Fed: I'll close any loophole allowing Hicks to profit: Ruddock

AAP General News (Australia)
04-30-2007
Fed: I'll close any loophole allowing Hicks to profit: Ruddock

SYDNEY, April 30 AAP - Federal Attorney-General Philip Ruddock says he will amend the
law retrospectively if it turns out a loophole will allow Australian Guantanamo Bay detainee
David Hicks to profit from telling his story.

A book about Hicks' experiences, written by journalist Leigh Sales, is due to be published
tomorrow by Melbourne University Press.

The Dean of Law at the University of Sydney, Ron McCallum, and Melbourne Civil Liberties
lawyer Robert Richter QC, believe the federal government may not be able to stop Hicks
from keeping the profits from any book he writes about his involvement with the Taliban
in Afghanistan and his detention by the United States at Guantanamo Bay in Cuba.

But Mr Ruddock said today the advice he had received was that laws preventing convicted
criminals from profiting from their offences would apply in Hicks' case.

"We have looked very closely at this," he told Macquarie Radio.

"We looked at whether or not (because of) the changed nature of the military commissions
(the law) needed to be further amended, and the advice was very clear that it covered
this situation.

"I don't believe the advice is wrong."

However, he said if it turned out there was a loophole in the law, the government would
ensure it was quickly closed.

"He has pleaded guilty, he has been convicted, he will be serving out a sentence and
I don't see how the law will be inadequate," Mr Ruddock said.

"But let me just make it very clear if that law proved for some technical reason to
be deficient, I would seek to have it amended and I would do that quickly.

"It is appropriate for civil matters to do that. It's not appropriate in relation to
establishing criminal offences, but I think it is in civil matters."

Mr Ruddock said Hicks might be able to direct proceeds from a book or lectures towards
a charity of his choice, but the government would ensure that any proceeds he received
here or overseas would be recouped by the crown.

"Mr Hicks cannot make any money from it at all," he said.

"Look, I mean people have said he can talk and ask that any profits be given to his
favourite charity - that probably isn't covered."

Mr Ruddock declined to comment on the matter of profits paid to the Corby family from
the sale of convicted drug smuggler Schapelle's tell-all book, saying the matter was currently
before the courts.

Queensland's Court of Appeal last month froze money paid to the Corby family from the
sale of the book until a decision is made on whether the money will be paid to the commonwealth.

"There were some matters raised in relation to Corby," Mr Ruddock said.

"And in that matter I think it's before the courts and it would be inappropriate for
me to comment.

"But it does demonstrate that we take the issue of proceeds of crime profiting very seriously."

AAP acb/cp/bwl

KEYWORD: HICKS BOOK RUDDOCK

2007 AAP Information Services Pty Limited (AAP) or its Licensors.