Aussie war crimes whistleblower carries out dramatic move over secret documents

17 November 2023 , 14:59

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Whistleblower David McBride leaves the ACT Supreme Court (Image: Alamy Live News.)

An Aussie whistleblower who dramatically exposed allegations of Australian war crimes in Afghanistan has pleaded guilty to leaking classified information.

David McBride was due to face trial next week but changed his plea after his defence was thwarted. He pleaded guilty today to three charges of stealing and unlawfully sharing secret military information. The ex-military lawyer said he felt a moral duty to speak up after his internal complaints were ignored. His inklings of wrongdoing were then confirmed when a landmark inquiry found evidence that Australian forces had unlawfully killed 39 Afghans during the war.

McBride admits he gave troves of documents to the Australian Broadcasting Corporation (ABC) that underpinned a series of reports in 2017 called The Afghan Files. They exposed operations of Australia's elite special forces in Afghanistan and contained allegations of war crimes. McBride thought his disclosure would be protected by whistleblower safeguards in Australia, but his legal team said they were forced to withdraw that defence after much of their arguments were ruled to endanger national security.

McBride had planned to defend himself against the charges by relying on the oath of service he swore to the Queen when he joined the military. His lawyer, Stephen Odgers, argued that this oath gave McBride a duty to reveal information if it advanced the interests of the Australian public. But Justice David Mossop found McBride had no legal right or obligation to breach orders and his actions were not justified by public interest.

Advocates say his case shows that Australia's whistleblower protections were not strong enough. Rex Patrick, a former Senator and founder of the Whistleblower Justice Fund said: "This is a dark day for democracy in Australia." Kieran Pender, from the Human Rights Law Centre, called for McBride to be pardoned and said "there is no public interest" in prosecuting whistleblowers and "certainly no public interest in sending them to jail."

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Outside court, McBride said: "I’ll say one thing, and that is, I stand tall, and I believe I did my duty ... and I see this as the beginning of a better Australia." His wife, Sarah, stood alongside him, saying it had been a tough battle for the family, especially their two daughters. She said: I’m not giving up hope. He’s done the right thing – I’ve said that from the beginning. Truth and justice will prevail and I’m incredibly proud of him, as are his two girls. Please don’t give up on him now."

McBride will be sentenced early next year.

Rachel Hagan