yep Hicks agreed to this the garbage some poeple come up with
Hicks risks being sent back: Mori Tuesday Apr 3 21:31 AEST David Hicks could be sent back to Guantanamo Bay to serve the rest of his seven years term if he breaches his pre-trial agreement by speaking to the media, his military lawyer says.
Major Michael Mori said Hicks was focused on returning to Australia and could not have asked for a better sentence than going home within 60 days.
Hicks, who has spent five years in the US' military prison at Guantanamo Bay, Cuba, after being captured in Afghanistan in late 2001, last week pleaded guilty to a charge of giving material support to terrorists.
He also agreed not to speak to the media for a year or allege he was mistreated while in detention.
Major Mori said that if Hicks breached any of the conditions in the plea bargain - such as by speaking to the media - he could be forced to serve out the entire seven-year sentence, that is to be suspended after the nine months.
"Violating many of the provisions of pre-trial agreement actually could require him to serve the remainder of the sentence hanging over his head," Major Mori told the ABC's 7.30 Report.
"He could potentially be brought back to Guantanamo to serve it.
"I hope that doesn't happen. I hope the media respects that he's under oath, under obligation not to talk to media, and they don't try to set him up for failure."
Major Mori said that if authorities believed the pre-trail agreement had been violated, under the military commission rules they would hold a hearing to determine if a breach had occurred.
He said he did not know if the gag was a curse or a blessing, but added that Hicks needed time to himself when he returned to Australia.
"I do think David needs a period of time to get back to Australia, to decompress from this whole situation, to get back in touch with his family, get back into his education, finish his high school qualification, without the media harassing him," Major Mori said.
But Major Mori would not speculate on the reasons for the gag order, or detail arguments made to him supporting the condition.
"I can certainly see where people have questions," he said.
"Obviously, if you have questions or concerns you ought to ask the people that might have made those decisions."
Maj Mori said he could also understand the perception that convening authority Susan Crawford, the top military commission official, had done the Australian government a favour in sentencing, but "that's probably a good question to ask them".
He also repeatedly avoided confirming whether he stuck by previous comments that the military commission was a political show trial.
Hicks' lawyers' have already submitted a request to the Australian government for him to be transferred back to Australia, but Maj Mori said he did not know exactly how long it would be until Hicks was back in South Australia.
Meanwhile, Major Mori said he hoped his own life could return to normal following his protracted advocacy for Hicks but would not comment on whether he would pay a price for his criticism of the US administration over the last few years.
"I'm looking forward to spending more time with my family and getting on with my career," he said.
He admitted becoming attached to Hicks since first visiting him in Guantanamo in December 2003.
"In some ways I became his only conduit to the outside world and worrying about his life needs and making sure he got his mail on time," he said.
"And I'm glad to have done that for him because I just saw an Australian person there in an unfortunate situation and I was going to do the best I could for him."
