PM faces internal pressure over Hicks trial

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PM faces internal pressure over Hicks trial

Prime Minister John Howard is set to feel the heat from within his own party room over his support for the United States military commission which will try terror suspect David Hicks.

At least one Liberal backbencher plans to raise concerns in the party room next week, telling AAP they were worried about the military commission process and wanted more information from the attorney-general's department.

Public concern among government backbenchers came as a third US military prosecutor quit the commission process, claiming it was unfair.

US Air Force Captain Carrie Wolf's resignation follows the release of emails by two former prosecutors who described the process set up to try Guantanamo detainees as flawed and rigged to ensure guilty verdicts.

But Mr Howard continued to defend the process today.

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"I am satisfied that the military commission process will provide a fair trial for David Hicks," he told reporters in Tumby Bay, South Australia.

"Remember that David Hicks is alleged to have trained with al-Qaeda, he is alleged after witnessing the events of the 11th of September 2001 to have rejoined the people with whom he trained, so you're not dealing with somebody who allegedly had just a passing interest, you are dealing with somebody who actually trained with a terrorist organisation.

"If he returns to Australia, because that wasn't a criminal offence at the time it happened, he can't be prosecuted.

"And that is why I believe subject to our being satisfied about the veracity of the process he should be tried before the American military commission."

However, entrepreneur Dick Smith disagreed with Mr Howard's claim that Hicks could not be prosecuted in Australia.

He said he had sought advice from law expert George Williams from NSW University, who indicated there were avenues available for Hicks to be tried in Australia.

Mr Williams believed Adelaide-born Hicks could be charged with breaching the Fourth Geneva Convention, the Crimes Act or the Foreign Incursions and Recruitment Act.

"The government's making up an excuse saying we can't have him back here because there's nothing we can charge him under," Mr Smith told ABC radio.

"That's just simply not true.

"We can charge him here and that's what we should do."

The Law Council of Australia said it was appalled the government continued to dismiss criticism of the US military commission process.

Council president John North said evidence the commission system was unfair and unjust was mounting every day.

"Yet the government continues to brush these claims aside," he said.

"The Australian legal profession - and the Australian public in general - deserves more from its government, which appears convinced of Mr Hicks' guilt even before he gets his day in court."

Meanwhile, Attorney-General Philip Ruddock has indicated US prosecutors will produce witnesses to testify against Hicks.

He said he had seen a general outline of the case against Hicks, but would not comment on the case, or its strength.

"The United States have assessed the evidence and made a judgment that the case is substantial and is likely to have witnesses give evidence in relation to those matters," Mr Ruddock said.

Hicks, 29, was captured alongside Taliban fighters in Afghanistan in late 2001.

He has pleaded not guilty to charges of attempted murder, aiding the enemy and conspiracy.

A date for his trial has not been set but it could be heard within weeks.

AAP

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