Guantanamo/Detainees

Lawyer for David Hicks Says Habeas Ruling Could Help His Client

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The lawyer for a former Australian detainee at Guantanamo says yesterday’s Supreme Court ruling finding a right to habeas corpus could help his client.

David Hicks is no longer in jail, but a reversal of his conviction would allow him to sell his story for a profit, his lawyer David McLeod told News.com.au. So far, Hicks has not considered that option.

Hicks pleaded guilty to one count of providing material support for terrorism and was allowed to return to his home country to serve his sentence. His guilty plea came after a military commission sentenced him to seven years in jail in March 2007, the story says. Hicks was released from an Australian jail in December.

McLeod explained how the ruling could help Hicks. A detainee could use his habeas rights to challenge his detention and could win a U.S. Supreme Court ruling that the military commission process is unlawful. As a result, Hicks’ conviction would be invalid, he maintains.

Hicks’ prosecution was controversial in Australia. A story in the Sydney Morning Herald said high-level Bush administration officials may have helped negotiate the plea bargain in an effort to justify a questionable prosecution.

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