Broadcast: 02/04/2007

With a wispy moustache and long, lank hair, it was a different David Hicks who just faced US military court in Guantanámo Bay, Cuba. No longer the clean-cut young man smiling   more...familiarly out of old family snaps – and no longer protesting his innocence.

"Yes sir," said Hicks, as he pleaded guilty to a sole charge of materially supporting terrorism as part of a deal that is expected to see him transferred to an Australian prison after more than five years in Guantanámo Bay.

Why did David Hicks, by pleading guilty, avoid having the charge tested in the military tribunal?

Is he, as his father suggests, buying a ticket home to evade an unjust system and the prospect of being held in Guantanámo until his fifties? His lawyers have long claimed he would never get a fair trial. "How do you get David Hicks convicted of a crime when he never violated any law? You make up an unfair system and you create crimes after the fact," his military attorney Major Michael Mori tells Four Corners.

Hicks’s detractors counter with a simpler reason: that he is in fact guilty. "You don’t go to an al Qaeda terrorist training camp unless you want to become a terrorist," says Brigadier-General Thomas Hemingway, a key adviser in the military commission system.

Four Corners looks at Hicks’s guilty plea and the reasons behind it. What admissions has he made to investigators at Guantanámo? What psychological and physical treatment was he subjected to before he made those admissions? What were his chances of a fair hearing in the military commission?

Reporter Debbie Whitmont delves into evidence which, as a result of the guilty plea, will now never be tested in court. She explores Hicks’s first account of his activities, comparing it to the charge against him to which he has pleaded guilty. Key moments from a five hour interview during Hicks’s early detention at Guantanámo in 2002 are re-enacted word for word, providing a fascinating insight into his responses then and his guilty plea now.

http://www.abc.net.au/4corners/content/2007/s1884546.htm  less

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