ABC calls for seat at the table in case of Afghan Files whistleblower David McBride
The ABC has jumped on-board the high profile case involving whistleblower David McBride, who is facing a lifetime in jail for leaking classified documents to the national broadcaster
The ABC is seeking a seat at the table in the case of Afghan Files whistleblower David McBride, who is facing five charges for leaking classified documents at the centre of police raids on the national broadcaster.
At a directions hearing at ACT Supreme Court on Thursday, the case was adjourned for two weeks to allow the parties to strike and agreement with the ABC about how the case can proceed with the broadcaster’s input while also protecting national security information.
Mr McBride described the ABC’s request to “effectively join the action” and act as a “referee” in the case as “unprecedented”.
“The Attorney-General has got some orders around how they are going to handle national security matters and the ABC wants some input into those orders,” Mr McBride said.
While he was glad this would mean he doesn’t have to lock horns with the formidable Commonwealth Director of Prosecutions and Attorney-General’s department on his own, he wanted to make sure other media were not locked out of the process.
Mr McBride said it would set a “dangerous precedent” and raise conflict of interest issues if the ABC were allowed to report on matters that other organisations were not.
“I think the rest of the media would be right to say that’s wrong, especially given the ABC have got a vested interest in the case,” he said.
“I think it’s a bad look for democracy if you’ve got one news agency that reports the truth if you like and the other news agencies don’t get a look in because that’s obviously dangerous.
“I don’t think (the ABC) deserves a seat at the bar table but I do think its good that they’re engaged and I encourage other media organisations to get engaged too.”
Mr McBride has been committed to stand trial on a charge of theft of Commonwealth property, three counts of breaching the Defence Act and one count of the unauthorised disclosure of information.
The leaked documents were used by ABC journalists to produce The Afghan Files which examined incidents between 2009 and 2013 where special forces allegedly shot dead insurgents and unarmed civilians, including children.
It is unclear how much of the case will be heard behind closed doors but there are already plans for a secret hearing on any national security issues.
“It may be that we can have it half and half, I think that could be unsatisfactory,” Mr McBride said.
“It could be possible to have everything unclassified so that we could have an open court with journalists there.
“Obviously an open court with the open issues is the best possible scenario.”
Mr McBride has welcomed joint action by Australia’s three largest media organisations; News Corp, ABC and Nine to demand law reforms that would prevent journalists being thrown in jail for doing their job.
“I’m so happy; there’s nothing better than seeing a joint operation by media organisations because Australia will benefit from a free press,” he said.
Mr McBride is the son of Sydney obstetrician William McBride who alerted the world to the dangers of thalidomide in the 1960s.
Mr McBride said he was nervous about speaking to media but felt he needed to do so.
“Under the legislation they can put me in jail just for speaking about the case outside the court so I never know whether this will be the last time I will be addressing media,” he said.
He said it was his “patriotic duty” to leak the documents when his complaints to the defence and political hierarchy did not result in change.
He was willing to go to jail for the rest of his life for “the good of the Australian people”.
The case was adjourned to July 11 for a directions hearing before Justice Michael Elkaim.
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