Last week, the Supreme Court in Australia froze the profits of the published memoir of David Hicks, former Guantanamo detainee. The Commonwealth Director of Public Prosecutions applied to seize the profits as proceeds of crime.
Although this action will not be an examination of his case or his guilt, Hicks’ family is pleased that he will have the chance to be heard in court. Some lawyers have said that the legitimacy of Hicks’ conviction will be in the spotlight of this case because the military tribunal that convicted him may not fall within the Act as a court. In addition, he pled guilty to providing material support for terrorism, an offense that some in Australia have argued was “an offence invented by Congress after the fact; it did not exist at the time he allegedly committed it.”