Australia to question al Qaeda fighter

Australian fighter David Hicks is believed to be intimately involved in al Qaeda

By Grant Holloway
CNN

CANBERRA, Australia (CNN) -- The United States will hand over an Australian captured while fighting with al Qaeda forces in Afghanistan so he can be interrogated by Australian security personnel.

David Hicks, 26, from the southern Australian city of Adelaide, is currently being held on the USS Peleliu in the Indian Ocean along with four other Western fighters including U.S. citizen John Walker.

Australian attorney-general Daryl Williams told media Wednesday the U.S. had granted access to a combined Australian Secret Intelligence Organization (ASIO) and Australian Federal Police team to interrogate Hicks.

Hicks, a self-styled "soldier of fortune" and Islamic convert, was captured by Northern Alliance forces on December 9.

The Australian government said last week Hicks was believed to have been "intimately involved" in the al Qaeda network.

Williams said Australia wished to question Hicks to "ascertain whether there is any intelligence we need to know of" and to determine if any criminal offenses have been committed under Australian law.

The issues of what crimes Hicks could be charged with -- and under which nation's jurisdiction -- are still very much undetermined.

Williams would not say whether the U.S. had questioned Hicks.

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"We've been provided with some information by U.S. authorities in relation to him [Hicks] but there are a range of circumstances that are still quite unclear," Williams told the Australian Broadcasting Corporation.

Hicks will not, however, be given access to legal representation while being questioned.

"He's been captured in a situation of conflict. He will be dealt with in accordance with practices that pertain to that environment," Williams said.

Australia's defense minister, Senator Robert Hill, said last week that Hicks may have breached an Australian law aimed at discouraging mercenaries.

That law carries a maximum 14-year prison sentence.

Australia's parliamentary cabinet earlier this week introduced new laws designed to ease the investigation of terrorist activities and improve aviation safety.

Under the new laws ASIO would be able to detain and question people suspected of holding information about terrorism for up to 48 hours without legal representation.

Officials would also be able to attack terrorism funding, and intercept unread e-mails.

Persons found guilty of terrorism offenses could face life sentences under the new laws.

Some Australian domestic flights will now have plainclothed air marshalls aboard

Civil rights groups in Australia attacked the proposed laws Wednesday saying individual rights were being eroded and likening the situation to the KGB's powers in the Soviet Union.

The new laws, which will be legislated when parliament resumes in February next year, will need the support of the main opposition Labor party if they are to be implemented.

Minor Australian parties, which hold the balance of power in Australia's upper house, the Senate, are vowing to block the legislation.

Also as part of the crackdown on terrorism, Australian domestic aircraft will have armed sky marshalls travelling on random flights from this week.

The first assignment of 22 marshalls will travel in plainclothes and in secret and will carry low-velocity weapons that can fire without penetrating an airliner's fuselage.

The air marshall plan has been criticized by Australia's main police union who say the marshalls are inadequately trained for such operations and represent the government opting for the "cheapest option" for improving aviation safety.

The government rejects this claim and says the marshalls have undergone a rigorous selection, assessment and training program.