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Defense lawyer heads to Camp X-Ray

From CNN Producer David de Sola

David Hicks has been detained for two years without charge so far.
David Hicks has been detained for two years without charge so far.

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WASHINGTON (CNN) -- The first lawyer able to secure a meeting with a Guantanamo detainee is set to leave the United States Wednesday en route to Cuba to meet with his client.

Australian civil liberties lawyer Stephen Kenny has been appointed to represent David Hicks, an Australian national detained by U.S. forces in Afghanistan in December 2001.

Hicks has been in detention for more than two years after being captured by the Northern Alliance in Afghanistan while allegedly fighting for the Taliban.

The Adelaide-born man is also alleged to be a member of al Qaeda and is one of six detainees at Guantanamo who have been designated for a military trial.

Kenny said the allegations against Hicks are not true.

"My client hasn't been charged with anything yet. He's been held for almost two years, and to date, no charges have been laid against him," Kenny said. "He's been accused of many things by the Australian and American governments, but to date, no specific charges have been laid against him."

Kenny's trip will be the first time a lawyer has be given access to a Camp X-Ray detainee.

"No defense lawyer has been to Guantanamo Bay as of yet," Kenny said. "This will be the first time I've spoken to David Hicks or indeed anyone outside Australian or U.S. military people who have spoken to him."

Hick's father Terry has been campaigning for a fair go for his son.
Hick's father Terry has been campaigning for a fair go for his son.

Kenny characterized the case as one heading towards uncharted political and diplomatic waters.

"I don't think anyone's tried a case like this before, where your client has been detained for two years," he said. 'This would be a unique case in Australian law."

Kenny said he is not aware if any plea bargains or deals that may have been offered to Hicks.

"At this stage we are not negotiating a plea bargain," he said. "As such, there is no specific arrangement being made. I am not aware of any deal being done with David."

Kenny said he will work to arrange telephone privileges between Hicks and his family, who have not spoken in years and have exchanged few letters.

Under a deal struck with the Australian government last month, Hicks will not face the death penalty, if convicted, and will serve any sentence in Australia.

Another Australian detainee and alleged al Qaeda member in Guantanamo is Egyptian-born Mamdouh Habib.

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