Hicks lawyer suing Australian government for failure to protect Caitlin Price at 3:51 PM ET
[JURIST] Lawyers for Australian Guantanamo Bay [JURIST news archive] detainee David Hicks [JURIST news archive] are filing a claim Monday in the Federal Court of Australia [official website] in an attempt to secure Hicks' release. Hicks' Australian defense team, headed by David McLeod, will charge the government with breaching its duty to protect Hicks, as a citizen, by failing to call for a fair trial. Justice Brian Tamberlin will first rule whether the court has jurisdiction to hear the case; McLeod said Sunday that a failure to grant jurisdiction essentially would mean that no court in the world can review US military commissions [JURIST news archive]. McLeod also pointed to the UK's 2005 success in gaining the release [JURIST report] of several of its citizens from Guantanamo as an example of the control the Australian government should demand over its own citizens. If Hicks' team is successful, the court could grant an order for his release.
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