Australian Politics Forum - David Hicks to Appeal Terrorism Conviction

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David Hicks to Appeal Terrorism Conviction
May 1^st, 2013 at 7:14pm

Former Guantanamo Bay detainee David Hicks is set to appeal against his conviction for supporting terrorism.

Hicks spent time in the US military prison after being captured in Afghanistan in 2001. He eventually pleaded guilty to providing material support for terrorism.

He was transferred to an Adelaide jail in April 2007 where he served nine more months before his release.

Mr Hicks's lawyer, Stephen Kenny, says he expects to launch the appeal against the charges within weeks.

Mr Kenny says Hicks was convicted for a crime that does not exist in any law, with another case in the United States confirming that fact.

"[David] feels he was wrongly convicted and I think there's a lot of people that believe that that is the case, including me," he said.

"[The] crime he was charged with is not actually a crime ... it was simply invented in Guantanamo Bay effectively for the purposes of the military commission there.

"David has effectively been convicted of a crime that doesn't exist. The crime of aiding the enemy was never a crime in Australian, American or international law, and there's now been a further court case in the United States that has confirmed this, and so we are appealing."

After his release, Hicks said the guilty plea that led to his conviction at Guantanamo Bay was obtained under duress.

Last year, the Department of Public Prosecutions (DPP) dropped a case arguing that the profits of Hicks's memoir should be deemed the proceeds of crime.

Hicks had argued there was no evidence that he had committed any crime.

The DPP did not say why it dropped the case.

http://www.abc.net.au/news/2013-05-01/david-hicks-to-appeal-terrorism-conviction...

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Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #1 - May 1^st, 2013 at 7:25pm I thought he pleaded guilty?
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Aussie Gold Member Offline OzPolitic Posts: 39626 Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #2 - May 1^st, 2013 at 7:29pm Swagman wrote on May 1^st, 2013 at 7:25pm: I thought he pleaded guilty? I duuno about all this, but at first blush, I ask how can you effectively plead guilty to a non existing offence?
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____ Gold Member Offline Australian Politics Posts: 33410 Australia Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #3 - May 1^st, 2013 at 7:31pm Swagman wrote on May 1^st, 2013 at 7:25pm: I thought he pleaded guilty? Under torture, in a kangaroo court.
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Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #4 - May 1^st, 2013 at 7:32pm Aussie wrote on May 1^st, 2013 at 7:29pm: Swagman wrote on May 1^st, 2013 at 7:25pm: I thought he pleaded guilty? I duuno about all this, but at first blush, I ask how can you effectively plead guilty to a non existing offence? ....and be convicted?
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Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #5 - May 1^st, 2013 at 7:34pm Where is the appeal heard? Is he going back to Gitmo?
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Aussie

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Re: David Hicks to Appeal Terrorism Conviction
Reply #6 - May 1^st, 2013 at 7:39pm

Swagman wrote on May 1^st, 2013 at 7:32pm:

Aussie wrote on May 1^st, 2013 at 7:29pm:

Swagman wrote on May 1^st, 2013 at 7:25pm:

I thought he pleaded guilty?

I duuno about all this, but at first blush, I ask how can you effectively plead guilty to a non existing offence?

....and be convicted?

Well done Henry Higgins!

Cheesy

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Swagman

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Re: David Hicks to Appeal Terrorism Conviction
Reply #7 - May 1^st, 2013 at 7:50pm

Aussie wrote on May 1^st, 2013 at 7:39pm:

Swagman wrote on May 1^st, 2013 at 7:32pm:

Aussie wrote on May 1^st, 2013 at 7:29pm:

Swagman wrote on May 1^st, 2013 at 7:25pm:

I thought he pleaded guilty?

I duuno about all this, but at first blush, I ask how can you effectively plead guilty to a non existing offence?

....and be convicted?

Well done Henry Higgins!

Cheesy

An appeal is not necessary if the offence doesn't exist the conviction doesn't exist. Cheesy

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Aussie Gold Member Offline OzPolitic Posts: 39626 Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #8 - May 1^st, 2013 at 7:57pm Quote: ....the conviction doesn't exist. It seems that on some bit of paper, somewhere, it does. Do you reckon an Appeal might have something to do with that bit of paper?
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Peter Freedman Gold Member Offline Australian Politics Posts: 5275 Wellington Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #9 - May 1^st, 2013 at 8:40pm Swagman wrote on May 1^st, 2013 at 7:25pm: I thought he pleaded guilty? If you read the O P you would know he did. Now get back to your knitting. Knit one, purl one.......
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Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #10 - May 1^st, 2013 at 8:47pm Quote: Hicks had argued there was no evidence that he had committed any crime ...apart from his guilty plea?
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Kat Gold Member Offline Socialism IS the answer. Posts: 17709 Everywhere and no-where Gender:	Re: David Hicks to Appeal Terrorism Conviction Reply #11 - May 1^st, 2013 at 11:26pm So he should appeal. AND he deserves to win.
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Postmodern Trendoid III

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Re: David Hicks to Appeal Terrorism Conviction
Reply #12 - May 1^st, 2013 at 11:35pm

The trendoids are out in force fawning over their pin up boy. What company they keep.

He trained with Lashkar-e-Taiba.

Quote:

On 11 November 1999, Hicks travelled to Pakistan to study Islam[24][30] and began training with Lashkar-e-Taiba in early 2000.[31]

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

Here's their objectives:

Quote:

LeT sees the issue of Kashmir as part of a wider global struggle.[19] The group has repeatedly claimed through its journals and websites that its main aim is to destroy the Indian republic and to annihilate Hinduism and Judaism. LeT has declared Hindus and Jews to be the "enemies of Islam", as well as India and Israel to be the "enemies of Pakistan".[20] In a pamphlet entitled "Why Are We Waging Jihad?" the group defined its agenda as the restoration of Islamic rule over all parts of India and declared India, Israel and the United States as existential enemies of Islam.[21][22] The LeT believes that violent jihad is the duty of all Muslims and must be waged until eight objectives are met: ending persecution against Muslims, establishing Islam as the dominant way of life in the world, forcing infidels to pay jizya, fighting for the weak and feeble against oppressors, exacting revenge for killed Muslims, punishing enemies for violating oaths and treaties, defending all Muslim states, and recapturing occupied Muslim territory.[23]

http://en.wikipedia.org/wiki/Lashkar-e-Taiba

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Sir Spot of Borg

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Re: David Hicks to Appeal Terrorism Conviction
Reply #13 - May 2^nd, 2013 at 4:42am

Aussie wrote on May 1^st, 2013 at 7:29pm:

Swagman wrote on May 1^st, 2013 at 7:25pm:

I thought he pleaded guilty?

I duuno about all this, but at first blush, I ask how can you effectively plead guilty to a non existing offence?

You can say what they want you to say to get them to stop. I expect his primary motivation was to get back to australia.

SOB

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Whaaaaaah!
I'm a
Moron!

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Sir Spot of Borg Gold Member Offline WE ARE BORG Posts: 26576 Australia	Re: David Hicks to Appeal Terrorism Conviction Reply #14 - May 2^nd, 2013 at 4:44am So? BTW ppl discussing it and not wanting justice to be perverted is not "fawning" over him. Is ad-hom all you got? SOB
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