David McBride in the Supreme Court of the Australian Capital Territory where he was sentenced. Photo: Mick Tsikas/AAP
A former Australian military lawyer known as an accidental whistleblower for inadvertently leaking classified documents about alleged war crimes in Afghanistan has been jailed.
David McBride, a former British Army soldier, was sentenced in Canberra to a maximum term of five years and eight months after pleading guilty to stealing and distributing more than 200 secret files.
Australian Capital Territory Supreme Court Justice David Mossop said McBride's disclosure of confidential documents forced Australia to warn allies about the leak and that it could be “harmful” to national interests by making security partners wary of sharing information.
“It is important to contain others,” he said, adding that criminals who could jeopardize national security should know that “they will face serious punishment.”
McBride, whose father Dr. William McBride raised the alarm about the drug thalidomide in Sydney in the 1960s, has been hailed as a hero by supporters and some of Australia's most prominent human rights lawyers have called for the charges against him to be dropped.
Unlawful killingsBut he was initially reluctant to go public with allegations that special forces were involved in unlawful killings.
After serving as a soldier in Britain and appearing on the British TV show Tracker in the 1990s, McBride returned to Sydney and became a lawyer in the Australian Army. He served two tours in Afghanistan before working at Special Operations Headquarters in Canberra.
It was there – before he was discharged due to post-traumatic stress disorder – that McBride began compiling files that he believed showed that lower-ranking soldiers were being unfairly targeted in “overzealous” investigations by senior leaders to ” PR” to show the public that they are taking steps to prevent inappropriate behavior.
He met with journalists from the Australian Broadcasting Corporation, who realized that this information could be used as evidence of possible wrongdoing by the special forces. In 2017, ABC published The Afghan Files, an investigation into alleged war crimes and growing concerns about a “warrior culture” in which officers allegedly turned a blind eye to misconduct.
Police subsequently searched the house McBride, as well as at ABC headquarters. He was in hiding in Spain but was arrested in 2018 after returning to his daughters.
Australian and Afghan National Army search for the village of Musazai in Uruzgan Province, Afghanistan Photo: Angela Wiley/Getty Images
Following the Afghan affairs, whistleblowers and alleged victims came forward with further allegations, which then prompted the government to commission an independent investigation. The landmark Brereton inquiry uncovered dozens of cases of war crimes, including evidence that 39 Afghans were killed between 2005 and 2016.
On Tuesday, the judge said he believed McBride was of “good character” but that 60 Afghans were killed between 2005 and 2016. The two-year-old boy appeared to “become obsessed with the correctness of his opinion” and knew he was breaking the law.
But Judge Mossop also accepted his mental health may have had a minor contribution to the offending.
McBride hugged his ex-wife before being escorted into custody as supporters cried and shouted: “Shame on the court.”
Outside the courtroom, his lawyer Mark Davis said he was appealing on the grounds that disclosing the documents to the public was McBride's national responsibility.
“We believe it is a matter of national importance, even international importance, that a Western nation should have such a narrow definition of duty,” Mr. Davis said. “We believe David McBride has done his duty.”
The verdict comes as Anthony Albanese's government consults on ways to strengthen whistleblower protection.
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