A United States Defence Department investigation that found David Hicks suffered no abuse while in US custody was the "biggest cover-up of all time", his US military lawyer says.

Major Michael Mori (AP Photo)

Major Michael Mori, who has represented Mr Hicks since 2003, said last year's Navy Criminal Investigative Service investigation was a whitewash, and that his own "minimal investigations" had confirmed his client had been physically abused.

Major Mori told the Herald that it was likely that Mr Hicks had been stomped on during his detention. He had also been able to verify that Mr Hicks, 31, had had his head "rammed in" when detained by US forces in Afghanistan, rendering him unconscious.

Major Mori said four other Guantanamo detainees had corroborated another claim by Mr Hicks that he and other detainees were subjected to random beatings by their guards.

He said the US Navy investigation did not accept the testimony because the detainees were hooded and could not visually confirm the allegations.

The Prime Minister, John Howard, and other senior ministers have relied on the US Navy investigation to reject allegations of abuse against Mr Hicks and a former Australian detainee at Guantanamo, Mamdouh Habib.

A cable sent from Australia's Washington embassy to Mr Howard's office in July last year outlines the findings of the US Navy investigation. The cable, obtained under the Freedom of Information Act, said "an extraordinary effort" was made by the US Navy to the investigate allegations of abuse.

It concluded: "The Australian Government's regular visits to Mr Hicks … have enabled us to assess first hand [the US] Department of Defence's treatment of Australian detainees at Guantanamo Bay.

"The Department of Defence treats all detainees humanely. They are provided food, religious materials, shelter, medical care, mail service, reading materials and clothing."

Despite the Government's acceptance of US Navy investigation, allegations of abuse against Mr Hicks and other detainees continue to be made.

Last weekend fresh claims of abuse emerged, with an affidavit from a US marine who said guards bragged about routinely beating inmates.

The marine told of one guard who bragged about slamming the head of a detainee into a cell door. His statement said other guards spoke of hitting detainees and denying them water.

Copyright © 2006. The Sydney Morning Herald

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