McBride trial continues
David McBride, a former military lawyer, will finally stand trial after waiting for almost five years to face charges of allegedly leaking damning defence information.
McBride is accused of leaking classified defence information to senior journalists at the ABC and the then Fairfax Media newspapers, which later formed the basis of “The Afghan Files,” an ABC expose that revealed allegations of misconduct by Australian special forces in Afghanistan, including possible unlawful killings.
McBride was formally charged in March 2019, and the trial is scheduled to begin on November 6th of this year, following a wait of four years and eight months.
The trial is expected to last three weeks before Justice David Mossop, who has experience in dealing with sensitive national security material through his involvement in the Bernard Collaery proceedings.
During a recent hearing, Chief Justice Lucy McCallum ordered that a trial date must be found and that the trial must take place this year.
McBride has pleaded not guilty to five charges, including the unauthorised disclosure of information, theft of Commonwealth property, and breaching the Defence Act.
Commonwealth prosecutors plan to call 22 witnesses, but the trial date may cause them some difficulties, including with the availability of their counsel and witnesses.
Attorney-General Mark Dreyfus has publicly admitted that Australia's whistleblowing laws are no longer fit for purpose, but so far seems unwilling to intervene in the McBride case.
The proceedings have been ongoing since McBride's arrest at Sydney airport in September 2018, and the case has been complicated slightly by applications for suppressions and a mooted bid to have McBride protected as a whistleblower, which was ultimately abandoned.
McBride's situation has garnered the attention of Human Rights Law Centre senior lawyer Kieran Pender, who has urged the commonwealth to intervene and end the prosecution.
Pender believes that this case should never have commenced and that instead of prosecuting whistleblowers, the Australian government should focus on fixing whistleblowing laws and ensuring accountability for Australia's wrongdoing in Afghanistan.