The former Australian Defense Force lawyer who exposed alleged war crimes in Afghanistan will stand trial in front of a jury after his prosecution defense was thrown out.
David McBride’s criminal trial will continue next year after his lawyers withdrew their request for protection under the federal whistleblower law.
What was supposed to be a four-day defense hearing ended in 15 minutes after Commonwealth lawyers made a public interest immunity claim in the ACT Supreme Court on Thursday.
The claim would have prevented Mr McBride from using the evidence of two witnesses he relied on to defend his case under the Public Interest Disclosure Act (PID).
Speaking outside court, McBride said he was disappointed by the outcome and that the PID Act was flawed.
“But I always wanted a trial. I think the issues will only be properly aired in a jury trial,” he told NCA NewsWire.
“I was never very comfortable with the case being resolved under the Act. I would prefer a jury of Australian people to consider my conduct and make a decision about it.”
McBride has been charged with five offenses for allegedly sharing information with journalists that blew the lid on alleged war crimes committed by Australians deployed in Afghanistan. He has pleaded not guilty.
His alleged offenses include unauthorized disclosure of information, theft of Commonwealth property and three counts of breaching the Defense Act.
Mr. McBride argues that he first tried to blow the whistle internally, then to oversight agencies and finally to the ABC, which led to the broadcaster’s “Afghan Files” stories.
His lawyer Mark Davis told reporters outside court that it would have been too difficult to continue the defense of the complaint without the two witnesses.
“What do we have? The evidence is being taken away from us,” he said.
“In a criminal proceeding, we think we’re much more open and it’s a jury of your peers and the Australian public that might have a broader understanding of what’s happened here.”
Earlier, McBride said “this is the best morning of my life.”
He was greeted with applause and cheers from supporters when he arrived at the ACT Supreme Court on Thursday.
“I’ve never been more proud to be Australian at this moment,” he said.
“Obviously we don’t have particularly good people in high places, but the average Australian is pretty amazing.”
About 30 people, including Independent MP Monique Ryan and GetUp campaigners, gathered outside the court in support of Mr. McBride.
Together they asked Attorney General Mark Dreyfus to order the Commonwealth Director of Public Prosecutions to withdraw Mr. McBride.
“Then we have to get on with the work of protecting and empowering whistleblowers,” Kieran Pender, senior counsel for the McBride Center for Human Rights, said outside court.
“We need a reform of the Law (of disclosure of public interest)”.
Pender urged Mr Dreyfus to use the same powers he used to intervene in the case of whistleblower lawyer Bernard Collaery earlier this year.
In July, Mr. Dreyfus exercised his power under section 71 of the Judiciary Act to remove Mr. Necklace.
Collaery, a former ACT attorney-general, had faced possible jail time after being accused of helping his client, Witness K, leak classified information about Australia’s alleged spying operation in Timor Eastern in 2004.
Mr. Collaery spoke outside the ACT Supreme Court in support of Mr. McBride Thursday morning.