US military prosecutor denies Mori threat

We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

Advertisement

This was published 17 years ago

US military prosecutor denies Mori threat

The chief US military prosecutor Colonel Morris Davis says he never threatened the lawyer of alleged Australian terrorist David Hicks with court martial.

Fairfax reported Colonel Morris threatened to charge Major Michael Mori with using contemptuous language toward the US executive - a charge under the US military code.

However, tonight Colonel Davis said he had never made any such threat and had no power to charge Major Mori.

"The only talk I've heard of that is in the news media," Colonel Davis told SBS.

"I'm not aware of anyone who is looking at taking any disciplinary action against Major Mori."

Advertisement

However, Colonel Davis did not let Major Mori escape without criticism.

"I think he needs to zealously represent his client and I certainly don't begrudge him for fighting hard on behalf of David Hicks.

"I would expect that of him or any defence counsel, to fight as hard as possible but I expect the fight to be within the rules."

Hicks faces the prospect of yet another delay to his trial if Major Mori is charged.

Last week Hicks was formally charged by the US with providing material support for terrorism and is due to face trial before a military commission within four months.

The charge comes after Hicks has spent five years in the US prison at Guantanamo Bay after he was caught fighting for the Taliban in Afghanistan.

Mori may have to withdraw

Major Mori said earlier today he would have to withdraw from the case if he was charged but he was unavailable for comment tonight.

Labor called on the government to defend Major Mori or face the possibility of another delay to any trial.

"If the Howard government does not intervene at this point, we face the prospect that Major Mori will not be able to continue to represent David Hicks in future," opposition legal affairs spokesman Kelvin Thomson told reporters.

"This will simply damage the defence case and the search for a replacement lawyer will add more delays to a situation where David Hicks has already been at Guantanamo Bay for over five years without a trial."

Prime Minister John Howard said any delay would be unacceptable.

"We would not regard a further significant delay as being acceptable," Mr Howard told the Nine Network.

In the past, Attorney-General Philip Ruddock has strongly backed Major Mori's vigorous defence of Hicks as proof the military commission system the US is using to prosecute suspected terrorists is appropriate.

"Extensive safeguards are in place for a fair trial, and of course, Major Mori is part of that process," Mr Ruddock said yesterday.

"I presume that other members of that process will bring the same diligent approach to their roles as Major Mori."

Charges would delay trial: ALA

The Australian Lawyers Alliance said any charges against Major Mori would delay a trial.

"News that ... Major Mori could face charges ... for inserting himself into the political process would do nothing but create further delays for Hicks," alliance president Simon Morrison said.

Hicks, a 31-year-old Adelaide-born Muslim convert, has been in US custody since he was captured in Afghanistan in late 2001. He was charged at the weekend with providing material support for terrorism and referred to stand trial before a special military commission at the Guantanamo Bay detention camp in Cuba.

A proposed second charge of attempted murder was dismissed after Judge Susan Crawford concluded there was no probable cause to justify it.

Mr Howard said much had happened in the past few weeks.

"I believe that is the direct result of the representations I have made," he said.

Mr Howard said he didn't know what would happen to Major Mori as that was a matter for US authorities.

"I would expect that to be resolved by the Americans and I am not going to offer a comment on that. I have not had any dealings with him," he said.

Mr Howard said his office and Foreign Minister Alexander Downer had spoken with Hicks' Adelaide lawyer David McLeod, who was a sensible man to deal with and was doing his best for his client.

"But I am not going to interfere in anything that is happening in the US except to repeat that we are very angry that it has taken so long," he said.

"I share the views of many Australians that justice delayed is justice denied, and the delay here has been unacceptable and we really require the meticulous travelling of a speedy pathway towards a trial."

Mr Howard said he remained reluctant to see Hicks brought back to Australia without a trial in America.

"But I am very angry that it has taken so long and we are watching it on a daily basis," he said.

AAP

Most Viewed in World

Loading