News Corp journalist Annika Smethurst won’t face Australian Federal Police charges
The AFP has said there was “insufficient evidence” to lay charges against News Corp journalist Annika Smethurst after the High Court ruled a search warrant against her was invalid, but two ABC reporters remain under investigation.
National
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Australian Federal Police will not charge News Corp journalist Annika Smethurst or her source for her report on secret government plans to expand the powers of a spy agency.
Ms Smethurst has been under investigation since publishing a story in 2018 detailing a proposal to allow the Australian Signals Directorate to spy on citizens without a warrant.
The AFP raided her Canberra home in 2019 and seized a number of materials, after executing a warrant the High Court later ruled was invalid.
AFP Deputy Commissioner Investigations Ian McCartney said given the High Court did not order the return or destruction of materials seized, all documents were reviewed before it was determined there was “insufficient evidence” to press charges.
“The AFP reviewed all available material and determined there is insufficient evidence to progress the investigation in relation to the unauthorised disclosure of the classified document,” he said.
“As a result, our decision has been made to finalise this investigation.”
Mr McCartney said it had been a “complex investigation” for the AFP given public concerns about press freedom.
“Firstly, I want to reiterate at all times our investigators have acted in good faith, and acted appropriately during this investigation,” he said.
“Investigating breaches of Commonwealth criminal law is the AFP’s job. That’s what we do.
“This was a serious breach of national security investigation that needed to be investigated.
“We did our job, we investigated. And moving forward, we’ll continue to do our job, in the many thousands of investigations the AFP undertakes in serving the community interest.”
Attorney-General Christian Porter said he did not know why the investigation took so long.
“I share a level of frustration as to how it took so long to resolve,” Mr Porter said.
“But these are decisions that quite properly in our system are made independent of ministers in executive government.”
Mr McCartney said the AFP had to wait for the High Court’s decision before they reviewed the material.
News Corp Australasia executive chairman Michael Miller said common sense has prevailed “but at a price”.
“Almost a year has passed since the AFP illegally raided Annika Smethurst’s home.”
“In that time Annika has shown great courage, forced to live with the threat of jail for simply doing her job of informing the Australian public on a matter of serious public interest.”
Mr Miller said it was unacceptable that a High Court decision was needed for Ms Smethurst to get justice to “end her ordeal”.
“The irony should not be lost on anyone that the story that led to Annika’s persecution was subsequently confirmed as being correct,” he said.
Mr Miller said the decision to drop the investigation shows why the law reform proposals championed by Australia’s Right to Know coalition of media organisations – particularly contestable warrants and shifting the burden of proof from the defendant – are sensible and essential.
Ms Smethurst’s Canberra apartment was raided in June 2019, sparking a major debate about press freedom in Australia.
Officers seized information from the reporter’s phone after rummaging through her drawers and cupboards for several hours.
Ms Smethurst challenged the raid in the High Court, arguing the search warrant was poorly drafted and too vague.
The full bench found in her favour last month, declaring the warrant invalid. However, the judges were torn over whether the AFP ought to destroy material seized during the search.
Two justices found the police should destroy the data, but the majority disagreed.
The AFP sought legal advice on what to do with the evidence after the decision was handed down.
In October last year, incoming AFP Commissioner Reece Kershaw flagged an external review of his agency’s policies and guidelines around sensitive investigations.
He said police independence and freedom of the press were fundamental pillars of Australian democracy.
The attorney-general could not say when a separate AFP investigation involving two ABC reporters would be finalised.
“These are not decisions made by ministers,” Mr Porter said.
Mr McCartney confirmed the investigation involving the ABC was still active.
ABC News director Gaven Morris wrote on Twitter it was also a good time to call off the investigation into the ABC reporters.
Police last year raided the ABC’s central Sydney head office following 2017 news reports based on leaked Defence Department papers revealing Australian defence personnel may have committed war crimes in Afghanistan.
It is understood the ABC has repeatedly sought meetings with the AFP, without success.
Originally published as News Corp journalist Annika Smethurst won’t face Australian Federal Police charges