Australian whistleblower David McBride loses appeal over Afghan war crimes leak

Published connected 28/05/2025 - 14:40 GMT+2•Updated 14:42

David McBride, a erstwhile Australian service serviceman who leaked classified documents revealing alleged warfare crimes successful Afghanistan, has mislaid his entreaty to trim his sentence.

Three judges of nan Australian Capital Territory (ACT) Court of Appeal connected Wednesday unanimously voted to uphold nan 61-year-old's jailhouse word of 5 years and 8 months.

McBride was sentenced successful May 2024 for stealing and distributing classified accusation connected Australian warfare crimes successful Afghanistan to 3 journalists betwixt 2014 and 2018.

The entreaty tribunal judges noted successful their summary that McBride began taking location copies of hundreds of concealed documents aft becoming “dissatisfied pinch what he perceived to beryllium vexatious over-investigation of alleged warfare crimes by Australian soldiers”.

Against his wishes, nan accusation McBride shared became nan premise for a 2017 investigative documentary series, The Afghan Files, by ABC News, which elaborate alleged atrocities committed by Australian troops during their deployment successful Afghanistan.

The justices connected Wednesday besides rejected McBride's statement that, arsenic a subject officer, he had sworn an oath to enactment successful nan interests of nan public.

“To nan contrary, nan oath obliged nan appellant (McBride) to discharge his duties ‘according to nan law,’” nan judges said successful a written summary of their ruling.

McBride has consistently based on he acted retired of work to merchandise nan information. Through his lawyers, he said he thought Australians would beryllium outraged by nan Court of Appeal decision.

“It is my ain conscience and nan group of Australia that I reply to. I person kept my oath to nan Australian people,” McBride said successful a connection via his lawyers.

Intention to appeal

His ineligible squad said they would entreaty to nan country's High Court complete nan ruling, owed to nan ramifications of nan lawsuit for whistleblowers successful Australia.

"We judge that only nan High Court tin decently grapple pinch nan immense nationalist liking and law issues astatine nan bosom of this case," his lawyers based on successful a statement.

They besides called for nan country's Attorney-General, Michelle Rowland, to pardon McBride. Rowland, who was appointed to her domiciled aft nan Labor Party was re-elected successful early May, declined to remark connected nan case.

The authorities was considering offering further support for nationalist assemblage whistleblowers, her agency said.

The Human Rights Law Centre told ABC News it was amazed nan tribunal hadn't reduced nan magnitude of McBride's sentence. "I deliberation that only underscores nan ongoing travesty that is his prosecution," HRLC Associate Legal Director Kieran Pender said.

"David McBride's lawsuit and different whistleblower prosecutions successful caller years person demonstrated nan nonaccomplishment of our laws," he added.

McBride tin beryllium considered for parole aft he has served 2 years and 3 months, meaning he must stay down bars until astatine slightest August adjacent year.