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held at the detention centre.

Guantanamo lawyer to defend Nauru 10

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Mr Mori, who represented the former Guantanamo Bay inmate for 3 years, gave up his military career and last year moved to Melbourne to become a civilian lawyer.

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Led by instructing solicitor George Newhouse and Julian Burnside QC, the team, formed by Sydney barrister Jay Williams, has drawn on the advice of Geoffrey Robertson and legal academic Ben Saul, among others.

"They're almost incommunicado," Mr Mori said. "They've charged 10 people, but there's not 10 lawyers on Nauru. There's no defence lawyers to handle the cases, so how are people supposed to get access to lawyers to advise them?"

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Both are often maligned in public opinion, he says, but asylum seekers like Hicks have struggled to get proper legal representation. And that's where he comes along.

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Still completing his Australian legal qualifications and working as a consultant with Shine Lawyers, Mr Mori is part of a legal dream team formed to challenge the legality of the Nauru detention centre.

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to push the politics aside and remember, if someone's detained they need access to the law."

On Wednesday, Mr Williams filed a habeas corpus application in Nauru's Supreme Court, and won the fight to have the riot and wilful damage charges adjourned until the question of habeas corpus is resolved.

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In Nauru on Wednesday, Resident Magistrate Peter Law sought assurances from the Department of Immigration and Citizenship that the men would have access to ongoing legal representation.

The team is acting on behalf of 10 men the "Nauru 10" who face riot and wilful damage charges under Nauru law over an alleged riot at Nauru's processing centre in September. They will plead not guilty.

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He later interviewed the men inside the camp, but the team says the incident demonstrates the difficulties involved in representing asylum seekers on Nauru both for the 10 charged with offences, and the others needing advice on their applications to become recognised as refugees.

EXCLUSIVE There's a certain similarity between the fate of asylum seekers detained on Nauru and Manus Island and terror accused David Hicks, retired Marine Corps lawyer Michael [Dan] Mori acknowledges.

After complaining to the Resident Magistrate of the District Court of Nauru, Nauru's Secretary for Justice and the Solicitor General, Mr William was given a room at a local hotel to interview the Nauru 10.

When he arrived in Nauru on Monday, Mr Williams was told he did not have permission to visit the camp this week.

The asylum seekers are detained under Nauru law. Under Nauru's Constitution, people who are detained are entitled to consult their lawyer wherever they are being held.

"Whether or not you agree with the process, the political situation, of the processing over in Nauru, you have to agree that people being detained should have access to legal help," Mr Mori told Fairfax.

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principle of habeas corpus which translates to "thou shalt have the body" is used to challenge the lawfulness of detention. The case will force Nauru's Secretary of Justice to prove that the Nauru 10's detention at the processing centre is legal under Nauruan laws.

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