Sunday, March 04, 2007

Major Mori to be Charged?

Fairfax news is reporting that David Hicks' military lawyer may be charged for breaching Article 88 of the US Military Code...

It relates to using contemptuous language towards the president, vice-president, and secretary of defence. Penalties for breaching the code include jail and the loss of employment and entitlements.

Major Mori denied he had done anything improper but said the accusations left him with an inherent conflict of interest.

“It can't help but raise an issue of whether any further representation of David and his wellbeing could be tainted by a concern for my own legal wellbeing,” Major Mori told Fairfax. “David Hicks needs counsel who is not tainted by these allegations.”

Major Mori, who has been to Australia seven times, will seek legal advice. The issue will also have to be raised with Hicks when his legal team next sees him, Fairfax reports.

Colonel Davis said Major Mori was not playing by the rules and criticised his regular trips to Australia. He said he would not tolerate such behaviour from his own prosecutors.

“Certainly, in the US it would not be tolerated having a US marine in uniform actively inserting himself into the political process. It is very disappointing,” he told Fairfax. “He doesn't seem to be held to the same standards as his brother officers.”

Whilst this may be bad news for Major Mori, there may be a silver lining for David Hicks... If Maj. Mori is charged, he would be removed from Hicks' case, thereby deeming it necessary for a replacement, which could take 'months for a new lawyer to get to grips with the case and the new military commission process.'

Prime Minister John Howard has told the US any action leading to further delays would be unacceptable and would prompt him to demand the return of Hicks, 31, after five years in Guantanamo Bay.

Mori has also raised concerns of a conflict of interest now existing, which may prevent him from representing Hicks.

Interesting start to the week...

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