A US military court has cleared the name of the Australian who was captured in Afghanistan in December 2001 and sent to Guantanamo Bay from January 2002 until May 2007.
David Hicks says he found out at 4am this morning that the United States Court of Military Commission Review had overturned his 2007 guilty plea and the sentence.
"We had been waiting for this decision," Mr Hicks told reporters in Sydney.
“Not just at the moment, but for years. It is a relief because it is over.”
David Hicks says he is exhausted after 5 &1/2 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."
David Hicks had pleaded guilty in 2007 to a charge of providing support to terrorism as part of a plea conviction.
After a challenge by Mr Hicks, this guilty plea, and the sentence, was set aside by the US military court overnight.
Mr Hicks' father Terry has called on the Australian Government to apologise, but the Prime Minister has ruled it out saying Australians should not "fret about an old terrorist threat."
"He was up to no good on his own admission," Mr Abbott told reporters in Launceston.
"Look, I'm not in the business of apologising for the actions that Australian governments take to protect our country. Not now, not ever."
David Hicks says he is not surprised the Prime Minister will not apologise.
'It is becoming an expensive exercise to fix myself from torture'
Asked if he wants an apology, Mr Hicks says it is not a priority, "I don't really care to be honest. It is all over with."
The former Guantanamo Bay detainee has indicated that he will be seeking Government support for his ongoing medical expenses.
"I am in a lot of trouble at the moment physically," Mr Hicks said.
“It is even affecting my ability to do any day job which is my only income.
"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 says the Australian Government were 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 etc."
'There is an issue here for the Australian Government'
Asked if Australia should have done more to help David Hicks while he was in Guantanamo Bay, Mr Abbott says the Government "did what was needed."
Opposition Leader Bill Shorten says the government has 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 says 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.
'Let's hope it's the end of it. It's been a long time'
"The attack video had already been produced by these people when there would-be attack was disrupted by NSW police." Mr Abbott said.
David's dad Terry Hicks says his son can now get on with his life.
"Life goes back to normal and we can get on with what we want to do and without the worry of how things are going with court cases and all this sort of thing." Mr Hicks told the ABC.
"So let's hope it's the end of it. It's been a long time. We've known the story for many, many years and now at last the Americans have done the right thing."
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