Jul 2006
Location: Australia
Posts: 251

   
Re: Old fashioned (Australian) justice for terrorist accused

I saw that Denton interview too, interesting stuff. I am right wing yet I still think what has happened to Hicks is a joke. I've never heard a reasonable explanation for the long processing time. For me (and some others on the net) it is badly affecting the image of conservatives in the west.

I hope a lot more pressure comes from within to fix the problem before more political damage is done. Going by the alleged evidence, he is very guilty (in my opinion). I am sure that's the reason that no one gives a damn. Too late when the same laws are used on them.

Quote:
Originally Posted by daisym
I have long been disgusted at Howards arse crawling relationship with Bush, but the situation re Hicks really makes me think he deserves a serious dressing down in future history books.
Howard has put his money on hicks being guilty, so I think the books won't be so harsh on him and he would appear vindicated if anything (wrongly so of course).
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Old 10-06-2006
Diuretic Diuretic is offline
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Location: Adelaide, Australia
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Re: Old fashioned (Australian) justice for terrorist accused

Hicks probably can't be tried in Australia because it may well be the case that he didn't commit any offence against Australian law. So Howard goes along with the Bush Administration's treatment of Hicks for his own political reasons. Very grubby.
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