Australia Drops Book Proceeds Action Against David Hicks

Wells Bennett
Tuesday, July 24, 2012, 10:53 AM
Today, Australia's government formally abandoned its lawsuit to prevent David Hicks---the first defendant ever to plead guilty to military commission charges---from profiting from the sale of his book, Guantanamo: My Journey. In a statement, the Commonwealth Director of Public Prosecutions explained that the government had elected to discontinue the case, among other things because Hicks had "challenged the admissibility" of military commission documents, in which he had admitted to provi

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Today, Australia's government formally abandoned its lawsuit to prevent David Hicks---the first defendant ever to plead guilty to military commission charges---from profiting from the sale of his book, Guantanamo: My Journey. In a statement, the Commonwealth Director of Public Prosecutions explained that the government had elected to discontinue the case, among other things because Hicks had "challenged the admissibility" of military commission documents, in which he had admitted to providing material support for Al Qaeda.  In support, Hicks had presented new evidence regarding the conditions surrounding his admissions of guilt---and, apparently, persuaded the government to drop its case:
Accordingly, I have taken advice from the Queen’s Counsel from the private bar who has been briefed in the matter and from lawyers within my Office. After careful consideration of all matters, including the advice received, I reached the view that this Office was not in a position to discharge the onus placed upon it to satisfy the Court that the admissions should be relied upon and decided that these proceedings should not continue.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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