‘No regrets’: Army whistleblower faces jail

A former military lawyer who helped expose alleged war crimes by Australian soldiers in Afghanistan says he has no regrets for what he has done and was ready to accept his fate as his nearly five year legal battle draws to a close.

David McBride entered the ACT Supreme Court on Monday morning flanked by his close family and supporters.

McBride, who will be sentenced over the next two days, said he wanted to be remembered as an someone who “stood up” for Australian values and was proud of his decision to expose alleged wrongdoing.

“It’s been a very, very hard struggle,” he told NCA NewsWire ahead of his hearing.

“I have no regrets. But I hope it’s the beginning of change in this country.”

‘No regrets’: Army whistleblower faces jail

McBride has pleaded guilty to two counts of disclosing military information and one count of stealing from the government at trial in November.

He leaked the classified documents on which the series of reports published by the ABC in 2017 titled the Afghan Files were based. The landmark Brereton inquiry later found evidence that Australian forces had unlawfully killed 39 Afghans during the war.

Before the hearing, a crowd of about 50 people, including former ACT Attorney-General Bernard Collaery and former independent senator Rex Patrick, joined rallygoers outside the court.

Mr Collaery described Australia’s whistleblower protection laws as “broken” and urged the current Attorney-General Mark Dreyfus to use his powers to intervene.

“Now, whatever happens today I can’t comment on or predict – but I have a grim foreboding,” he said.

“He [McBride] is an Australian needing a dose of justice. Will he get it? Let’s see. And if it dosen’t go well we’ll continue to assist him.”

McBride 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.

He 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.

“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,” McBride said in a statement ahead of the hearing.”