find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
DPP drops Hicks book case

DPP drops Hicks book case

The Commonwealth DPP has withdrawn its action to recover the proceeds of David Hicks’ book Guantanamo, My Journey.

The Commonwealth Director of Public Prosecutions has withdrawn its action to recover the proceeds of David Hicks’ book Guantanamo, My Journey.

The announcement came just one week before the Hicks case was due to be heard in the Supreme Court of New South Wales.

Steven Glass, a partner at Gilbert + Tobin which has been acting for Hicks, said: “We believe the evidence we submitted demonstrated David’s plea agreement was made under duress – an admission extracted under extremely harsh conditions at Guantanamo. We’re pleased the CDPP has withdrawn the case”.

Hicks, an Adelaide-born man, was captured by the Northern Alliance in Afghanistan in 2001 and handed to US forces, spent almost six years detained at Guantanamo Bay before he was finally released in 2007.

Proceedings were commenced against Hicks in July last year, with the CDPP arguing that under the Proceeds of Crimes Act 2002 (Cth) Hicks should be required to forfeit the profits of his book.

The CDPP said it would rely on Hicks’ agreement in 2007 to plead guilty to charges that he had provided “material support for terrorism”. It argued that the guilty plea meant that he was prohibited from earning profits from his book.

The defence team argued that the CDPP should not be able to rely on the plea agreement, because the conditions at Guantanamo amounted to duress. 

According to Gilbert + Tobin, the CDPP decided to abandon the case just weeks after the Hicks defence team provided evidence to the CDPP of the oppressive circumstances in which Hicks had agreed to plead guilty.

Michael Mori and Joshua Dratel, the two American lawyers who represented Hicks in Guantanamo and had advised him to plead guilty as a way to be sent home, had both given strong evidence supporting his case.

The law firm said Hicks’ legal team was to argue that the offence of providing “material support for terrorism”, which was made law in the United States in 2006, was not an offence either in the US or Australia in 2001 when the alleged conduct occurred. They say that the Proceeds of Crimes Act does not permit the confiscation of proceeds of retrospective foreign offences.


Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

DPP drops Hicks book case
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
Nov 16 2017
From lawyer in law firm to senior governance professional
Promoted by Governance Institute of Australia As a law graduate, Kate Griffiths never imagined...
marriage equality
Nov 16 2017
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit ant...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...