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DPP Drops Confiscation Proceedings Against David Hicks

The Commonwealth Director of Public Prosecutions (CDPP) has abandoned proceedings against David Hicks which sought to confiscate his earnings from the sale of his book, Guantanamo: My Journey.

The CDPP cast doubt on the admissions made by Hicks before the United States Military Commission and his use of an “Alford plea” that isn’t recognised in Australia.

The CDPP said: “This Office was not in a position to discharge the onus placed upon it to satisfy the Court that the admissions should be relied upon and decided that these proceedings should not continue.”

Media release from the Commonwealth Director of Public Prosecutions.

Statement in the Matter of David Hicks

On 19 July 2011, following an investigation and referral by the Australian Federal Police the Commonwealth Director of Public Prosecutions commenced proceedings against Mr David Hicks, pursuant to the Proceeds of Crime Act 2002 (Cth).

The proceedings were commenced by way of Summons in the Supreme Court of NSW. The Summons sought orders relating to publication of the book Guantanamo: My Journey, including a restraining order, pursuant to section 20 of the Proceeds of Crime Act, and a literary proceeds order, pursuant to section 152.

On 23 July 2012, the Director made a decision to discontinue the proceedings. The matter was discontinued in Court on 24 July 2012. [Read more…]