Our Atrocious Record II

David Hicks, a citizen of Australia, has been languishing in prison in the U.S. for more than five years, without charge. In all that time, our government has done nothing to try and secure his return to this country. Sure, there’s been a few rumblings in the corridors of power lately, what with Howard being accused of complacency and pandering to the yanks but until today, I hadn’t seen, heard or read anything that made me think there might be a chance he’d ever get home.

Then I read this. Now, I know that I can be a tad cynical and I try to take that into consideration, but in this case I just couldn’t help the thought that all this has come fairly close on the heels of a whole bunch of election speak.

As late as the 12^th of this month, Alexander Downer was saying that Hicks will not return home until he faces trial in the U.S. Today he’s softening that stance, saying he could be home by the end of the year and possibly by Christmas. Apparently he’s brokered a deal that will see David tried and sentenced before then so that he can serve the rest of his sentence here.

Now that really sucks. The fact of the matter is that he is not guilty of any crime under Australian law. Nor is he guilty of any crime under U.S. law at the time of his arrest. No, they’ve had to write new legislation and invent new crimes to charge him with, in retrospect. Our legal system doesn’t allow for you to be charged in retrospect of a new law, so why are we letting them do it? I have to admit though, the attempted murder charge for being at a training camp is my favourite. Last I looked, you actually had to be in the act of trying to murder someone before you could be charged with that. I don’t often find myself agreeing with Bob Brown, but what he says here is quite right. Tawdry politics at it’s very best. Playing with the life of one of your own citizens just to try and score points in an election year is despicable.

Still, I’m not the only one penning the odd spray, aimed firmly at our current government. Here’s one from Malcolm Fraser, himself a former great Liberal leader for whom John Howard served as treasurer. Here’s what the Victorian government is doing. At least they recognise him as one their citizens, and rightly so. Then there were Jeff Kennett’s remarks which formed the substance of my previous missive on this subject. It would seem that Mr. Howard is copping it squarely from both sides.

But today my brother found me a gem. This one, by Robert Richter, using nothing but the Hicks affair as subject matter, has managed to slander Phill Ruddock to the hilt. He even goes so far as to challenge Ruddock to sue. Trouble is that to do so successfully, Ruddock would have to prove that he isn’t being a hypocrite when he flaunts his Amnesty International membership and has been nothing but diligent and caring of a citizen he is sworn to protect, trying all avenues he could to get that citizen home, so I can’t see it happening. I urge you to read the article though. When it comes to a good bake it earns a 5 Star rating.

So once again, in order to let them know that we really aren’t as stupid as they like to think we are and that we know what they’re up to and just how sickening it is, here are those email addresses again…:)

The Prime Minister

Alexander Downer

Phillip Ruddock

Have at them with a vengeance…

8:42 PM - 18/2/2007 - post comment

It gives more than a little heart to decent people

That people such as Richter are prepared to stand up and say what is right, and to show Ruddock as the hypocrite that he is. I feel the wheel is turning in Australia. Howard deliberately courted the redneck vote exposed by Hanson, and pitched his policies to such people on the premise that they represented the ordinary Australians he professed to represent. They don\'t.

Finally, this country is on the road to reclaiming its soul. And about bloody time too!

Thanks for that, Plonka. Much appreciated.

snowy - 9:24 PM - 18/2/2007

No worries

I really hope Ruddock has a go Snowy. I'd love to see him squirm. I can't see it happening though so Richter's probably on fairly safe ground. But being a QC, I imagine he's probably already got his arguments ready...:)

But it is good to see someone putting in print and making a point of saying "Here I am, come and get me." Quite refreshing really...

plonka - 9:36 PM - 18/2/2007

Howard hoisted on his own petard

An old phrase that nicely encapsulates what Howard has done to himself. The rhetoric was always delivered without an escape route and now he has to retract a good deal of comment.

Downer now looks really stupid for not heeding my advice. A couple of weeks ago I generously dropped him an em telling him Howard is going to have to back flip. Now we see little Johnnie bouncing on the 2 meter platform and there is no water in the pool.

Obviously the Liberal mentats are still not consuming enough spice. The next thing that is going to happen is a challenge by the Hicks lawyers over the kangaroo court once the charges are laid.

That leaves Howard pinned again because the rediculous framing of the so called rules is going to look very dodgy to Aussie Voters. I think Howard's only escape is to ring Tony Blair and ask the Poms to quietly demand Hicks release. The Libs will still look gutless but at least the added pressure of his continued detention will ease off.

Robert Richter. What a legend. Hope some takes up the legal challenge. His comments about the illegal behaviour of Ruddock, Howard and Downer should be tested in court. I believe they should be proceeded against even after they leave office.

petermcc - 6:33 PM - 19/2/2007

Costello

I'm wondering if Costello was to take over whether we'd see a different policy Pete. What you said over on yours about him having kept his nose out of it for the most part, right up until now. Now that they're talking about bringing him home, he seems to be a littlemore comfortable throwing in his 2 cents worth.

But you're right. If sitting on Hicks to use as an election kicker was his plan all along, then it was a bad one.

plonka - 11:02 PM - 19/2/2007

Yay Richter!

This is the kinda stuff that should have been written years ago.

Richter is absolutely spot on, and I hope that Ruddock bites.

dikkii - 11:41 AM - 20/2/2007

About time

Thanks Dikkii...:)

I think we'd all like to see Ruddock bite but considering what he'd have to prove in order to win, I doubt very much that he will.

Still, any silence from that quarter will tell its own story. If Ruddock doesn't defend himself and says nothing, then Richter wins anyway...

plonka - 11:51 AM - 20/2/2007

Costello wobble

Jeeze. Just when I thought peter Costello was getting smarter he dumped on Hicks. The thought of a good old Soviet style trial doesn't bother him at all.

He just made it harder for himself to offer a real alternative to Howard. I'm guessing the bookies have blown out his odds of ever being PM to a frag above zero.

By the way for those of you interested in hearing Major Michael Mori speak on the Hicks case, Melbourne Conversations will be featuring him on March 1st at the Edge. I'll post the full details on my blogg today.

petermcc - 8:33 AM - 22/2/2007

Excellent

Nice one Pete. I should be able to make it to that one...:)

plonka - 10:15 AM - 22/2/2007

Untitled Comment

Downer, Rudduck and Howard have all acted despicably on the Hicks issue. When the UK applied for its citizens and got them home, Howard did nothing.

The presumption of guilt is what this is about. Because the US has presumed him guilty, the australian government is willing to act like he IS guilty.

He may well BE guilty, but our system, at least it used to be, based on the presumption of innocence. Once this is removed either through deed or inaction, tyranny reigns.

beepbeepitsme - 12:05 AM - 23/2/2007

Combatant

Thanks Beep, but they still like to refer to him as an enemy combatant. If that's the case, then he was taken prisoner during a war which simply makes him a prisoner of war and he should be treated as such.

Prisoners of war are NOT kept in chains in solitary confinment, nor are they generally tried for anything unless there is direct evidence to suggest that they are guilty of crimes against humanity. He hasn't been charged with any crimes against humanity and to be charged with attempted murder in a war is simply rediculous. That's what you do in a war. You attempt to murder your enemies until there are none left.

So if he is guilty of anything, IMHO, it's being stupid enough to be on the wrong side in a war.

plonka - 10:29 AM - 23/2/2007

Enemy combatant?

Beep, that is one thing I really hate - the presumption of guilt on our government's part. Your point is well made.

Now I'm not saying that our legal system is consistent, but Ruddock should be supporting Hick's right to a fair trial. And supporting his presumption of innocence (until PROVEN guilty, of course).

The fact that the US are calling him an "enemy combatant" is purely designed to circumvent the Geneva convention, as Ted has indirectly implied.

It is an outright DISGRACE!!!

dikkii - 11:56 AM - 23/2/2007

Disgrace

I was hoping to be a little more direct actually Dikki. But what I really mean is that you can't have it both ways. That said however, America is a signatory to the Geneva convention and it requires much better treatment of prisoners.

So either he's an "enemy combatant" and should be treated as such, or he's a criminal and should be treated as such. Either way, he's simply not being treated as he should be. He is being treated as a caged animal and has virtually been held in solitary confinement for 5 years. It is unjust, unfair and simply disgusting and we should have put a stop to it a long time ago.

plonka - 1:05 PM - 23/2/2007

Just watched SBS

Ruddock even had the cheek to say he hasn't pronounced Hicks guilty. What planet are these high Libs living on?

The US Prosecutor got his backside kicked by Major Mori. Luckily the hostess let the key players respond to questions. Not like the ABC's Peter Couchman program of years ago.

I had forgotten prisoners have been beaten to death over there. Hicks is still at risk from US thugs. As if the system isn't bad enough on its own.

Thanks for the link. Sent Ruddock another one.

petermcc - 8:23 PM - 23/2/2007

Watched that SBS forum

..and basically came away completely vindicated that what I've felt about Hicks for the past 2-3 years has been right. Canberra (especially Howard's henchmen) should hang their heads in shame. And if Ruddock couldn't understand the audience's mirth at his comment that "the Government wants to see a speedy resolution...", then he and his mates in Parliament do not speak for me - Joe Average a.k.a Australian voter. It is hugely disappointing that it's taken so long for the Howard government to even be seen to be doing something about one of our own being incarcerated without charge for so long.

Ninja - 8:05 PM - 28/2/2007

Me too...

I finally got to see it on Monday. I have to admit that Phil almost made me puke. I really enjoyed the Major though, but I worry for him.

Here's a guy in the U.S. military doing nothing but giving the military (and government that pays his wages) some serious grief. I think if anyone can get Hicksy home it's Mj Mori, but I reckon he's got a very good chance of ending his career as a Captain or worse...

plonka - 9:08 PM - 28/2/2007

That Mj Mori

..is a credit to his uniform and America. He's doing a damn fine job of defending his client. If it were within my power, I'd nominate and grant him Aussie citizenship in a heartbeat. He puts our entire government in shame. Here we have a foreigner defending an Aussie as though his life depended on it. And then we have Ruddock being completely the opposite.

Ninja - 8:11 PM - 1/3/2007

He is...

...indeed. When we get to see him in action, I often wonder at that paradox Ninja. Just one Ausie in a position to do something would be nice.

We know Howard won't give and Ruddock is another hard case, but he might bow to public pressure being as vain as he is, but I'm wondering if Costello might just crack first. For some reason I get the impression that he's not overly enamoured with our current policy but is keeping his mouth shut in the interest of the party.

plonka - 8:35 PM - 1/3/2007

I have a feeling

...you may be right about Costello. He's a softer touch than Howard, although one has to say that power corrupts. Who knows how Costello might behave if he gets up there? I recall not long ago Costello's views on Muslims and asylum seekers. I'd swear it was Hanson with 'nads. And he'd look a damn sight prettier than Hanson in a frock and dancing on tele ;-))

Ninja - 8:52 PM - 2/3/2007

I don't know

..what it is Ninja. Maybe it's the way he frowns whenever he's asked about it, maybe it's because up until recently he's been a bit quiet on the issue and he seems to have gone quiet again. It's almost like he just delivered the lines that Johnny prepared for him. One thing is certain, he is a "party" man.

You're right about the frock though. Much better...:)

plonka - 4:27 PM - 3/3/2007