http://www.news.com.au/national/david-hicks-conviction-could-be-overturned/story-fndo4bst-1226497535585
David Hicks terrorism conviction could be overturned
Gemma Jones, Bryan Littlely From: AAP October 17, 2012 3:37PM
DAVID Hicks is examining the possibility of seeking damages against the Australian government after the charge he was convicted of in 2007 was ruled invalid by a US appeals court.
Mr Hicks has engaged his original lawyer Stephen Kenny to act for him in the latest US Appeals Court matter and met with the Adelaide lawyer at the weekend.
"I met with David and he asked me to act for him,'' Mr Kenny said.
"It's looking very good for him at the moment.
"It looks like it is confirming the position we had all the way along - that this crime did not exist in international law.''
Mr Kenny said he was acting to have Mr Hicks' conviction overturned and to determine if there was a basis to take action against the Australian government.
We're looking at the role that the Australian government played in his incarceration at the moment," he said.
"If there is a basis for a claim - we'll be making one."
Former foreign affairs minister Alexander Downer, writing in an opinion piece for News Ltd newspapers tomorrow, said he was bemused that some Australians regarded Hicks as a hero brutally treated by the Americans.
“The fact is, he was seized during the invasion of Afghanistan while supporting the enemy; our enemy,” Mr Downer said.
“Imagine how in 1940 we would have felt about an Australian training and fighting with the Waffen SS? If we'd caught him what would have happened to him?
“Hicks wasn't just simply convicted; he pleaded guilty to providing material support for terrorism. He admitted under oath that he had supported the Taliban. Our enemies, the killers of our Diggers.
So he can now go to the American courts and do what he likes. But for me he'll always be the man who joined with the most evil, most murderous group around.”
Mr Hicks has told media he intends on taking legal action against the Australian government and demanding a full investigation into his incarceration.
"We have always said the conviction was doubtful and shouldn't stand," Mr Hicks said.
"I want a full investigation. The Australian government knew for years that the system was not fair, but it put me up before it anyway."
Mr Hicks could have his terrorism conviction overturned after a US Appeals Court decision in Washington overnight which has thrown out the conviction of another man who was Osama Bin Laden's driver.
Salim Hamdan’s case in which the charge of material support of terrorism, which was introduced in 2006, was rejected when applied retrospectively means David Hicks’ conviction on the same charge could now also be in doubt.
The court also found material support of terrorism was not a war crime.
Hicks' lawyer Dan Mori told the ABC this morning that the Adelaide-born man, who was captured in Afghanistan in December, 2001, and charged with providing support for terrorism, could have his conviction thrown out following the ruling.
"It [the charge of material support for terrorism] is null and void for conduct prior to 2006," Mr Mori said.
"It is showing that what they set up was ineffective. They were trying to set up an ad hoc process after the fact instead of using the Federal Court system in the US that has been trying terrorism cases for years before and worked effectively.
"Unfortunately the military commission system was set up and it was rushed, and not very effectively, so now we see the problems with it.
"The foundation is rotten and the house is starting to crumble."
"I think it would be great for some official recognition that what he was put through was not fair and was not just," he said.
"I think that this court decision supports that position and hopefully it will act as some catalyst to getting some real closure and clearing his name officially."
Mr Mori said it was up to Hicks and his new legal team to pursue the matter.
But the Australian government says it sees ''no immediate impact'' on Hicks' terrorism conviction from the US court decision.
A spokesman for Attorney-General Nicola Roxon said today the government was examining the case for any ''local implications''.
''We are advised that there is no immediate impact for Mr Hicks' conviction and sentence arising out of this case at this stage,'' the spokesman told AAP.
''He was not a party to the case and there are potential appeal proceedings.''
Hicks is unaware that he can claim to be an innocent man, his father says.
His Adelaide-based father, Terry, said his son is uncontactable at the moment.
"I think it is bloody brilliant," Mr Hicks said of the news.
"At this point in time, I'm not sure what step (David) will take ... he would not know about the decision yet.
"He has other things going on at present.
"He has been up and down a number of times over the years and he goes through a lot of pain and suffering."
Mr Hicks maintained that David had never been given a fair trial and in his eyes was innocent until he could face a "proper court system".
"I suppose if David's name is legally cleared that makes me feel a lot better," he told the ABC.
"It will make David feel a lot better, and I think the people that have supported David over the years, they will be able to put their hands up and say, 'This is what we have all been working for'.
"It's starting out to be a good day.
"Once you start using retrospective laws, it all becomes illegal.''
