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March 27, 2007 07:24pm
DAVID Hicks pleaded guilty to a terrorism charge only to escape five years of "hell" at Guantanamo Bay, his father says.
The Adelaide-born man could be back in Australia by the end of the year after his shock decision to plead guilty to providing material support for terrorism.
Hicks, who has been held at Guantanamo Bay since late 2001, was the first inmate at the US military prison in Cuba to plead guilty to a terrorism charge.
His father Terry and sister Stephanie met with Hicks for a total of three hours before the start of today's military commission hearing, which heard the guilty plea.
Terry Hicks said his son's admission was his only way out of the prison.
"He wants out," Mr Hicks said to ABC Radio.
"It's the only way it looks like he's going to get out. No one's going to help him, the Australian Government couldn't care, they don't care.
"I believe they just want David to plead guilty regardless.
"It's a way to get home, and that's what he's told us. He just wants to get home.
"He's had five years of absolute hell and I think anyone in that position, if they were offered anything, they would possibly take it."
Mr Hicks lashed out at the Australian Government, accusing Prime Minister John Howard of doing too little, too late to speed up the long judicial process his son had faced.
"All he kept doing was trying to speed up a process which was running its natural course anyway," Mr Hicks said.
"I think he could have been more forceful while David didn't have any charges against him, to do something positive, and, I mean, to get him back to Australia and face a court system in Australia – not leave him to the dogs like he has and to be abused and mistreated for five years."
US prosecutors had been seeking a 20-year sentence for Hicks, but say his surprise guilty plea will reduce the punishment they seek.
A prisoner transfer deal with the US means Hicks could serve out any sentence in an Australian jail.
The hearing
This morning Hicks's military attorney Major Michael Mori entered the plea on behalf of his client, who stood alongside with a sombre expression at the military tribunal hearing in Guantanamo Bay, Cuba.
The guilty plea came about an hour after the judge, Colonel Ralph Kohlmann, ordered prosecutors, Hicks and his legal team to return to court after the day's 3-½-hour hearing had already wrapped up.
Hicks answered "yes, sir," when the judge asked if that was in fact his plea.
The judge ordered the prosecutors and defence lawyers to draw up a plea agreement by 6am AEST tomorrow, which was expected to spell out what sentence Hicks would serve.
US military's chief prosecutor at Guantanamo Bay said Hicks's decision to plead guilty could see him return to Australia by the end of the year.
"Someone asked me a long time ago if it was possible if he would be home before the end of the year and if I was a betting man I'd say the odds are pretty good," Colonel Morris Davis said at the US military base today.
Col Davis and Hicks's legal team would not discuss the sentence Hicks may be given, saying they were under an order not to reveal the details of the potential sentence.
US prosecutors had earlier said Hicks faced a 20-year sentence if he pleaded not guilty and was found guilty.
But Hicks is now expected to receive a lesser sentence in return for pleading guilty, and could serve any sentence in an Australian jail under a prisoner exchange agreement.
Hicks's Australian lawyer, David McLeod, said Hicks could be sentenced by the end of the week.
The case against Hicks
A former horse trainer and kangaroo skinner, Hicks allegedly underwent training at an al-Qaeda camp in Kandahar, southern Afghanistan and volunteered to fight alongside Taliban forces during the US-led invasion.
The charge sheet says Hicks conducted surveillance on the abandoned US embassy in Kabul and met Osama bin Laden as well as accused "shoe bomber" Richard Reid.
Previous charges of attempted murder, conspiracy and aiding the enemy have been dropped, with defence lawyers saying the move shows US authorities have a weak case.
Following lobbying by Australian officials, the US Government has promised that if convicted, Hicks can serve his sentence in an Australian prison.
with Reuters, AFP, AAP
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Artist's impression ... David Hicks in court today.
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yes david hicks is guilty he must have obviously known if he got found out that there would be consequences, he has not only betrayed australia but also his family.so why should we feel sorry for him and bring him back into australian territory. clearly he thought the taliban were more worth it than his own country.
Posted by: jade wilson of victoria 10:38am May 04, 2007
No one should be held 5 years in jail without trial. Is the U.S.A. a third world country? No other allied countries allowed their citizens to remain in Quantanamo Bay indefinately. I abore terrorists. Hey, lets put him on trial. Lets hear what he has to say, then judge him, deal with him accordingly to our law, not the law of the U.S.A. Does Australian forces fighting alongside allied forces not count. This man if guilty did not only betray U.S.A. He betrayed all the allied forces. Hes our man. He does not belong to the United States of America. Thank you! Are we so weak as a nation that we cannot handle our own problems, and the U.S.of A. have to take charge. Oh Pleassssssssssssse
Posted by: Diane Jordan of Queensland 10:48am March 29, 2007
5 years in hell without trial, I would probably plea guilty too, if it was a quick way to obtaining closure and moving forward. Shame Mr. Howard! Tom T
Posted by: Tom Tzilos of Sydney 10:48pm March 28, 2007
Good on you Andy Roo, yes what was he doing over there? Of course he is guilty. Ask youself the question, what was he really doing there with the Taliban...Would people have the same view on Hicks if he had blown up a bus full of kids? Well that is exactly what he was training for. He gave up his rights when he decided to play for the other team. He is a traitor and that is that. Cheers Judi
Posted by: Judi Peterson of North Qld 7:12pm March 28, 2007
Read all 294 commentsBush has a lot to answer for..he has brainwashed everyone in to believing this crap..he must be a genius. 9/11 was caused by Al Quada not the Taliban. The Taliban are politically motivated not a terrorist organisation. US bombed Afganistan after 9/11 cos it though Bin Laden was hiding there..heaps of bombs for just one man.. They didnt find Bin Laden so they captured the Taliban instead.. David Hicks is Bush's Bin Laden..well close enuff he reckons..the world is now safe..hah. Democracy is the loser in this argument..people without brains should not be able to vote.. Dolly the sheep for the next US president i say..
Posted by: Dave of Adelaide 3:57pm March 28, 2007
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