Whistleblower who exposed war crime allegations loses bid to reduce prison time
Australian army whistleblower David McBride, who leaked allegations of Australian war crimes in Afghanistan to the media, lost a court bid to have his prison sentence reduced on Wednesday.
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.
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.
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.
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.
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.
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 Irish Sun
2 hours ago
- The Irish Sun
Two evil knife thugs who carried out unprovoked horror attacks on four strangers in Glasgow jailed for 14 years
A PAIR of knife thugs guilty of "gratuitous violence" on four strangers in less than two hours have been jailed for a total of 14 and a half years. Declan Fulton, 27, and Brandon Paterson, 22, struck late at night in Glasgow city centre last July. Advertisement 2 Brandon Paterson was subject to five different bail orders at the time of the crimes Credit: Spindrift 2 The pair were sentenced at the High Court in Glasgow Credit: Getty One man was left with a horror facial wound for not having cigarettes to give them. Paterson was subject to five different bail orders at the time of the crimes. The pair were today sentenced at the High Court in Glasgow, having earlier admitted their guilt. Fulton was jailed for eight years, with Paterson locked up for six and a half years. Advertisement The duo will also be supervised on their eventual release. Fulton already had previous for violence, weapons, disorder, theft and breaching court orders. Paterson was also a known offender. He flouted five separate bail orders - one for a drugs charge imposed just a week before these crimes. Explaining these attacks, prosecutor Neil McCulloch told the court: "This case relates to four incidents which took place in Glasgow city centre between 11.20pm on July 8 2024 and 1.30am on July 9. Advertisement Most read in The Scottish Sun "This was the assault of several people - who are not known to Fulton and Paterson - at various locations." Gregor McHarg was first targeted while out walking his dog in Sauchiehall Street. Tourist caught filming small child in Scots park tells court he meant 'no harm' One threatened: "I will slit your dog's throat." Mr McHarg initially questioned them before both claimed they were armed with blades. Advertisement The thugs stated: "Do you know who we are?" Fulton initially slashed at Mr McHarg and tried to stab him. The man branded them "cowards". Mr McHarg - bleeding from a wound to his elbow - then tailed the pair after they casually walked off. He approached them in nearby Bath Street where Fulton knifed him in the chest and Paterson hurled a traffic cone at him. Advertisement Mr McHarg ended up needing hospital treatment, including for a punctured lung. You are both violent thugs, and I will protect the public from you Lord Mulholland Mr McCulloch said there was a "potential" threat to his life. He is also permanently scarred. The next victim was then set upon in a "seemingly unprovoked" attack in Buchanan Street about an hour later. Robert Anderson was punched by Fulton before Paterson joined in. Advertisement After an attempt was made to smack him with a glass bottle, Fulton then slashed the man twice with a black-handled blade across the face. Mr Anderson ended up needing a total of 19 stitches for two wounds. Around 1.20am, Sergi Avila was walking with a friend in Dundas Street when the assailants asked for cigarettes. They did not have any to give. Mr McCulloch: "As a result, one of the pair began challenging Sergi Avila to fight before he approached from behind and slashed him to the right side of his face." Advertisement One of the victims called you cowards, which is a good description of what you did... you will pay a heavy price Lord Mulholland This caused a nasty, disfiguring wound from this victim's mouth across his cheek to his ear. Fulton and Paterson fled the scene. After getting help from a nearby motorist, Mr Alva was taken to hospital for his injuries. The court heard, like the other men, he is also scarred for life. The final victim was Just Eat delivery driver Saoud Abdullah, minutes later. Advertisement He was struck in Sauchiehall Street, having initially given an associate of the pair some water. Fulton went on to yank open the man's Just Eat bag and demanded his phone. Mr McCulloch: "Fulton slashed him on the left hand, causing it to bleed heavily." You pleaded guilty to a series of appalling assaults using weapons on innocent members of the public Lord Mulholland Mr Abdullah also ended up in hospital, having gone to a nearby hotel for help. Advertisement During a probe to catch the attackers, Fulton was arrested later that day. It was almost a fortnight before Paterson was traced in Glasgow city centre. The pair admitted in court to being involved in three of the aggravated assaults, with Fulton alone pleading guilty to attacking Mr Abdullah. Sentencing, Lord Mulholland ordered one of the thugs to "be respectful" by taking his hands out of his pockets and standing up straight in the dock. Advertisement The judge went on: "You pleaded guilty to a series of appalling assaults using weapons on innocent members of the public going about their business. "One of the victims called you cowards, which is a good description of what you did. Read more on the Irish Sun "This was gratuitous violence, and you will pay a heavy price. "You are both violent thugs, and I will protect the public from you." Advertisement
The Irish Sun
4 hours ago
- The Irish Sun
Wayne Rooney slapped with two successive tickets after not returning to car parked outside swanky hotel for TWO days
WAYNE Rooney is hit with two successive penalties — after parking wardens slapped his motor with a brace of tickets. The Man United and England legend, 39, parked outside a posh hotel with wife 5 Wayne Rooney has been hit with two successive penalties Credit: Zenpix 5 The Man Utd hero parked outside a posh hotel with wife Coleen but did not return to the car for two days Credit: Zenpix An onlooking builder in Wilmslow, Cheshire, said: 'He can afford it. "But I can't believe he's left the car there.' Wayne and his kids looked terrified on a day out at Alton Towers – but wife Coleen was SMILING on the rollercoasters. READ MORE ON WAYNE ROONEY The Rooney clan enjoyed a fun trip to the Staffordshire theme park as they took advantage of the half term break. Footy legend Wazza had a go on several thrilling rides. But despite his reputation as a football hardman, Rooney could only grimace as he whizzed round the tracks at lightning speed. Most read in Football However, Coleen appeared right at home. The 39-year-old is still basking in the glory of her second-place finish in last year's edition of 'I'm a Celeb'. Gary Lineker destroys Wayne Rooney's managerial career live on BBC leaving pundits speechless Coleen was forced to battle the likes of snakes, spiders and other gruesome creatures while in the Australian jungle. So riding a few simple rollercoasters will have been a walk in the park. 5 'He can afford it. But I can't believe he's left the car there', said on onlooker Credit: Zenpix 5 The Rooney's at Alton Towers Credit: INSTAGRAM @coleen_rooney 5 Wayne looks less than pleased to be on one of the rides - but Coleen looks like shes having the time of her life Credit: INSTAGRAM @coleen_rooney
Irish Examiner
5 hours ago
- Irish Examiner
'Like the golden ticket': Cork woman 'relieved' cervical cancer case is over after HSE apology
Cork native Leona Macken and her husband Alan held hands as the apology from HSE's National Screening Service chief executive Fiona Murphy was read to them. Inside Court 1 of Dublin's Four Courts, family and friends, some of whom had travelled from Leona's community in Fairhill in Cork City, could be heard sobbing. Dressed in a white blouse and beige fitted hat, the 38-year-old mother of two, who has stage 4 cancer after she was misdiagnosed during a cervical screening exam in 2016 and 2020, listened intently. Because of the urgency of her diagnosis, Ms Macken's case before the High Court was fast-tracked through the courts system. At one point the pain of hearing the words of the apology 'for the failings that have occurred and led to your diagnosis', became too much for Alan Macken, who tried to force back the tears by pressing his eyes firmly with his hands. Cork native Leona Macken (centre) and her husband Alan (right) held hands as the apology from HSE's National Screening Service chief executive Fiona Murphy was read to them. Picture: Collins Courts His wife, who is currently undergoing chemotherapy and immunotherapy, leaned over and kissed him saying 'it's okay' as he looked to her for strength in that moment. They hugged each other before thanking their legal team and leaving the Four Courts. 'I do feel relieved its over and that the HSE has apologised,' Ms Macken told the Irish Examiner. 'It means so much to have it, it's important. I had two misdiagnosed smears, one in 2016 and one in 2020. That's two years on from Vicky Phelan. 'I had to drag everyone through this and had to do it all myself. If I never looked into it, would I have ever known?' Ms Macken was suffering unexplained abdominal pain and bleeding and sought medical help. 'I had everything done, but all tests came back okay," she explained. "I had another smear in 2023 and I had cancer - it was stage 1 b2. Then I had a hysterectomy and was diagnosed with stage 3 cancer, now I am stage 4. 'I was always conscious of my health, I paid for my first smear at 21. It was the whole (the late British reality television personality) Jade Goody story that made me get it done privately. I had a smear again in 2013, that was fine. Now I am undergoing chemotherapy and immunotherapy and the fight goes on. "The chemo is hard, but it's every three weeks so I try to build myself up again," Ms Macken said. Her husband Alan said it was 'hard to take it all in' as he listened to the apology in court. 'She has fought so hard, but we are getting through it, she is very brave,' he said, while Ms Macken added that 'as horrible as the situation is', she was 'hugely satisfied to get the apology'. 'It was a long journey, and even though Alan went through it and so did my family, I fought it all on my own in ways that they didn't,' she said. 'It was like the golden ticket getting them (the HSE) to acknowledge that they failed me, to be honest. I didn't realise it until I heard it, and I knew, yes, this is what I wanted.' The couple, who live in Artane, Dublin with their two children, eight-year-old Drew and five-year-old Quin, said they have 'worked together as a family' as Ms Macken undergoes intensive treatment. 'The kids are great, and they look to you for support,' said Ms Macken. Leona Macken: 'It means so much to have it, it's important. I had two misdiagnosed smears, one in 2016 and one in 2020. That's two years on from Vicky Phelan.' Picture: Collins Courts Leona and Alan, who met in 2010, celebrated their 10-year wedding anniversary last Friday. 'I met him on a night out in Dublin when I came up from Cork and followed him here and that's where we are, and we help each other,' she continued. 'We are doing our best just to fight on.' Leona's parents Mary and Jerimiah Cooney described their daughter as a 'rebel heart from Cork'. Her mother said: 'She is incredible the way she is handling everything.' 'She is an amazing woman," said her proud father as he fought back tears. 'We are so proud of her, she has kept it all together, at the same time she is a devoted mother and wife.' Read More HSE and screening service apologise for failings to young mother with cervical cancer
