As whistleblower David McBride pleads guilty, pressure is building ...
The headlines are stark: whistleblower guilty, perpetrators free.
The decision by whistleblower David McBride to plead guilty to leaking classified information to the media is a chilling reminder of the flaws in Australia's whistleblower protections.
McBride was a lawyer in the army who leaked classified information to the ABC that revealed war crimes by special forces in Afghanistan. It became known as the Afghan Files.
The allegations were backed up by the Brereton Inquiry, which found evidence of war crimes committed by Australian SAS personnel during their service.
On Friday, McBride made the guilty plea because the law as it stands left him with no other choice.
Much of his evidence was suppressed on national security grounds and when the court upheld the Commonwealth's claim that certain documents, if released, could threaten Australia's security, it was game over.
David McBride outside the ACT Supreme Court flanked by some supporters on Friday.( ABC News: Matt Roberts )
'Dangerous impact'From the outside it smacks of being Kafkaesque and has triggered an uproar on social media.
Former senator Rex Patrick and founder of the Whistleblower Justice Fund said "in one single moment whistleblowing in Australia has been shut down".
Kieran Pender, senior lawyer at the Human Rights Law Centre, said if McBride is sentenced to a term of imprisonment, the attorney-general should pardon him "to recognise the dangerous impact this case is having on Australian democracy".
He is yet to be sentenced but the judge has said an intensive correction order may be possible, which would mean he may not have to go to jail.
Whatever the case it has put whistleblowing front and centre and made it political.
Recent polls show 74 per cent of voters support the government intervening to protect whistleblowers facing prosecution.
Indeed, on Thursday, the Attorney-General Mark Dreyfus released a consultation paper designed to strengthen whistleblower protections.
Pressure is mountingIt is baby steps. Under Section 71B of the Judiciary Act, the attorney-general has the power to stop prosecutions that are not in the public interest. He has refused to intervene in this case.
But the pressure is mounting. A week ago a group of high-profile whistleblowers, spearheaded by CBA whistleblower Jeff Morris, wrote an open letter to the government supporting McBride. The message was don't be a whistleblower under the Albanese government.
The letter said since coming to power in May last year, the government had not progressed any meaningful protection, and instead, exposed whistleblowers to legal fees in the millions of dollars.
McBride is appealing the ruling that there are no exceptions to releasing classified information to the media.
If he wins in the High Court it will be a huge victory for whistleblowing. If he doesn't, it will be a dark day for democracy.
Posted 2 hours agoFri 17 Nov 2023 at 7:22pm