Howard's Way: The Presumption of Innocence

Most Australians would agree with the Prime Minister that Federal MP Andrew Laming, who allegedly rorted $67,000 in allowances, is entitled to the presumption of innocence. Howard clearly demonstrates a good understanding of the constitution and of democracy at work.

A little disconcerting, however, is Howard’s democratic spirit in view of Guantanamo Bay's David Hicks.

Rudd’s claim that Hicks will not have a presumption of innocence under the military commissions was emphatically rejected by Howard. He pointed to a code in the legislation which states that the, "accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt".

It's a bit hard to swallow given that Hicks has been incarcerated for 5 years.

David Hicks Andrew Laming