The Australian prosecutors, who tried to seize proceeds from David Hicks’ memoir about his captivity and torture at the US facility in Guantanamo Bay:

So the Australian government has shot itself in the foot while aiming at David Hicks. It would be funny if it weren’t so appalling.

The withdrawal of the dubious literary proceeds of crime action against Hicks raises questions the Commonwealth DPP has not fully answered. Why was the case dropped? What new material was presented by Hicks that prosecutors were unaware of when launching proceedings?

The DPP’s statement acknowledges the plea Hicks entered in the US – an ++”Alford plea” whereby a defendant is able to acknowledge the evidence without admitting commission of the offences charged – “is not recognised in Australia”. Furthermore, the DPP was unable to “satisfy the court that the admissions should be relied upon”, and the defendant “served evidential material not previously available to the CDPP & AFP”.

The “evidential material” in question were his allegations of coercion and torture, which were in the book that generated the moneys in question.