D-Day for Army whistleblower
A former military lawyer who helped expose alleged war crimes by Australian soldiers in Afghanistan will learn his fate at a sentencing hearing.
David McBride will enter the ACT Supreme Court on Monday morning surrounded by supporters who will gather to rally for the whistleblower.
He pleaded guilty to two counts of disclosing military information and one count of stealing from the government at trial in November.
McBride leaked the classified documents on which the series of reports published by the ABC in 2017 titled the Afghan Files were based.
D-Day for Army whistleblower
The landmark Brereton inquiry later found evidence that Australian forces had unlawfully killed 39 Afghans during the war.
More than six years later, McBride is preparing for prison.
“When I’m locked up sitting in a cold six-by-four-metre prison cell in Canberra, I will get strength from those who have supported my long fight to ensure the ADF protects Australia and not simply politicians,” he said in a statement ahead of the hearing.
He had pleaded not guilty but changed his plea after the court ruled he had no legal duty to defy orders that were against the public interest.
McBride had planned to rely on the oath of service he swore to the Queen when he joined the military for his defence.
But Justice David Mossop found McBride had no legal right or obligation to breach orders, and his actions were not justified by public interest.
McBride was due to be sentenced in March but it was postponed after his lawyers requested more time to consider new evidence.
Human Rights Law Centre’s Kieran Pender, former senator and founder of the Whistleblower Justice Fund Rex Patrick and Greens senator David Shoebridge are expected to address the rally.
They will be joined by Clubs NSW whistleblower Troy Stolz and CBA whistleblower Jeff Morris.