February 18, 2007 Article from: AAP
DAVID Hicks could be back in Australia by the end of the year, Foreign Minister Alexander Downer has said.
Mr Downer would not comment on whether the government was trying to get the Australian Guantanamo Bay detainee back home before this year's election, expected to be held in October or November.
But he said that if Hicks' trial went ahead as US authorities had promised, the Adelaide man could be home this year.
"If the trial proceeds and proceeds quickly ... then it'll be possible to get Mr Hicks back to Australia by the end of the year, either to serve in a prison in Australia or of course just to be released, depending on the result of the trial," Mr Downer said on Channel 9.
Hicks was captured among Taliban forces in Afghanistan in 2001 and has since been held by the US military in Guantanamo Bay in Cuba without trial.
American prosecutors allege in a charge list that Hicks committed attempted murder in violation of the law of war and provided material support from terrorism.
He faces life imprisonment if convicted.
Charges against Hicks have not yet been formally laid.
Mr Downer said the government was trying to ensure that the trial went ahead as quickly as possible.
"Assuming that the trial goes ahead on schedule, whether David Hicks is convicted or he is acquitted, and we obviously make no judgment about that, that he should be able to come home to Australia before the end of the year," he said.
"If he's convicted, we've made an arrangement with the Americans which was confirmed to me 10 days ago by the secretary of defence Robert Gates that David Hicks will be able to serve his sentence or the remainder of his sentence in Australia.
"If he's acquitted, of course, he will be allowed to go."
Mr Downer said the timing was not linked to the election but to the fact that the Hicks' case had gone on for five years.
While fellow Australian detainee Mamdouh Habib was eventually released when the US authorities said they did not plan to charge him, the Americans were determined to prosecute the case against Hicks, Mr Downer said.
But the trial had been delayed by legal wrangling over the military commission process, he said.
"It's taken an interminable time and hopefully it can be resolved pretty soon," he said.
"If the Americans decided that they weren't really going to go ahead with the trial, as has been flagged to us, well that would come as an enormous surprise to us and we'd have to deal with that situation if it arose."
- David Hicks Case Information
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