POST CONSTITUTIONAL AMERICA .

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DAVID HICKS' GAG ORDER NOT ENFORCABLE IN AUSTRALIA

SYDNEY MORNING HERALD, AUSTRALIA - The gag on David Hicks speaking to
the media for 12 months would not be enforceable in Australia, the
Attorney-General, Philip Ruddock, admitted last night. Mr Ruddock said
Australia had no law making it a crime for Hicks to talk, and the United
States would be able to act on a breach only if Hicks came "within their
reach". . . Mr Ruddock [had first] said he expected the order to be
enforced in Australia because it was agreed by the parties in the plea
bargain and that agreement was the basis for Hicks being sent home.
But later, speaking on the ABC's Lateline he said that for Australia to
agree to an extradition, a charge similar to the one laid overseas must
exist under Australian law. "In Australia, we have a position about
freedom of speech." Asked if the gag order meant nothing, and Hicks
would be able to speak to the media, Mr Ruddock responded: "I suspect
you are probably right. . . Hicks's father, Terry, has expressed his
outrage that the gag order extends to him, and constitutional law
experts have said that it breaches Australia's fundamental guarantees of
free political discussion.

http://www.smh.com.au/news/world/we-cant-enforce-hicks-gag-ruddock/
2007/04/03/1175366240217.html


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