Hicks case is simply about a fair go

A month after Hicks was taken to Guantanamo Bay, US defence secretary Donald Rumsfeld said: "We are taking only those we believe there is a prospect of gathering intelligence from that can save people's lives ... when we have gotten out of them the intelligence we feel is appropriate and possible, very likely we'll let as many countries as possible have any of their nationals they would like and they can handle the law enforcement prosecution."

It would seem intelligence gathering, not prison, was the purpose of Guantanamo Bay in 2002. So when was the current policy adopted by the Howard Government?

Keeping David Hicks in Guantanamo Bay, as divergent as it is from notions of justice and a fair go, was probably decided upon prior to the last election, and the government have stayed the course ever since, as it moves further and further away from what Australians recognise as decent.

Of further concern last week was the sabre-rattling by the US Military Chief Prosecutor. The prosecutor’s public judgments of guilt and his disparaging comments about Major Mori certainly didn’t herald a fair go or suggest normal legal rules are being observed.

Detached is the best way to describe the Howard Government’s attitude. The longer it accepts the suspension of habeas corpus the worse things get.

What has the Attorney-General had to say about David Hicks’ current physical and mental health? Melbourne psychiatrist, Professor Paul Mullen, visited David Hicks in February 2005 and, in light of recent concerns about David Hicks’ mental health, a follow-up assessment should occur. What action has the Attorney-General taken following the US authorities’ refusal to allow Professor Mullen to undertake an independent mental health assessment?

The Attorney-General’s Government needs to reacquaint itself with the Australian tradition of a fair go and direct his department to seek the same on behalf of all Australian citizens. Legal cases which highlight the adverse consequences of government policy should be no exception; Australia’s laws should be administered without prejudice and every Australian given access to justice.