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I had no advance knowledge of AFP raids: Dutton

Peter Dutton had no involvement AFP raids of the ABC and a News Corp journalist’s home.

Olivia Caisley and Lilly Vitorovich
ABC slams ‘concerning’ AFP raids
7 min read
6:10PMJune 05, 2019.
Updated 10:52AMJune 07, 2019

Home Affairs Minister Peter Dutton says he had no knowledge of police raids on the ABC and senior News Corp reporter Annika Smethurst until the search warrants were executed, and has attacked Anthony Albanese for calling the raid on Smethurst “outrageous.”

Labor have been calling on Mr Dutton — the Minister in charge of the AFP — to explain the dramatic raids yesterday and today which have led to the Morrison Government being accused of intimidating journalists and undermining press freedom.

ABC Managing Director David Anderson said today’s raid of the ABC’s Sydney offices over stories published in 2017 that suggested Australian troops may have committed war crimes “raises legitimate concerns over freedom of the press”.

Yesterday, Smethurst’s home was raided over an April 2018 story on a secret plan that would have allowed the Australian Signals Directorate to spy on Australian citizens for the first time; and 2GB radio host Ben Fordham revealed on air that he was now involved in a Home Affairs Department inquiry for reporting on Monday that six asylum-seeker boats were headed for Australia.

Office informed after raids: Dutton

In a statement this afternoon, Mr Dutton said he was “aware that the Australian Federal Police have executed search warrants in relation to two separate investigations”.

“The Australian Federal Police conduct their investigations and carry out their operations independent from the Government. The AFP have an important job to undertake and it is entirely appropriate they conduct their investigations independently and, in fact, it is their statutory obligation,” he said.

“I have had no involvement in the AFP’s investigation into these matters. Following the execution of each search warrant on 4 June and 5 June respectively, my office was informed that search warrants had been executed.

Earlier today, Mr Albanese criticised yesterday’s seven-hour raid on Smethurst’s home and said it was “outrageous.”

Mr Dutton said Mr Albanese should apologise for his comments and produce evidence of any AFP wrongdoing.

“Attacks on the AFP by the Opposition Leader today are completely inappropriate. I have the utmost confidence in the hardworking officers of the AFP who dedicate themselves to working to protect Australia’s interests at home and abroad,” Mr Dutton said.

“If Mr Albanese has any evidence of wrongdoing by the AFP he should produce the detail. If not, he should immediately apologise for his comments about the officers.”

“Like all Australians, I believe in the freedom of the press. We have clear rules and protections for that freedom of the press and we also have clear rules and laws protecting Australia’s national security.”

No link: AFP

Late today, the AFP said there was “no link” between the dual raids.

“Both, however, relate to separate allegations of publishing classified material, contrary to provisions of the Crimes Act 1914, which is an extremely serious matter that has the potential to undermine Australia’s national security,” the AFP said in a statement.

The AFP said it received two separate referrals from agency heads in relation to the matters.

The body also defended the raids that occurred within 24 hours of each other, describing search warrants as “important tools” of investigation.

AFP ‘can copy, delete, alter material’

Earlier today, as he live-tweeted “pretty confronting scenes” of the ABC offices raid, ABC head of investigations John Lyons demanded to know: “Is this a free media?”

Mr Lyons said he was “staggered” by the power of an AFP warrant being executed at the public broadcaster’s headquarters.

Under the terms of the warrant, AFP officers are able to “add, copy, delete or alter” material on the computers of the ABC.

“All Australians, please think about that: as of this moment, the AFP has the power to delete material in the ABC’s computers. Australia 2019,” Mr Lyons tweeted.

Police officers trawled emails and attempted to access the ABC’s hard drive over a story in which a defence force insider raised allegations over the killing of civilians in Afghanistan.

Managing Director David Anderson said in a statement: “It is highly unusual for the national broadcaster to be raided in this way. This is a serious development and raises legitimate concerns over freedom of the press and proper public scrutiny of national security and defence matters.

“The ABC stands by its journalists, will protect its sources and continue to report without fear or favour on national security and intelligence issues when there is a clear public interest.”

The ABC raid relates to a 7.30 Report story published on July 10, 2017 from Dan Oakes and Sam Clark, in which an Afghan veteran spoke out against a “disturbing culture of recklessness” he said emerged among an influential minority of Australian Special forces in Afghanistan.

ABC personnel react

ABC Editorial Director Craig McMurtrie said the raid was “very, very concerning”.

“They have a warrant that allows them to look at emails, other electronic messages, files, reports, all around the Afghan files,” he told reporters outside ABC’s Ultimo headquarters in Sydney.

“We should feel uncomfortable about this, we are here at the national public broadcaster, and the Australian Federal Police have exercised a search warrant and that ought to feel uncomfortable, that ought to be disconcerting.”

The ABC knew the AFP were coming this morning, he said, adding it was a “very unwelcome development”.

Government may have ‘questions to answer’ over AFP raids

Mr McMurtrie couldn’t explain why the warrants were executed today, two years after the stories were published.

The three journalists at the centre of the raid weren’t in the ABC building.

As part of its raid the AFP sought all material related to the production of ‘The Afghan Files’, a move Lyons has described as a “chilling development” for the Australian public and its right to know.

AFP officers enter the ABC offices in Ultimo. Picture: Twitter.
AFP officers enter the ABC offices in Ultimo. Picture: Twitter.

ABC news director Gaven Morris urged journalists to continue to report stories in the public interest.

“Our journalists do a really difficult job, I’m proud of the job they do, they do it in the public’s interest and journalism is not a crime,” Morris said.

“I would say to all the journalists at the ABC, and all of the journalists across Australia, don’t be afraid of the job you do, stand up and be proud of it. And continue to act in the public’s interest, knowing that the stories you tell and the service you provide the community is a vital one for our democracy.”

“Daniel Oakes and Sam Clark are two of ABC News’ finest journalists. Honest and committed to telling the truth in the Australian public’s interests. Just like Annika Smethurst. I’m proud of the difficult work they do.”

Morris declined to comment further, noting that he is named in the search warrant.

Paul Barry, host of ABC’s Media Watch, said the AFP raid was “appalling”.

“This was a story that was absolutely in the public interest about allegations that Australian Special Forces had unlawfully killed civilians in Afghanistan, the public has an absolute right to know about that stuff,” he said.

“And for the police to be trying to shut it down and prevent the public from knowing this stuff, I think it’s absolutely outrageous.”

Barry said the AFP are exercising “old powers under the 1914 Crimes Act and they do not give exemptions to journalists, so it’s conceivable that a journalist … could be charged as a result of this for basically breaching the Crimes Act.”

“In 2018, the law was changed to give public interest exemption to journalists, it’s not applying in this case, maybe because the offence was too old. But That’s a scandal.”

Matt Peacock, co-director of ABC Alumni, said the raid is an “outrage”.

“It’s a disgraceful attack on freedom of the press and is part of a pattern of media intimidation by the Government, police, security and defence agencies that should have every Australian seriously worried,” he said.

“This has nothing to do with protecting Australia. It is all about protecting the reputations of a small group of out-of-control Rambos who are accused of breaking international law and have sullied the otherwise good name of the Australian Defence forces.

“The timing of this raid is also significant, coming some two years after the stories were published. It is clearly designed to intimidate good journalism. What else are they hiding?”

What the AFP was looking for

Mr Lyons said the AFP wanted “drafts and scripts of all stories relating to this issue.”

“This really strikes at the heart of what journalists do as sometimes drafts have notes, names and numbers — that’s why they’re drafts.” he tweeted.

“In summary, the AFP want anything that at any point may have been involved in this story. This is, in my view, a chilling development for the Australian public.”

The report exposed clandestine operations by the SAS, including incidents of troops killing children and unarmed men.

Lyons said it was clear the AFP was trying to “gather evidence” to build a case against “one particular person”.

He revealed 4800 items had been downloaded from the ABC’s server as part of the raid.

He said the download had prompted lawyers for the public broadcaster to argue with the AFP over which “secret documents” should be excluded from the warrant.

How the raid unfolded

Three officers entered the building shortly before 11.30am, where they were met by ABC security and staff. About 45 minutes later another three officers arrived, identifying themselves as forensics experts.

Beginning his live tweeting of the raid, Lyons said it was a “pretty confronting scene … six AFP officers trying to get into the heart of the ABC’s computer system. Is this a free media?”

Mr Lyons said AFP officers told the public broadcaster’s lawyers there was no connection with the raid on Smethurst’s home yesterday.

“ABC lawyers ask whether there is any connection with raid on News Corp’s @annikasmethurst yesterday. AFP say no,” he tweeted.

The AFP said in a statement the search warrant had been executed in relation to allegations of publishing classified material, which was “contrary to provisions of the Crimes Act 1914.”

“The search warrant relates to a referral received on 11 July 2017 from the Chief of the Defence Force and the then-Acting Secretary for Defence,” the statement reads.

“All AFP search warrants are authorised by a magistrate or an appropriate member of the judiciary. This is the result of supporting documentation or material being presented to the court which provides sufficient suspicious that a criminal offence has been committed.

“No arrests are planned today as a result of this activity.

The journalist’s union MEEA said the raid was a disturbing “new normal” that seeks to “criminalise journalism”.

Additional reporting, Richard Ferguson

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Original URL: https://www.theaustralian.com.au/business/media/federal-police-raid-abc-offices/news-story/5270d91de4cb228344c379dca32f6b47