Austyralian government seeks to have Hicks 'court' case dismissed
The Australian Government is arguing in the Federal Court in Sydney that a case brought by lawyers for David Hicks should not be allowed to proceed.
Lawyers for Hicks have filed an application in the Federal Court, arguing that the Federal Government has breached its protective duty towards the Guantanamo Bay detainee.
The want to argue that the Australian Government should have asked the US Government to have Hicks returned to Australia.
But the Commonwealth is seeking to have the case dismissed before it is heard.
Solicitor-general David Bennett has told Justice Brian Tamberlin he has being asked to interfere in the area of international negotiations between executive governments, which is inappropriate.
A small group of Hicks supporters, including former Guantanamo Bay inmate Mamdouh Habib, are in court for the hearing, which is set down for two days.
[Hicks' US military lawyer, Major Michael Mori, said, "I think the support here and knowing that there are people out there fighting for him helps him get day by day through the time that he sits in that cell by himself in solitary, 22 hours a day."]
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