By Steve Larkin
March 29, 2007 01:32pm
CONFESSED terrorist David Hicks might challenge in Australian courts any jail term handed to him by a US military commission, his father says.
The federal government has warned Australia will not be able to alter the length of any jail sentence imposed by the US on Hicks, and which would be served in an Australian jail.
But Terry Hicks said today his son could use Australian courts to contest the legality of whatever jail term is handed down by the US military commission.
Hicks, from Adelaide, is awaiting sentence at Guantanamo Bay after pleading guilty to a charge of providing material support for terrorism.
The 31-year-old is expected to serve any sentence at Yatala prison in Adelaide's north.
Mr Hicks said his son's sentence was expected to be known within days.
"The strangest thing out of all this would be what is going to happen when David comes back here," Mr Hicks said on his return to Adelaide from Cuba, where he saw his son for the first time in nearly three years.
"He's back on Australian soil yet he's jailed under another country's absolute inadequacies, the way they have handled the situation."
Asked whether there would be legal challenge to Hicks' jailing in Australia, Mr Hicks said: "It may be."
"It depends on the legal profession," he said.
"But the legal profession aren't happy about the way it has been done.
"They might take it on their own that once David is back here, do something - I don't know, we'll just have to wait and see."
Mr Hicks said the Yatala jail "will be a five-star hotel" compared with Guantanamo Bay.
"He knows that in particular the way the courts system worked against him and against his lawyers that he's not going to be found not guilty, they are going to nail him to the wall," Mr Hicks said.
"So what David has done, in his best interests... is to plead guilty.
"After the conversations we had with David you could see all he wants to do is get home.
Click to view image: '38592-180pxDavid_Hicks.jpg'
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