Hicks home soon, says Downer

FOREIGN Minister Alexander Downer expects David Hicks to return to Australia "much sooner'' than the 60 day deadline set by a US military commission.

The 31-year-old Adelaide father of two was today sentenced to seven years jail for providing material support to terrorism, but will serve only nine months after the rest of the sentence was suspended under a plea deal.

Hicks must be returned to Australia within 60 days and Mr Downer believes he will serve his sentence at the Yatala jail in Adelaide's north.

"We are pleased that the David Hicks saga has finally come to a conclusion,'' Mr Downer said.

"Hicks will be brought back as soon as is practicable to serve out the remainder of his sentence in Australia.''

In the first conviction by the controversial Guantanamo military tribunal and the first conviction in a US war crimes trial since World War II, a panel of military officers had recommended a maximum sentence of seven years.

But judge Colonel Ralph Kohlmann revealed that a plea deal for Hicks required that "any portion of a sentence in excess of nine months" be suspended.

As a result, Hicks will be transferred to Australia within two months - as stipulated by the plea bargain agreement - and will likely be a free man by the new year after more than five years at the Guantanamo detention camp.

Hicks, who kept a stoic expression when the judge announced the result, earlier pleaded guilty for attending Al-Qaeda training camps and volunteering to fight in support of the Taliban regime.

Hicks apologised to his family, Australia and the United States for his actions in a statement read to the court by his lawyer, Major Michael Mori.

Prime Minister John Howard today fired back at critics over the controversial military tribunal that tried Hicks.

"Whatever may be the rhetorical responses of some and particularly the Government's critics, the facts speak for themselves," Mr Howard said.

"He pleaded guilty to knowingly assisting a terrorist organisation - namely al-Qaeda.

"He's not a hero in my eyes and he ought not to be a hero in the eyes of any people in the Australian community."

Mr Howard also rejected claims that the Australian Government influenced the tribunal to deliver a sentence for Hicks that would see him released after the federal election later this year. 

"We didn't impose the sentence, the sentence was imposed by the military commission and the plea bargain was worked out between the military prosecution and Mr Hicks' lawyers," Mr Howard said.

"And the suggestion from (Greens Leader) Senator Brown, that it has something to do with the Australian elections, is absurd." 
 
Plea deal

Under the terms of his plea deal, Hicks agreed to withdraw allegations he had been abused at the hands US personnel and is prohibited from speaking to the media for a year about the case.

Hicks faced a maximum of seven years in prison as part of a plea deal after admitting to training with Al-Qaeda.

Without the plea deal, Hicks would have faced a maximum of life behind bars under the rules for the "war on terror" military tribunals in Guantanamo.

The hearing came one day after Defence Secretary Robert Gates questioned if the trials would enjoy credibility in the eyes of the world and called for the closure of the Guantanamo detention camp - where Hicks spent five years.

A panel of commissioned military officers recommended Hicks's sentence. Out of a pool of 10 officers, eight were quickly selected with defence lawyers and prosecutors asking few questions.

Hicks agreed to several conditions including withdrawing allegations he had been abused by US authorities, before or after his transfer to the Guantanamo prison in 2002.

Hicks withdraws abuse charge

Judge Kohlmann asked Hicks if he agreed that he had "never been illegally treated by any persons in the control or custody of the United States" during his detention in Afghanistan and subsequent transfer to Guantanamo. Hicks replied, "yes".

Hicks had previously alleged he was beaten by US forces before he was transferred to Guantanamo in 2002. He had also alleged he had been sedated before learning of the charges against him.

Before a small gallery of reporters, Australian officials and human rights observers, Hicks appeared calm as he listened to the judge and chatted with his lawyer. He wore a suit and tie rather than his khaki prison garb and had his long hair cut short for the hearing.

Prosecutors had earlier said that the five years Hicks spent at the Guantanamo detention camp would be taken into account for his sentencing.

Further interrogation, media ban

Under the plea deal, Hicks will be required to "cooperate" with US intelligence agencies in the future and was banned from speaking to the media for one year about anything related to the charges he had faced, the judge said.

He was also banned from selling his story based on his terror-related experience or taking legal action against the United States.

Sentence a bittersweet victory, says father

Terry Hicks, David's father, said his son's sentence was a bittersweet victory and that he should have had a fair trial.

"It's a lot better than 12 years or seven or two or whatever they were touting throughout the night,'' Mr Hicks said. 

He said he believed his son opted for a plea bargain to ensure his release, saying he would have been "crucified and nailed to the wall'' if he pleaded not guilty.

Mr Hicks criticised the gag placed on David from speaking to the media for a year from his sentence.

"It's very strange that will fall during the election,'' he said.

Hicks worked as a farm hand in the outback and a kangaroo skinner at a meat plant before he was detained by the US-backed Northern Alliance as he tried to flee to Pakistan in a taxi during the 2001 US-led invasion of Afghanistan.

With AAP and AFP

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