THE HON. ALEXANDER DOWNER
MINISTER FOR FOREIGN AFFAIRS

Mr Downer, thank you very much for your time.

It’s very good to be with you Bryan, and good evening.

Can you explain to me the legal process we’re seeing in the David Hicks trial?

Yes, well Mr Hicks has now of course pleaded guilty to providing material support for a terrorist organisation.

But Mr Downer, wasn’t pleading guilty the only way he was going to get home?

Bryan, I would have thought if you plead guilty to something, it’s because you did it.

And what if you plead not-guilty?

Well if you’re going to lie on oath, Bryan, they’re going to chuck the book at you. I wouldn’t advise you to do that. That could be dangerous.

OK. So can you explain the legal process to us?

Yes, the auspices here are those of a US constituted military commission. Have you seen the artist’s impression drawings that have been in the newspaper?

Yes, and this is David Hicks here.

That’s David Hicks there, yes. This is the judge over here.

This is Major Mori?

That’s right. Major Mori, yes indeed.

Who’s this, here?

That there, Bryan, is the White Rabbit, slightly blurred of course, because he’s running late.

Where’s Alice?

Alice is over here.

Oh. Behind the Red Queen?

Behind the Red Queen, yes.

Of course. OK. So how does it all work? I mean, this is not coming under US law is it?

No—it’s a slightly different jurisdiction; it’s a US military commission, being conducted in a jail in Cuba.

And how is it different?

Well, whereas normally you would be charged with something, and then you would be tried, and then if you were found guilty, you would be sentenced…

Yes. And how is this one different?

In this case, in a slightly different jurisdiction, Bryan, you serve your sentence…

You serve your sentence first?

…and then after some years of that, you’re charged, and then perhaps, you’re tried.

What are you charged with?

Oh, anything. In this case ‘providing material support for a terrorist organisation’.

And where do you serve your sentence?

In a little room about this by this, Bryan. It’s very attractive. Affording excellent vistas of the toilet, for example.

And when are you tried?

You’re tried after you’re charged, as in the conventional model.

Right. And this is after you’ve served your sentence.

…Having served the majority of your sentence, for some years; maybe five or six years.

And what do you do when you’re charged?

Oh you plead guilty, Bryan.

Why do you plead guilty?

Because you’ve already served your sentence. You don’t want to be tried, Bryan, you’ve probably had enough by then.

Yes. You want to go home.

Time to go home, yes.

The novelty’s worn off.

The thrill is gone, Bryan. Let’s get out of here.

So why didn’t the Australian Government get him out, Mr Downer?

Well, everyone is entitled to a fair trial. That is a fundamental right.

Mr Downer, thanks for your time.

Now you just plead guilty, Bryan and I think I can get you out of here.