Whistleblower who exposed war crime allegations loses bid to reduce prison time
The Australian Capital Territory Court of Appeal rejected the 61-year-old former army lawyer's appeal against the severity of a five-year and eight-month prison sentence imposed a year ago.
Advertisement
Mr McBride said through his lawyers that Australians would be outraged by the Court of Appeal decision.
Mr McBride had argued that he leaked the documents out of a sworn duty to act in the public interest.
'It is my own conscience and the people of Australia that I answer to. I have kept my oath to the Australian people,' Mr McBride said in the lawyers' statement.
Mr McBride's lawyers said they would take their appeal to the High Court (AP/Rod McGuirk)
Mr McBride pleaded guilty last year to three charges, including theft and sharing with journalists documents classified as secret. He faced a potential life sentence.
Advertisement
Rights advocates complain that Mr McBride remains the only person to be imprisoned over allegations of war crimes committed by elite Australian special forces troops in Afghanistan between 2005 and 2016.
A military report released in 2020 recommended 19 current and former soldiers face criminal investigations over 39 unlawful killings in Afghanistan.
Former Special Air Service (SAS) Regiment soldier Oliver Schulz was charged in March 2023 with murdering an unarmed Afghan in 2012. Mr Schulz pleaded not guilty to the war crime and has yet to stand trial.
Former SAS Corporal Ben Roberts-Smith, Australia's most decorated living veteran, lost an appeal two weeks ago against a civil court ruling that he unlawfully killed four unarmed Afghans.
Advertisement
Mr Roberts-Smith said he would appeal his loss in the High Court. He has not been criminally charged.
Mr McBride's lawyers also said they would take their appeal to the High Court.
'We believe that only the High Court can properly grapple with the immense public interest and constitutional issues at the heart of this case,' the lawyers' statement said.
'It cannot be a crime to expose a crime. It cannot be illegal to tell the truth,' the statement added.
Advertisement
The lawyers also called on attorney general Michelle Rowland, who was appointed after the Labor Party government was re-elected on May 3, to recommend Mr McBride be pardoned.
'It is now time for the attorney general to show leadership. To show Australians that this Labor government will no longer jail whistleblowers,' the lawyers said.
Ms Rowland did not immediately respond to a request for comment on Wednesday.
The documents became the source of a series of Australian Broadcasting Corporation reports in 2017 called the Afghan Files.
Advertisement
The reports detailed allegations against Australian soldiers, including the unlawful killing of men and children.
Mr McBride sought to fight the charges, but the court would not allow his defence that he had had a sworn duty as a military officer to act in the public interest.
The Court of Appeal will publish reasons for its decision at a later date.
Mr McBride can be considered for parole after he has served two years and three months, meaning he must remain behind bars until at least August next year.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
24 minutes ago
- The Independent
Killer of British backpacker Peter Falconio in Australia dies
The killer of British backpacker Peter Falconio has died. Bradley John Murdoch, who was convicted in 2005 of murdering Mr Falconio, 28, and assaulting his girlfriend Joanne Lees at gunpoint, died after being moved to palliative care last month. Mr Falconio and Ms Lees, both from Yorkshire, were travelling across the country in a camper van when they were ambushed by Murdoch on the Stuart Highway, an isolated road that runs through the centre of Australia, on July 14 2001. Murdoch was convicted and sentenced to life imprisonment without parole for at least 28 years. Murdoch, 67, was diagnosed with terminal throat cancer in 2019 and was moved to palliative care from Alice Springs Correctional Centre last month, according to local media reports. The Northern Territory Government Department of Corrections said on Tuesday that there had been a death in custody and the coroner would be informed. Mr Falconio and Ms Lees had been driving near the tiny settlement of Barrow Creek, around 188 miles north of Alice Springs, when Murdoch pulled up beside them claiming to have seen sparks coming from their van. He shot Mr Falconio in the head as he inspected the vehicle, before forcing Ms Lees into his vehicle and binding her wrists with cable ties. She managed to escape, hiding in the Outback for hours before flagging down a passing truck. During the trial, prosecutors argued that Murdoch was likely to have disposed of the backpacker's body somewhere in the vast, remote expanse of desert between Alice Springs and Broome, covering more than 1,200 miles. Despite repeated searches, Mr Falconio's body has never been found. Ms Lees, who returned to the UK, told Australian current affairs programme 60 Minutes in 2017 that she still wanted to 'bring him home'. ' Pete lost his life on that night, but I lost mine too,' she said at the time. 'I'll never be fully at peace if Pete's not found, but I accept that that is a possibility.' Murdoch lodged several unsuccessful appeals over the years, with Australia's highest court refusing to hear his case in 2007. Last month police announced a new 500,000 Australian dollar (about £240,000) reward for information leading to the discovery of Mr Falconio's remains.
Daily Mail
26 minutes ago
- Daily Mail
Fendi Store in Sydney targeted in brazen ram raid
A gang of thieves is on the run after a dramatic ram-raid on the Fendi store at the corner of Elizabeth and Market Streets in Sydney 's CBD early this morning. Just before 3.45am, a stolen SUV was driven into the front window of the luxury boutique, shattering glass and triggering alarms. The offenders quickly looted the store, making off with a haul of high-end handbags believed to be worth hundreds of thousands of dollars. The SUV, which had been reported stolen from Waterloo on Tuesday, was abandoned at the scene. Witnesses reported seeing the group flee in two other vehicles - a white BMW wagon (NSW registration NCA59A) and a grey Audi S3 (NSW registration DMR81V) - both of which were stolen during a break-in at a home in Kingsford overnight. Police have established a crime scene and are combing through CCTV footage and forensic evidence. Officers from Sydney City Police Area Command remain at the site, with the store's interior showing extensive damage and empty shelves where luxury goods once sat.
BBC News
33 minutes ago
- BBC News
Man who murdered British backpacker Peter Falconio dies
Bradley Murdoch, the Australian man convicted of murdering British backpacker Peter Falconio in 2001, has 67, was serving a life sentence at a prison in Alice Springs, in Australia's Northern was being treated at hospital in Alice Springs in recent weeks for terminal Northern Territory Department of Corrections told the BBC there had been a death of a man in custody. This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest can receive Breaking News on a smartphone or tablet via the BBC News App. You can also follow @BBCBreaking on X to get the latest alerts.
