20. Feb, 2015

American Law shows its Ass

And so the news reaches us that the terrorist, the caught and active terrorist, Australian David Hicks, caught in toto and in esse in a Taliban training camp in Afghanistan has now had his conviction quashed.


The egregious Hicks was a member of Lashkar e Tayeeiba, a proscribed terrorist group operating out of Kabul. After the 11 September tragedy he returned voluntarily to Afghanistan to help defend Kabul against America and its allies.


He was caught and sent to Guantanamo Bay. After much legal toing and froing he was finally sent to this country to serve the remainder of his ‘time’. Since then he has risen to celebrity status and has fought to have his conviction quashed.


On Wednesday [18th February 2015] three US appeals court judges unanimously overturned his conviction, ruling that material support for terrorism was not a war crime and could not be tried by a military court.


What utter and complete codswallop. He was there, a self-confessed member of the terrorist organisation under discussion, pictured holding weaponry, admission serving his political masters – what more can common sense need? But as we know, common sense and law live in parallel worlds.


Naturally Hicks is delighted. He is busy spruiking his new found freedom and conviction less life to all and sundry. He will be an even greater celebrity, doubtless negotiating film rights, book royalties and so forth.


Let’s put it bluntly. The bloody man was [is] a traitor. He was caught fighting another nation’s wars against our allies. He was part of an organisation that had committed one of the greatest single acts of mass murder in world history. And because of the whim of three judges on a vague technicality of the law he is a free man – as free as you and me, with a supposedly an untarnished record.


Bullshit. This is why people have no faith in the law. This is why people take the law into their own hands. The cross dressing and totally anal legal fraternity are of course too dumb to understand that.


In 2007 I wrote a book review on the ABC’s equally egregious Leigh Sales’ Detainee 002 [Hicks]. My review was published in The West Australian. Though certainly not a bad book per se, it is vintage Sales, soft on the hard issues and critical of American process. She should therefore be delighted at this latest farce in American legal process.


In concluding my review I wrote: “Stripped of legal obfuscations, Hicks was a member of a terrorist organisation – Gertrude Stein’s “A rose is a rose is a rose is a rose” readily springs to mind.”