He served his country. He did his job. Now he faces life in jail. My friend David McBride…

My friend David McBride is trapped in a bizarre and cruel Kafkaesque military-governmental legal tragedy that is to be played out in court this year with the potential fur devastating charges and ramifications for David and the world.

DavidMcBride.com.au
Between 2014 and 2016, former Australian Defence Force lawyer, David McBride leaked material alleging war crimes by members of the Australia’s Special Operations Task Group in Afghanistan to two journalists at the Australian Broadcasting Corporation (ABC), Dan Oakes and Sam Clark. McBride’s lawyer maintains he did this after reporting his concerns through the chain of command. In 2017, Oakes and Clark reported in the Afghan Files multiple incidents of special forces troops killing unarmed civilians including children and raised wider concerns around the “warrior culture” of Australia’s special forces.

David McBride was charged with multiple counts of unlawfully communicating military information contrary to s73A(1) of the Defence Act 1903, theft of Commonwealth property and unlawfully disclosing a Commonwealth document contrary to s70(1) of the Crimes Act 1914.

In May 2019, McBride pleaded not guilty to each charge on the grounds that his disclosures were in the public interest. He is presently awaiting trial.

In November 2020, the Australian Chief of Defence Force released the findings of the Inspector General of the Australian Defence Force Afghanistan Inquiry Report by Major General Paul Brereton, a judge of the Supreme Court of New South Wales (the Brereton Report). The Brereton Report found evidence for 23 incidents committed by 19 individuals resulting in the deaths of 39 civilians and the cruel treatment of 2 others.

The Australian Government has since established a new Office of the Special Investigator to investigate criminal charges arising from the Brereton Report and an Oversight Panel to investigate broader cultural and organisational issues.

Discontinuing prosecution of McBride, while expediting the continuing efforts to investigate prosecution of potential perpetrators of war crimes, would send a signal to the world that Australia takes these allegations seriously, respects the laws of war and is committed to making reform to prevent future misconduct.

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