Why should David Hicks be stripped of royalties for his auto-biography ?

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little graham

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Cartoon liberal party fb pages are spreading.

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medusala

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Respect for the rule of law and rights of the citizens - these are the Conservative values on which the political stability of Western democracies were built - the despicable thing about it is that Howard knows this but made a political calculus to traduce them

You don't think Hicks was guilty of treason?
 
Oct 2, 2007
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You don't think Hicks was guilty of treason?

Nope. Not treason. Treachery perhaps.

The law in force at the time he fought with the Taliban was:

CRIMES ACT 1914 - SECT 24AA
Treachery
(1) A person shall not:

(a) do any act or thing with intent:

(i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; or

(ii) to overthrow by force or violence the established government of the Commonwealth, of a State or of a proclaimed country; or

(b) within the Commonwealth or a Territory not forming part of the Commonwealth:

(i) levy war, or do any act preparatory to levying war, against a proclaimed country;

(ii) assist by any means whatever, with intent to assist, a proclaimed enemy of a proclaimed country; or

(iii) instigate a person to make an armed invasion of a proclaimed country.

(2) Where a part of the Defence Force is on, or is proceeding to, service outside the Commonwealth and the Territories not forming part of the Commonwealth, a person shall not assist by any means whatever, with intent to assist, any persons:

(a) against whom that part of the Defence Force, or a force that includes that part of the Defence Force is or is likely to be opposed; and

(b) who are specified, or included in a class of persons specified, by proclamation to be persons in respect of whom, or a class of persons in respect of which, this subsection applies.

(3) A person who contravenes a provision of this section shall be guilty of an indictable offence, called treachery.

Penalty: Imprisonment for life.

http://www.austlii.edu.au/au/legis/cth/consol_act/ca191482/s24aa.html

The above has been replaced by section 80.1 of the Commonwealth Criminal Code.

Maybe he just runs afoul of subsection 2 of the above, seeing as at the time he was captured (December 2001) 1 SQN SASR had been in country for 2-3 months.

The Crown would have to prove he assisted the Taliban for the 2-3 months preceding his capture.
 

medusala

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Nope. Not treason. Treachery perhaps.

The Crown would have to prove he assisted the Taliban for the 2-3 months preceding his capture.

Plenty of legal opinion IIRC at the time disagreed. It seems to me that governments are extremely reluctant to use treason and trump up charges to get around that.

Didn't he / his legal team admit he was involved for a while prior to capture?
 
Oct 2, 2007
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Plenty of legal opinion IIRC at the time disagreed. It seems to me that governments are extremely reluctant to use treason and trump up charges to get around that.

Didn't he / his legal team admit he was involved for a while prior to capture?

Depends on his involvement. Its not clear cut.

Also a question of double jeopardy.
 

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Xsess

Norm Smith Medallist
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Let us not repeat this heinous crime committed against poor innocent David Hicks, with returning Australian ISIS fighters. They deserve our county's full support and legal protection.
 
Oct 2, 2007
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Let us not repeat this heinous crime committed against poor innocent David Hicks, with returning Australian ISIS fighters. They deserve our county's full support and legal protection.

Yes, they do. They deserve the presumption of innocence, the right not to be tortured and the right to due process according to the Rule of Law.

Something Hicks was never afforded.
 

Little Big John

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A conservative used imply that they wanted certain things and institutions conserved. All the modern conservative wants to do is tear down things.

To be fair conservatives have their roots in seeking to maintain absolutist Roman Catholic rule. So, yanno...
 

Little Big John

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thats the catholics in the union movement
Not the Roman Catholic long time fan of Santamaria and all-round supporter of institutions that have stood the test of time simply because they have stood the test of time who happens to head the federal government of Australia?

Not that guy?
 

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