After nearly 10 years, military trials at the Guantanamo Bay Detention Camp have produced a total of six convictions. One of those was David Hicks, who agreed to a plea bargain under which he would be sent back to Australia to serve out his sentence. On his release, he wrote a book about his experiences. Under “proceeds of crime” laws, the earnings from books about a criminal career are liable to confiscation, and the Australian government accordingly froze the proceeds and took action to have them forfeited.
The news today is that the Director of Public Prosecutions has abandoned the actions and paid Hicks’ legal costs. Although no rationale was given, the general presumption is that the US conviction would not stand up in an Australian court, either because (as Hicks alleged) Hicks’ guilty plea was extracted by torture, or because the whole system failed to meet basic standards of due process.
Most simple of all is the fact that, unlike the usual case of plea bargaining (which is problematic enough), the options aren’t pleading guilty or going to trial. Rather those who plead guilty get a definite (and usually relatively short) sentence on top of their detention, while those who do not are held indefinitely without trial. All of this is relevant now that the Obama Administration is trying to “normalise” the plea bargaining process, by getting those who have pleaded guilty to testify against others accused of more serious crimes. Evidence extracted under this kind of duress is obviously worthless.
None of this proves that Hicks was innocent, either morally or legally. But that’s an inherent problem in a corrupted legal process. Since the trials are rigged in such a way that they can never produce an acquittal (those who might be acquitted are simply kept in detention without charge), a conviction doesn’t prove anything. Morally, Hicks’ eagerness to go to war in any cause that would take him (he applied to join the Australian Army after returning from Kosovo) is pretty repugnant, but those who gave us Gitmo and the Iraq War are in no position to throw stones.
fn1. The only other Australian detainee, Mamdouh Habib, was threatened with similar action, but this did not proceed. He eventually received a substantial (but secret) settlement in return for dropping claims against the Australian government for its alleged involvement in his torture.
fn2. This is a problem even in the standard plea-bargaining system and has given rise to something called the Alford plea, apparently used by Hicks. The accused pleads guilty for legal purposes, while maintaining their innocence of the alleged crime.