Free Australian Guantanamo inmate, his lawyers say

CANBERRA, June 30 (Reuters) Australia's David Hicks should be set free from Guantanamo Bay after the U S Supreme Court struck down as illegal the military tribunal system set up to try prisners held there, his lawyers said today.

In a rebuke of President George W Bush's tactics in the war on terrorism, the U S Supreme Court yesterday found the military tribunals set up to try Guantanamo prisoners were illegal and violated Geneva Conventions and U S military rules.

''It's time for him to go home and be given back to his dad Terry. Let him get on with his life and get back to getting his education,'' Hicks's U S military lawyer Michael Mori told Australian Broadcasting Corp. radio.

But the Australian government said it still wanted Hicks to face trial in the United States, saying he could not be charged with any crime if returned to Australia.

''Our position is that he should be brought to trial as soon as possible,'' Australian Prime Minister John Howard said on Friday, saying it was up to Washington to decide how to proceed.

''There clearly has to be another method of trial, a court martial or a civilian trial, that conforms with the Supreme Court decision,'' he said.

Howard said Hicks had admitted to training with the militant al Qaeda network, blamed for the September 11, 2001 attacks on the United States, and had rejoined the group after the attacks.

Adelaide-born Hicks has pleaded not guilty to attempted murder, aiding the enemy and conspiracy, and is one of the first Guantanamo detainees scheduled for the military trials.

Hick's Australian lawyer David McLeod said the United States now had no reason to hold him after the court ruling.

''The only action that can now be properly regarded as fair is to bring this nightmare for David Hicks to an end. Any alternative trial process would only add to the unreasonable delay by years,'' McLeod said in a statement on Friday.

The Australian government has said Hicks would serve any jail sentence in Australia if convicted in the United States.

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