Hicks' media gag order can't be enforced: Ruddock

[velvet]

Source: Australian Broadcasting Corporation

Federal Attorney-General Philip Ruddock says the gag order on convicted terrorist David Hicks cannot be enforced when he returns to Australia. Hicks was ordered not to talk to the media for a year as part of his plea bargain with the United States Military Commission, which sentenced him to nine months' jail.

Speaking to ABC TV's The 7.30 Report program on Tuesday, Hicks' military lawyer Major Michael Mori said a breach would have serious consequences. "Violating many of the provisions of the pre-trial agreement actually could require him to serve the remainder of the sentence that's hanging over his head," he said. "He could potentially be brought back to Guantanamo to serve it."

But Mr Ruddock has told ABC TV's Lateline program, Australia could not extradite Hicks if he breached the order and there are no domestic laws to enforce it. "In Australia, we have a position about freedom of speech," he said. "And proceeds of crime legislation deals with proceeds of crime and it can include literary proceeds, it's so people don't profit from it."

"It's not to stop them telling their story." Mr Ruddock says Australia can only stop Hicks profiting from his story.

Read more: http://www.abc.net.au/news/newsitems/200704/s1889044.htm

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I could wish that the mainstream media would not call Hicks "terrorist". He was convicted of "giving material support to terrorists" - surely the difference is crucial and is reflected in the sentence he received. But the media love the simple things in life, don't they?

Anyhow, it's interesting to see Ruddock clarify Australian law on the gagging provision. Seems even Hicks will have some rights when he returns.

Video of the interview with Major Mori is linked to in the right sidebar of the same page, and worth a look. I thought he did well.

[annabanana]

1. Yeah "he'll have some Rights". . but if I were him

I'd definitely watch my back. I would not put it past some operative NGO to try and stop the information...

[uppityperson]

2. Bwahahahaha. FU torture-lovers. Or would it be neener neener neener

Freedom of speech. Good. It will be interesting to see what he has to say, whether this yr or next.

[struggle4progress]

3. US general says Hicks gag was his idea

05 April 2007 - 0:01AM

A US military commission legal adviser says the gag order on confessed terrorist supporter David Hicks was his idea, and the Australian government had nothing to do with it.

Brigadier-General Thomas Hemingway, the man who negotiated the plea bargain deal with Hicks on behalf of the commission, said he thought it was the right thing to do, Fairfax reported.

"I thought it appropriate, given all the rhetoric that was floating around, that ... he would agree not to talk to the press or other media for a while," Fairfax quoted Brigadier-General Hemingway as saying.

~snip~

http://blayney.yourguide.com.au/detail.asp?class=national%20news&subclass=general&story_id=572774&category=General&m=&y=