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Court dismisses British Govt's appeal against -

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(generated from captions) guarantee uranium mining here to the end of this century. Disbr>> Mike Sexton with that report. And in London, the Court of Appeal has just delivered a verdict in the David Hicks case. The court has dismissed the British Government's appeal against David Hicks' eligibility for British citizenship which means David Hicks should now be registered as a British citizen and could ultimately lead to his release from Guantanamo Bay. David Hicks' US lawyer, Major Michael Mori is in Australia and he joins me now from Adelaide.

Michael Mori what happens now the

British Government has lost this

appeal I'm sure the government will

try to ask to appeal to this

decision to the House of Lords and

will probably find out by the

will probably find out by the middle of June, it could be that late,

whether or not the House of Lords

will accept their appeal or deny it.

What's the likelihood of that

What's the likelihood of that appeal being accepted? I understand that

being accepted? I understand that if it's a unanimous verdict, as it has

been with this appeal, that that

makes it less likely that the Lords

may accept the appeal? I think

you're absolutely right. I think

it's less likely that the appeal

will be accepted. I just wish the

British Government would get on

British Government would get on with it and go down to garn know and

formal lice David's citizenship.

Even if he gets his British

citizenship and renowns his

Australian citizenship, is there

guarantee that the British Australian citizenship, is there any

Government would then request his

release from Guantanamo and

repatriation to Britain? Did you

David renounces Australian repatriation to Britain? Did you say

citizenship? It's been reported to

help his case if he is given

citizenship that he might now help his case if he is given British

renounce his Australian citizenship?

Absolutely not. David will never

renounce his Australian citizenship.

He's from Australia and proud he's

from Australia and proud of his

family heritage in the UK and he's

proud to be a dual national and he

just wants both of those

formalised. Are you confident that just wants both of those citizenship

dual nationality or dual

will not weaken his case with the dual nationality or dual citizenship

British Government to persuade them

to go to America and ask for his

release? I don't think so. I think

the British government's position

Guantanamo Bay and the military the British government's position on

missions has been cleared from the

Prime Minister and the military

commissions do not meet

international legal standards.

Guantanamo should close and I don't

see the British Government changing

its position on Guantanamo Bay.

Youty it's out of the question that

they could complain their position;

that they have to be consistent

David Hicks, as they have been with that they have to be consistent with

the nine British citizens already

released? I think when Prime

Minister Blair's recent visit to

Australia he expressed he its

opinion it's all about values and

part of his value is that

should close and the value of a part of his value is that Guantanamo

trial and the commission doesn't should close and the value of a fair

meet that and I don't see the

that he holds changing. But of meet that and I don't see the values

course then there's the question of

whether America would automatically

accept any or exceed to any British

request for David Hicks' rel less

once he was granted citizenship?

Absolutely. The United States

Government is trying to block it

ways. One they're interfering with Government is trying to block it two

the US - the access support the

British Government embassy

to get to Guantanamo to swear David British Government embassy personnel

in. The British Government

acknowledge that for several months

they've been rying to gain access

David to swear him in and formalise they've been rying to gain access to

his citizenship. The US Government

has been blocking that. Then of

course with the US Government stick

to the agreement they have with the

UK that they would not process any

British nationals through a

Commission? Can you recall or do British nationals through a Military

know how long it took the Commission? Can you recall or do you

process between Britain and America know how long it took the diplomatic

before their nine previous citizens

were released from Guantanamo?

Well, I think the negotiations

between the US and the UK at least

in the media it was reported that

those negotiations were going on in

the second half of July and within

year they were all released and the the second half of July and within a

agreement was put in place that no

British national would face a

Military Commission and they were

all released. Remember two of the

British nationals released were

designate bod I the US President to

go to a Military Commission and yet

the UK were able to get them out.

So you're confident that if they

ask, the Americans will be forced

yield to British diplomatic ask, the Americans will be forced to

pressurer in the Hicks case?

I hope that they will stick to

values and their position on I hope that they will stick to their

Guantanamo and the Military

Commission not meeting

legal standards and Davidkm Hicks Commission not meeting international

will receive the same benefit tas

every other British national has

received and by the way Australian

nationals that Mr Hab bib has been

released. There is only one Aussie

national and that is David Hicks

after four years it is about time national and that is David Hicks and

was reunited with his family and after four years it is about time he

received justice. In the meantime

you've said it could take until

before it is clarified as to you've said it could take until June

this could be a further appeal to before it is clarified as to whether

the House of Lords. In the Meantime,

there's also the Guantanamo Bay

case before the American Supreme there's also the Guantanamo Bay test

Court. What's the status in that

case and how might that affect

Hicks' status as a Guantanamo Bay case and how might that affect David

in-mate in Yes, sir. You know,

waiting to see what the Supreme in-mate in Yes, sir. You know, we're

Court of the United States will do.

We expect a decision mid-June, at

the end of June. We're hoping that

the Supreme Court will find that

military commissions are unlawful. the Supreme Court will find that the

We're going to have the wait and

see. Obviously if the Supreme Court

goes against commissions, the

commissions will stop and what I

would be concerned with is the

decision leaves wiggle room for the

US Administration to try and modify

the situation and prolongs David's

position with the trial. Now we're

into the fifth year T US had the

opportunity to do it right and

failed for 2.5 years. It's about

time the Government of Australia

reconsider the position now. Over

four years in confinement and I

think it's about time to bring him

home. So either way, either you are

going to have to wait either for

British system to work its way going to have to wait either for the

finally through the appeals process,

then for a diplomatic process

between Britain and America or

alternatively, you could equally be

waiting months before the legal

if America is thought through. So waiting months before the legal case

either way, David Hicks could still

be in Guantanamo Bay for a

significant number of months?

You're absolutely right.

Unfortunately, waiting on the

Australian Government to stand up

for the rights of

for the rights of one of its

citizens in this has taken far too

long. It seems the Australian

Government will take action to

protect the rights of some

Indonesian citizens but won't take

the action to protect the rights of