THE LATEST REPORT by the Law Council of Australia’s (LCA’s) independent legal expert observing Guantanamo Bay detainee David Hicks’ trial reveals the proceedings are “unfair and unworkable”, the LCA said.

The absence of key witnesses to give live testimony emphasises that the military commission proceedings are unfair, according to LCA president John North.

A number of detainees due to give crucial evidence had been released and were unlikely to return, North said.

“The likely lack of live testimony at Hicks’ trial means the defence won’t be able to test the credibility or reliability of key witness statements. Ands the absence of witnesses will make effective cross examination impossible,” he said. “You can’t cross examine a piece of paper.”

The recently released report of Lex Lasry comes almost a year after his first report into Hicks’ trial. It argues that the Australian’s chances of receiving a fair hearing have further deteriorated in the last 11 months.