The Australian government is refusing to apologise to David Hicks for his years in Guantanamo Bay, pointing out that he has made admissions that would likely lead to conviction under current Australian law.
A US military court overnight cleared the name of the Australian who was captured in Afghanistan in December 2001 and sent to Guantanamo Bay from January 2002 to May 2007.
The United States Court of Military Commission Review overturned a 2007 charge of providing support to terrorism, which Hicks pled guilty to as part of a deal.
David Hicks' father Terry has called on the Australian Government to apologise, while his relieved and weary son today told reporters in Sydney that it was not a priority.
"I don't really care to be honest. It is all over with,” he said,
The Prime Minister Tony Abbott has ruled out compensation saying Australians should not "fret about an old terrorist threat."
"He was up to no good on his own admission," Mr Abbott said today.
"I don't really care to be honest. It is all over with."
"Look, I'm not in the business of apologising for the actions that Australian governments take to protect our country. Not now, not ever."
Former Prime Minister John Howard also said today that David Hicks was not owed an apology.
"The US verdict is about the legal process in that country," Mr Howard, who was prime minster when Mr Hicks was sent to Guantanamo Bay in 2002, said in a statement.
"Nothing alters the fact that, by his own admission, Hicks trained with al-Qaeda, met Osama bin Laden on several occasions - describing him as a brother.
"He revelled in jihad.
"He is not owed an apology by any Australian government."
The Attorney-General George Brandis, who is in the United States attending a conference on violent extremism, has released a statement also pointing to the admissions made as part of his guilty plea.
"Those particular activities were carried out before the 2002 (and subsequent) counter-terrorism laws," Senator Brandis wrote.
"The type of activities that Mr Hicks has admitted to, including training with al-Qaeda and other terrorist organisations in Afghanistan, would likely now fall within the scope of Australian terrorism laws."
'We had been waiting for this decision'
David Hicks said he found out at 4am this morning that the US Military court had overturned his 2007 guilty plea and the sentence.
"We had been waiting for this decision. Not just at the moment, but for years. It is a relief because it is over," he told reporters in Sydney.
Mr Hicks said he was exhausted after five-and-a-half-years of physical and psychological torture at Guantanamo Bay and the subsequent fight to clear his name.
"There is not anger. I think I am too defeated to have anger. I am worn out."
The former Guantanamo Bay detainee said "someone" should pay for medical expenses flowing from his years in detention.
"I am in a lot of trouble at the moment physically. It is even affecting my ability to do any day job which is my only income," he said.
"I am in need of an operation on my left knee, my right elbow, my back, my teeth keep getting pulled because I couldn't brush them for five and a half years."
"It is becoming an expensive exercise to fix myself from torture."
He said the Australian Government was aware of the conditions he was being held in at Guantanamo Bay.
"It is due to the torture. It is being kept in metal rooms and freezing conditions for years. It is not being able to move. It is not being able to exercise. The body deteriorates over five and a half years, even without the added torture, such as stress positions, being beaten," he said.
"It is becoming an expensive exercise to fix myself from torture."
Asked if Australia should have done more to help David Hicks while he was in Guantanamo Bay, Mr Abbott said the Government "did what was needed."
But, the Opposition Leader Bill Shorten said the government had questions to answer about Mr Hicks' treatment.
"I think there is an issue here for the Australian Government." Mr Shorten told reporters in Melbourne.
"There is no doubt on one hand David Hicks was probably foolish to get caught up in that Afghanistan conflict but clearly there has been an injustice done to him. The American courts have finally established that."
"We can't control what American military courts do, but I do think that the Australian Government needs to examine, did they really do all they could to ensure injustice didn't occur and bring David Hicks back to Australia."
The Prime Minister said the "important thing is not to fret about an old terrorist threat" and urged Australians to focus on the current terrorist threat.
"Which is real, which is serious and just last week, thanks to really good work by NSW Police, Australian Federal Police and other security agencies, an imminent terrorist attack in Sydney was disrupted."
Two Sydney men, Omar Al-Kutobi, 24, and Mohammad Kiad, 25, were arrested last week, accused of plotting an imminent terrorist act.
"The attack video had already been produced by these people when there would-be attack was disrupted by NSW police." Mr Abbott said.
