Sub Menu
VCE Resource Texts
Professional Readings
The David Hicks Case
by Kelvin Thomson, Federal Member for Wills
Keynote address to the VCE Teachers Conference March 2007
Can David Hicks be tried under Australian law?
When discussing whether David Hicks can be tried under Australian law, Attorney-General Philip Ruddock has adopted the John Cleese approach. He simply asserts that David Hicks can't be tried under Australian law. When asked to substantiate his claim, he says he has advice from the DPP, and emphasises the "independence" of this advice.
But then he refuses to reveal the advice, which takes us back to square one. He is simply expecting everyone to accept that David Hicks can't be tried under Australian law. He is totally unwilling to argue the point or to produce evidence.
Mr Ruddock claims David Hicks cannot be prosecuted under Australian laws, and yet he admits that he has not even seen the United States evidence! In a briefing from the Attorney-General's Department, I was advised that neither the Attorney-General, his Department, nor the Director of Public Prosecutions have seen the evidence.
He claims that if the Government were to release the advice prepared by the DPP, "it could be accused of unfairly dealing with Mr Hicks". The Government has at no stage been worried about "unfairly dealing with" David Hicks. David Hicks' lawyers have said they would welcome the release of the DPP advice. It's no good calling the DPP’s advice "independent" if you treat it as your own private political plaything.
It is important to know whether the DPP or the Government turn their minds to:
- whether the laws of armed conflict apply to the David Hicks case
- David Hicks' legal status, eg, was he, or is he, a prisoner of war?
- Is David Hicks entitled to the protections of the Geneva Conventions, and if not, why not?
- Is David Hicks entitled to the protections of the International Convention on Civil and Political Rights, and if not, why not? ...
SEV members can access full papers in the "Members" section. If you have forgotten your password, email SEV. If you are not yet a member, sign up now.
