• Sweden edition
 
The comments below have not been moderated in advance and are not produced by The Local unless clearly stated.
Readers are responsible for the content of their own comments. Comments that breach our terms and conditions will be removed.
  Reply to this topic

David Hicks - Australia and Law (not politics)

koalabear
post 10.Aug.2007, 02:09 PM
Post #1
Joined: 7.May.2007

G'day,

I'm seeking public opinion on an issue to do with David Hicks. This isn't political or anything like that. I'm studying for the LLM and am writing a Constitutional Law Research Paper.

My question relates to whether David Hicks should be allowed to sell his story. Basically the SA government has enacted legislation to stop this. It won't be challenged because part of the deal to bring him back to Oz was that he would basically cop whatever the Aussie justice system threw at him.

My question is whether you think he should be allowed to sell his story. Yes, No, Thoughts.

Obviously a similar situation could have applied to Ms Corby, the Bali 9 etc.

So...Am just wondering if there's anyone who knows anything about this, or who has any thoughts.

Please don't turn this political because that is not my aim.

Thanks.

biggrin.gif
Go to the top of the page
+
entry
post 10.Aug.2007, 02:37 PM
Post #2
Location: Västra Götaland
Joined: 1.Jul.2007

QUOTE (koalabear)
Please don't turn this political because that is not my aim. Thanks. biggrin.gif

David Hicks

Nobody rides for FREE

cats are being farmed for their skins
In Austrailia!!!


How can they do this?

In May 2003, BBC News reported that cats were being farmed for their skins in the European Union in spite of assertions from EU officials that there is no cat or dog farming inside the EU. Hundreds of thousands of cat and dog skins are traded in Europe each year and since the US banned the trade of cat and dog skin in 2001, the European market has expanded. A Belgian furrier appeared on video displaying a fur blanket apparently made from cats farmed in Belgium. He claimed that stray cats and dogs in the area were rounded up and skinned. What horrified pet owners was the likelihood of family pets being rounded up or even stolen for the pet fur trade.

David Hicks


1. The Issue
In October of 1996, Richard Evans, a member of Australia's parliament called for the "total eradication of cats from Australia," which he feels are responsible for the destruction of Australia's local environment. Although Evans' solution is viewed as rather extreme, many Australians agree that feral cats in particular (cats which have returned to living in the wild) are having a significant effect on Australia's other wildlife. Having been introduced by man into an environment which has not evolved to deal with it, the feral cat has become a dominant predator. Feral cats are being accused of substantially contributing to, if not directly causing, the extinction of species of wildlife indigenous to Australia. This phenomenon is one that has become familiar around the world as the domestic cat is introduced into the wild. However, there is still no consensus as to how to solve this problem concerning one of human beings' favorite pets.
The feral cat (Felis catus)


The feral cat is found in most habitats across Australia.

THE CAT FUR TRADE
2003 - 2005, S Hartwell


Why are they killing cats in Austrailia?


Don't they have any kind of mercy in their hearts?
Bear I will look up who David Hicks is and give you some good input as penance for the sins against you I am about to commit.
Go to the top of the page
+
koalabear
post 10.Aug.2007, 02:45 PM
Post #3
Joined: 7.May.2007

smile.gif

Good thing for you that I do have a sense of humour.
Thanks mate.

biggrin.gif
Go to the top of the page
+
entry
post 10.Aug.2007, 05:57 PM
Post #4
Location: Västra Götaland
Joined: 1.Jul.2007

Not for nothing bear but I my be the only person that gives you a real answer.

Expect a good write up tonight or tomorrow around noon. I am a morning person so I would lean towards the wee hours.

I have you covered...

However, I ask that all my buddies here on the local express their opinions about David Hicks as well.
[img]http://swenglishrantings.com/swenglishrantings/Bilder/TheLocalGraphics/TheLocalForumSpacer170x2.jpg[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/vikingcheers93x51.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/sigPaul4121x64.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/viking70x99.gif[/img]
Go to the top of the page
+
lolly
post 10.Aug.2007, 06:30 PM
Post #5
Location: Australia
Joined: 30.Oct.2006

he was a poster boy for George bushes war on terror.

just an idiot, not a terrorist.
Go to the top of the page
+
entry
post 10.Aug.2007, 07:03 PM
Post #6
Location: Västra Götaland
Joined: 1.Jul.2007

Lolly, wb, don't go so soon...

I know you are one who does a bit of research.

Honestly I just have a bit of a memory in my head on this case. Lolly, come out and play with us on this one, as of this moment I am clueless... on Hicks.

You took a look now flip over some links, you know I will read them all.

Lolly, you know the last thread your feelings about the disposition of the legal case turned out to be as you had stated and honestly,(father,Dr. newborn kid) as I and my wife had hoped for...

Flip me the good links Lolly. You have been on the right track so far. keep it rolling, Paul

[img]http://swenglishrantings.com/swenglishrantings/Bilder/TheLocalGraphics/TheLocalForumSpacer170x2.jpg[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/vikingcheers93x51.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/sigPaul4121x64.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/viking70x99.gif[/img]
Go to the top of the page
+
Roowhip
post 10.Aug.2007, 09:49 PM
Post #7
Joined: 16.Sep.2005

Hej Koalabear,

I had totally forgotten about the David Hicks case until you posted now (kind of shameful to admit being an Adelaide girl and all- I try to follow local news but with 2 small children and full time work I must admit I don't always keep up) so had no idea he was back in Adelaide. When I left Aus 5 and half years ago his family were still appealing to the Aust govt. to get him out of Guantanamo Bay prison. I assume he is in Yatala and that must be punishment enough being stuck there with other SA wackos such as Von Einem and body in barrel killers Wagner and Bunting. I swear one reason I left my hometown was the weirdest fckn murders in all of OZ..that town has a creepy edge..

Anyway this link might help ya:)..not sure many at the local will be familar with this. Btw, where are you studying your bachelor of law?

http://www.intelligentdesign.com.au/blog/2...l-of-attainder/
Go to the top of the page
+
andersonking
post 11.Aug.2007, 02:58 AM
Post #8
Joined: 28.Mar.2007

Koalabear,
while not wanting to restate the obvious - David Hicks is considered a criminal in Oz. Since 9/11 the Aussie govt in its wisdom has passed new laws including acts of terroism into its criminal code. I believe old Hicksy was convicted of aiding a terrorist organisation, in fact he plead guilty to it - thus making him a criminal. Now, there is an old law which states that criminals can't profit from selling their stories, which seems pretty fair all things considered. The big question is though, and this is what the UK tabloids seem get away with, does the public want to know his story?!

Personally i think JohnHoward has alot to answer for in letting an Aussie citizen rot in Guatanamo Bay for 5 years without being charged... I mean all the terrorists with UK passports were out of there within 6 months... shame howard shame! :shock:
Go to the top of the page
+
lolly
post 12.Aug.2007, 06:27 AM
Post #9
Location: Australia
Joined: 30.Oct.2006

Wikipedia has an interesting article on David Hicks, with some useful links if you wish to explore it further.

http://en.wikipedia.org/wiki/David_Hicks

However I do recall hearing that one condition of him being released out of Guantanamo was that he deny that he was tortured whilst in custody. However it has also been said that he signed an affadavit claiming physical abuse.

As he plead guilty to the charges, no actual proof was presented that he actually was guilty of the charges against him, but after so long in custody, he merely wanted to get home, and this was the quickest way to get home.

Who knows if the charges were proved or not, no trial has been had, so we will have to take it at his guilty plea that he "says" he is guilty. He is guilty of something, just not sure if it was for being a terrorist.
Go to the top of the page
+
entry
post 15.Aug.2007, 10:13 AM
Post #10
Location: Västra Götaland
Joined: 1.Jul.2007

QUOTE (koalabear)
G'day,

I'm seeking public opinion on an issue to do with David Hicks. This isn't political or anything like that. I'm studying for the LLM and am writing a Constitutional Law Research Paper.

My question relates to whether David Hicks should be allowed to sell his story. Basically the SA government has enacted legislation to stop this. It won't be challenged because part of the deal to bring him back to Oz was that he would basically cop whatever the Aussie justice system threw at him.

My question is whether you think he should be allowed to sell his story. Yes, No, Thoughts.

Obviously a similar situation could have applied to Ms Corby, the Bali 9 etc.

So...Am just wondering if there's anyone who knows anything about this, or who has any thoughts.

Please don't turn this political because that is not my aim.

Thanks.


Bear,

Your questions raise some very interesting issues. I have been preoccupied but I have been mulling the whole thing around for a few days.

QUOTE (koalabear)
My question is whether you think he should be allowed to sell his story.


No, I do not believe David Hicks should profit from his illegal activities.

Constitutional issues: Australian free speech laws are not something I am familiar with but you stated that laws were or have been adopted to address Hicks' case and/or other similar cases.

In America certain states have adopted laws prohibiting criminals from profiting from publication regarding their criminal actions. There is also precedent for assets/profits gained by criminals to be channeled to victims funds or directly towards civil judgments and awards. In America, the most recent case that comes to mind is the award of O.J. Simpson's recent book, regarding the murder of his ex-wife, Nicole Brown-Simpson to Nicole's family.

Some of the issues specific to David Hicks' case that came to mind are:

Would a publication by David Hicks' be seditious or a recruitment tool for terrorism?

Would a publication by David Hicks' release information that might compromise ongoing investigations into terrorism and possibly compromise National Security?

I am generally for free speech. So, it sort of rubs me the wrong way to restrict David Hicks from publishing his book. Could David Hicks publish his book and have it's contents approved/censured by Australian authorities to prevent sensitive or inflammatory content from being published. I am aware that intelligence personnel from various organizations such as the CIA & FBI allow former agents to publish books after they have been reviewed and approved by the government?

Might a news organization interview David Hicks and publish articles relating to his activities without it becoming a terror recruitment tool or compromise National Security?

No, I do not believe David Hicks should profit in anyway from his terrorist activities. However, like it or not David Hicks, is part of history. As dark as it might be his activities did occur. In my judgment efforts to gain first person accounts of his activities should be made, even if they are archived and released after some lengthy waiting period. History should never be erased.

----------------------
Further thoughts on David Hicks:

Hicks was no Angel. It seems to me he left Australia in 1999 and became a mercenary. He worked with numerous terrorist organizations. Refer to his charge sheet:
http://www.defenselink.mil/news/Jun2004/d20040610cs.pdf

His father in a recent article stated that he wants to disappear into the Bush and that he has been altered by his detainment. His ex-wife says he is a changed man. She says he is not the same man as he was when he left Australian to engage in various Jihads and wars from Europe to Afghanistan. America released him into the custody of Australian authorities. Australia is responsible for him. I seriously doubt he will ever be allowed to venture out of Australia.
http://www.news.com.au/heraldsun/story/0,2...162-662,00.html

How do people in Australia feel about David Hicks running free in the Australian Bush? Do they feel safe? Is it really “No Worries?”

Whatever the laws regarding free speech or the constitutional rights of a convict are, they should be specific and enforced evenly.

The Bali 9 as you pointed out is an example. A civil example might be “Chopper”.
----------------------------

Sweden Related:

Yesterday TheLocal.se reported on Mehdi Ghezali who was released by the USA into Swedish custody.
http://www.thelocal.se/8187/20070814/
Mehdi Ghezali was already wanted by Swedish police for questioning regarding criminal activities before he fled Sweden in 1999. While alluding Swedish police, Ghezali was apprehended by the Portuguese police in Algarve, Portugal on July 31, 1999 for a suspected bank robbery and a jewelry theft together with his partner Stavros Christos Toilos. The bank robbery in Albufeira netted 600,000 euros while the jewelry theft in Playe de la Galé netted 5,000 euros. Ghezali and his partner were sentenced to three and a half years imprisonment, but were released early. Ghezali was released from prison on June 12, 2000 after having spent 10 months in a Portuguese prison.
http://en.wikipedia.org/wiki/Mehdi_Ghezali

Swedish authorities indicated to US authorities that they were going to charge him for the crimes he was suspected of committing in Sweden back in 1999 and Sweden spent more the 500,000SEK flying him back to Sweden. The Swedish police decided not to charge him for the thefts, but Mehdi Ghezali now says that he feels he is being intensely monitored by the Swedish Security Service (SÄPO), both in his home and when he moves around. He claims that the surveillance has caused him to feel depressed. I have little pity on him and hope that the surveillance is an attempt to by SÄPO to gather intelligence on possible terrorist activities within Sweden.

How do the people in Mehdi Ghezali's community feel about the release of someone who was suspected of crimes in Sweden before he initially fled Sweden, then was convicted of bank and jewelry robberies in Portugal, imprisoned and then picked up for terrorist charges only to be let loose to roam around them at will?
-------------------------------

It makes me uneasy when criminals are dumped back into the community.

In the USA I wish there was some way to force all criminals into a probation program where they had to reside in a halfway house as they integrate back into society. They need to demonstrate the ablility to generally function socially, gain employment and ability to gain independent housing. In addition I would want some kind of rotation living arrangement with the judges and parole board members and their families where they would be required to live in the same housing units as the criminals that were paroled. This way we would be sure that the people that were paroled and let loose back into society were truly safe. Why would a parole board member or judge, approve an incorrigible individual living space where his/her own spouse and children also resided?

So Bear, on the constitutional issue of allowing David Hicks to profit from his terror activities, I say no. On the issue of suppressing David Hicks' narration of his life story for the history record I have constitutional problems regarding free speech on this one. If not David Hicks' right to free speech, then that of a journalist or society's right to know in general.

[img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/vikingcheers93x51.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/sigPaul4121x64.gif[/img][img]http://www.swenglishrantings.com/swenglishrantings/Bilder/Sigs/viking70x99.gif[/img]
-------------------------------
DefenseLink News Release: Two Guantanamo Detainees Charged
http://www.defenselink.mil/releases/releas...?releaseid=7088

Forget peacetime niceties - this is a war - Opinion - theage.com.au
http://www.theage.com.au/news/opinion/forg...2748632917.html

U.S. Department of Defense - Military Commissions
http://www.defenselink.mil/news/commission...bits_hicks.html

d20040610cs.pdf (application/pdf Object)
http://www.defenselink.mil/news/Jun2004/d20040610cs.pdf

Australian terror suspect's 'jaw broken' | Herald Sun
http://www.news.com.au/heraldsun/story/0,2...from=public_rss

Australian terror suspect's 'jaw broken' | Herald Sun
http://www.news.com.au/heraldsun/story/0,2...5005961,00.html

The Local - Guantánamo Swede gives up case against US
http://www.thelocal.se/8187/20070814/

Mehdi Ghezali - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Mehdi_Ghezali

Hicks, David » The Hague Justice Portal
http://www.haguejusticeportal.net/eCache/DEF/7/424.html/

David Hicks - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/David_Hicks

Life after jail for David Hicks | Herald Sun
http://www.news.com.au/heraldsun/story/0,2...162-662,00.html

Index - Fair Go For David
http://www.fairgofordavid.org/

Home - Fair Go For David
http://www.fairgofordavid.org/htmlfiles/main.htm

DefenseLink News Release: Two Guantanamo Detainees Charged
http://www.defenselink.mil/releases/releas...?releaseid=7088

d20040224AlQosi.pdf (application/pdf Object)
http://www.defenselink.mil/news/Feb2004/d20040224AlQosi.pdf

d20040224AlBahlul.pdf (application/pdf Object)
http://www.defenselink.mil/news/Feb2004/d2...224AlBahlul.pdf

Kosovo Liberation Army - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Kosovo_Liberation_Army
Go to the top of the page
+
Word Up
post 15.Aug.2007, 02:36 PM
Post #11
Joined: 18.Nov.2005

Any and everyone in fact ARE allowed to sell their story irrespective of disrespectful laws created by law-breakers. David Hicks was illegally kidnapped by the world's most lawless nation, imprisoned without trial or charge and now the ball-less pup from Australian - John Howard - who does not know how to stand up for Australian people, makes an illegal agreement with Criminal #1 to put Hicks in an Australian jail.

There are several reasons why humane and civilized people drafted the Geneva Convention and the Universal Declaration of Human Rights: torture is ALWAYS wrong. David Hicks was tortured. It is wrong to force people to sign things under undue duress. It makes the document meaningless. David Hicks had no lawyer represent him against the United States. Any admissions by a person who has been tortured is meaningless. There is nothing a person will not agree to under torture - especially torture that lasts five years. Torture victims are more than happy to admit they are the ones who stabbed Julius Caesar or caused the last ice age. So how credible is that.

The United States of America is now run by a pack of sado-masochists whose daily sexual pleasure is killing, maiming, humiliating and torturing other human beings.

Sorry, but there is no way to talk about David Hicks' rights without talking about the politics surrounding his case.
Go to the top of the page
+
koalabear
post 6.Sep.2007, 09:20 AM
Post #12
Joined: 7.May.2007

A huge thanks to everyone who responded to my query.

For interest, the research paper that I'm writing is for Constitutional Law. I'm completing a Masters of Law at UNE.

I'm sorry to taking so long to post my thanks. I've been offline for a few weeks; have moved to Gothenburg now.

:-)
Go to the top of the page
+

Reply to this topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 

Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
If you want to drink, that’s your business.
If you want to stop, we can help.

Learn more about English-language Alcoholics Anonymous in Sweden. No dues. No fees. Confidentiality assured.
AA-EUROPE.ORG/SWEDEN
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se