Andrew Southcott (Boothby, Liberal Party) Share this | Link to this | Hansard source

My question is addressed to the Minister for Foreign Affairs. Would the minister update the House on the situation with regard to the trial of David Hicks in Guantanamo Bay?

Alexander Downer (Mayo, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I thank the honourable member for Boothby for his question. As the Prime Minister told the House yesterday, and as honourable members all know, Mr Hicks has pleaded guilty to one count of providing material support for terrorism. I know that honourable members will be interested in how this whole process will proceed. The prosecution and the defence have today been working to settle the facts that lie behind Mr Hicks’s guilty plea. I understand the expectation is that they have agreed on those facts.

In accordance with the procedures laid down in the Manual for Military Commissions, Judge Kohlmann, who is the judge presiding in this case, will then reconvene the military commission for what is called the providence hearing. During this hearing, which will be held in an open court, Mr Hicks will be questioned by Judge Kohlmann, on oath, about the offence. Judge Kohlmann needs to satisfy himself that there is a factual basis for Mr Hicks’s plea or that Mr Hicks has voluntarily pleaded guilty because he is convinced the prosecution could make out its case against him.

The chief prosecutor, Moe Davis, said on radio this morning—and some members will have heard this—that he thought this hearing could occur in the next day or two. We do not have any further light to throw on that. That time scale may be slightly out; we will just have to wait and see. If Judge Kohlmann accepts Mr Hicks’s guilty plea, sentencing proceedings will be convened before the miliary commission members. The military commission members are commissioned officers of the United States military, appointed by the convening authority. Following submissions by both the prosecution and the defence, the members of the commission will deliberate and then determine the sentence. Colonel Davis said this morning that he hoped the military commission members, who come from different parts of the United States, could be assembled at Guantanamo Bay in time to allow these proceedings to be held before the end of this week.

There has been quite a lot of speculation, understandably, about Mr Hicks returning to Australia within a matter of weeks. We do not know at this stage the sentence that will be imposed on Mr Hicks by the military commission, so it is premature to speculate. Suffice it to say that the Australian government has an agreement with the government of the United States, under which Mr Hicks would be able to serve out the remainder of any custodial sentence that may be imposed upon him here in Australia—in an Australian prison—but, until we exactly know what the sentence will be on the back of the guilty plea which has already been made by Mr Hicks, we are unable to throw any more light on whether Mr Hicks will serve time in an Australian prison and, if so, how much time that will be.