Thursday 29 March 2007

Plea bargaining.

Many people are mystified as to why alleged terrorist David Hicks would plead guilty to a crime he claims he did not commit in response to a plea bargaining deal.
Plea bargaining is an American invention. It is usually " a deal " between the prosecution and the prosecuted in which more serious charges are dropped in exchange for a plea of guilty to lesser charges.
In many cases, the prosecution has a weak case and knows that the prosecution may fail. The person prosecuted has the option of taking a chance and walking free if that happens - or serving a much longer sentence if found guilty. Taking " the deal " removes that risk in return for a lesser sentence.
David Hicks probably made his decision based on two factors. He was desperate to get out of Gitmo - and most likely the sentence he will serve has already been agreed by him and his captors - and whatever time he serves will be in his home country - Australia.
This scenario brings back memories of another " deal " struck after members of the French DGSE - the equivalent of the American CIA or the British MI6 - bombed the Greenpeace protest ship " Rainbow Warrior " in Auckland harbour on July 10, 1985.
Two members of the team were caught and faced a murder charge after their bombing killed a crew member. They were found guilty - and were given a long prison sentence.
The French government demanded that they be released and imposed commercial sanctions on New Zealand trade, banning imports of New Zealand farm products into France and crippling the New Zealand economy.
Eventually " a deal " was struck. The two DGSE members would be sent to the French island of Hao in the Pacific where they would serve the full term of the sentence imposed by a New Zealand court. They would be prisoners - but prisoners on French soil.
That deal lasted less than three years. In May, 1988,on various pretences the deceitful French repatriated them to France with President Mitterand giving them a public welcome just before a national election. They were feted as heroes, decorated and promoted.
It seems that " deals " between nations depend on the honesty of the nations involved - and which one has the superior military power !

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