Whatever "confession" Hicks made, it was after more than 5 years of coercive detention and its reliability would be suspect if tested in open court.
Hicks' lawyers have been acting under instruction and so far these instructions appear to have ruled out any defence of the control order application.
One would expect that the potential sale of the Hicks story would present an incentive to test many of the problematic legal issues in open court. I for one would very much like to see this occur. However, whether Hicks ultimately chooses to go down that path is a choice for him alone.
For me, the Hicks story has never been about the life choices made by a naive and confused young man. Rather it has been about political attempts to erode fundamental legal rights, the right to be heard in a real court and not some sham and the right of habeas corpus as a protection against unlawful detention. Hicks was denied these rights for all the time he was held at Guantanamo Bay.
