US charges David Hicks

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This was published 19 years ago

US charges David Hicks

Australian Guantanamo Bay prisoner David Hicks has been charged with conspiracy to commit war crimes, attempted murder and aiding the enemy, the US Defence Department said today.

Hicks is accused of returning to Afghanistan after the September 11, 2001 terrorist attacks on America to fight against Australian and coalition troops.

The US also alleged Hicks trained at al-Qaeda camps in Afghanistan, learning guerilla warfare, weapons training, including landmines, kidnapping techniques and assassination methods.

On one occasion when al-Qaeda founder Osama bin Laden visited an Afghan camp, Hicks questioned bin Laden about the lack of English in training material and, after accepting bin Laden's advice, Hicks "began to translate the training camp materials from Arabic to English", the US alleged.

Hicks was also allegedly interviewed by Muhammad Atef, an al-Qaeda military commander, about his background and "the travel habits of Australians".

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Hicks is the third Guantanamo detainee charged.

The 28-year-old from Adelaide will be tried by military commission.

A trial date and commission panel members are yet to be selected.

If convicted, the prosecution will not seek the death penalty.

The three charges Hicks faces are: conspiracy to commit war crimes; attempted murder by an unprivileged belligerent; and aiding the enemy.

He is alleged to have attended a number of al-Qaeda terrorist training courses at various camps in Afghanistan, including an advanced course on surveillance, in which he conducted surveillance of the US and British embassies in Kabul, Afghanistan.

Hicks is also accused of returning to Afghanistan after the September 11, 2001 terrorist attacks to fight against Australian and coalition troops.

"It is also alleged that after viewing TV news coverage in Pakistan of the Sept 11, 2001, attacks against the United States, he returned to Afghanistan to rejoin his al-Qaeda associates to fight against US, British, Canadian, Australian, Afghan, and other coalition forces," according to a US Defence Department statement.

"It is alleged Hicks armed himself with an AK-47 automatic rifle, ammunition, and grenades to fight against coalition forces."

The US case against Hicks alleges he travelled to Albania in, or about May 1999, and joined paramilitary organisation the Kosovo Liberation Army, engaging in "hostile action" on behalf of Albanian Muslims, before returning to Australia.

Back in Australia, Hicks converted from Christianity to Islam, and in late 1999 travelled to Pakistan where, in early 2000, he joined the Lashkar e Tayyiba (LET) terrorist organisation, also called the Army of Righteous, the US alleged.

In about January 2001, Hicks travelled to Afghanistan to attend al-Qaeda terrorist training camps, according to the US.

Hicks, also known as Abu Muslim al Austraili or Muhammed Dawood, while in Afghanistan, "willfully and knowingly joined an enterprise of persons who shared a common criminal purpose and conspired and agreed" with Osama bin Laden and a number of other top al-Qaeda leaders to commit attacks on civilians and civilian targets, it is alleged.

The Australian government and Hicks' legal team appears to have earned some concessions from the US.

As well as dropping the death penalty, the US said it would not monitor conversations between Hicks and his counsel.

Hicks will have access to an Australian lawyer with appropriate security clearance as a foreign attorney consultant and subject to any necessary security restrictions, two appropriately cleared family members of Hicks will be able to attend the trial, as well as representatives of the Australian government.

If Hicks is convicted, the Australian government, as well as the defence team, may make submissions to the review panel on appeal.

The US and Australian government will also continue to work towards putting arrangements in place to transfer Hicks, if convicted, to Australia to serve any penal sentence in accordance with Australian and US law.

Hicks is being held at a US military base at Guantanamo Bay, Cuba.

He was captured by coalition forces on or about early December 2001 near Baghlan, Afghanistan.

AAP

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