An Australian survivor of the 2002 Bali bombings says he is surprised the alleged mastermind behind the blasts, Hambali, still hasn't faced trial, and has accused the Australian Government of not pursuing the prosecution more vigorously.
"I don't know why Australia or Indonesia have sort of wiped their hands of it," Phil Britten told 7.30.
"They've sort of left it for them [the United States] to deal with.
"I feel that we have a right — the survivors, the victims — to step up and reclaim some sort of control of the situation and put the flag in the sand and say, 'Hey, we're not going to stand for this'.
"So I'm a little surprised that they haven't done that and sort of left the American system to deal with that."
The Indonesian-born 53-year-old Hambali was taken to the US detention centre at Guantanamo Bay in 2006 and has since been held at the secretive Camp 7 for so-called "high-value" detainees.
Hambali could be tried in Australia or Indonesia
Defence lawyers for Riduan Isomuddin, known as Hambali, said their client was not getting justice through the war court at Guantanamo Bay, and would be open to him being tried in another jurisdiction — possibly Australia or Indonesia.
Hambali had been held without charge by the US since his capture in Thailand in 2003.
The war court prosecutor at Guantanamo drew up charges against him in June last year, but they went nowhere.
"When we first heard that charges had been sworn out against him last summer, [it] was for him sort of a hopeful sign that finally, something might happen," Lieutenant Commander Greg Young, one of several lawyers representing Hambali, told 7.30 in an exclusive interview.
A second set of charges were drawn up in December and sent to a Pentagon official to approve for trial.
That official returned them to the prosecutor, and was last week abruptly fired.
"I think it's fair to say that the continued delay, where we have charges but nothing seems to be happening with him, is difficult for him," Lieutenant Commander Greg Young said.
The Department of Defence said the charge sheet was returned because of a "procedural" matter, but would not elaborate.
Throughout the process, Hambali has remained detained with limited access to the outside world.
His lawyers described him as a voracious reader and consumer of news. They said he was "thoughtful" and "remarkably intelligent".
The charge sheet says he is responsible for the worst terrorist attack on Australians.
Hambali stands accused of numerous crimes, including terrorism. The charge sheet details how Hambali allegedly orchestrated the simultaneous bombings on October 12, 2002, that killed 202 people, including 88 Australians.
It claims Hambali planned to watch the carnage on cable TV from a hotel room in Cambodia, and told a co-conspirator he was "surprised" by the outcome and "did not expect so many people to die".
Unlike the first charge sheet, the second includes charges against two alleged deputies — Malaysian men Mohammed Nazir Bin Lep, known as Lillie, and Mohammed Farik Bin Amin, known as Zubair, who are also held at Guantanamo.
"I think one possibility is that they could be trying to pressure the deputies into turning on the alleged mastermind," said Carol Rosenberg, a Miami Herald journalist who has been covering Guantanamo since it opened in 2002.
"I think they could also be doing political expediency, I think they could also be doing judicial expediency — why do three trials if they can do it at one time?"
Phil Britten was in a Bali nightclub on an end-of-season football trip on the night of the bombings.
He sustained severe burns to 60 per cent of his body and had his teeth blown out by the blast.
He also lost seven of his friends.
"When I came back and you see … I'm alive and you see your buddies and your friends and how painful it is for their parents, their dads, their mums, brothers, sisters — it tears you apart," he said.
"And you think, 'I'll trade places'. You have those thoughts."
After battling the pain and turning for a time to drugs and alcohol, Mr Britten has spent the past 15 years putting his life back together.
He was surprised to learn Hambali was still alive and said he struggled to understand why it had taken so long to charge him.
"I'm a little bit dumbfounded to be honest, how someone could have such a major part in taking so many lives, that he's still alive," he said.
"He may not have had his hand on the gun or been the person who made the phone call but without him … he's like the head of the snake."
Mr Britten has an emotional plea to those who are in charge of the prosecution.
"I can't change what happened to me, but I can hopefully help other people," he said.
"Because I know the effect it has not just on people like me who survived, but the people who paid that ultimate price and the families that have to live with it.
"So I hope, hand on heart, that whoever has to deal with this case can put that into consideration and make the right choice."
No justice for any parties
Justice comes slowly, if at all, at Guantanamo.
The alleged 9/11 plotters have been in pre-trial hearings since 2012.
Hambali's lawyers said even if the charge sheet did result in a trial, there were a number of reasons he might not get a fair hearing through the military commission.
"Seven out of the eight men captured in Indonesia who were charged with physically carrying out the bombings have died or been executed," Lieutenant Commander Young said.
"Those are potential witnesses who could provide lots of information and we'll never know what they'll say now in court."
Fellow defence lawyer Major Scott Medlyn said: "It's also difficult for the prosecutors.
"Evidence goes stale, witnesses, memories fade, so this indefinite detention and waiting for 15 years again does justice to none of the parties involved in this process."
The former chief prosecutor at Guantanamo, Colonel Morris Davis, said processing cases against other detainees, like the 9/11 plotters, were prioritised over detainees like Hambali.
"It was getting attention but it wasn't getting the bulk of the attention," he told 7.30.
Seven Americans died in the Bali bombings compared to the thousands who died in the 9/11 attacks.
Colonel Morris, who was stationed on the island when Hambali was taken there in 2006, said there were discussions back then about transferring Hambali to Australia or Indonesia.
"I think the US Government would probably be happy to have that case off their hands," he said.
Lieutenant Commander Young said Hambali would be open to being tried in another jurisdiction.
"I think if it was a fair trial, if he were guaranteed the fundamental rights that we hold essential for a fair process, he would welcome that," he said.