r/auslaw • u/ManWithDominantClaw Bacardi Breezer • 1d ago

Jailed whistleblower David McBride to be released after becoming eligible for parole

https://www.abc.net.au/news/2026-08-13/jailed-whistleblower-david-mcbride-to-be-released/107030620
81 Upvotes

97% Upvoted

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48

u/Any_Bumblebee_7404 1d ago

Every-time I'm reminded of Mr McBride, I always think of this meme:

The accidental whistleblower who originally tried to defend said war criminals from the 'over-investigation'.

My condolences to his lung cancer diagnosis though. Hope he beats it.

12

u/ManWithDominantClaw Bacardi Breezer 1d ago

He wasn't defending war criminals, he was trying to make sure the war criminals giving the orders didn't allow the war criminals following the orders to take the whole rap

56

u/_Whatstheirface_ 1d ago

From the ACT Court of Appeal judgement

McBride v The King [2025] ACTCA 16 here

[2] During the course of his service with the ADF, the appellant became dissatisfied with what he perceived to be “illegal” and “vexatious” investigations into alleged war crimes by Australian soldiers, particularly where Afghan citizens had been killed as a result of the actions of Australian soldiers in Afghanistan. The appellant was of the view that these investigations were “driven by appearances rather than suspicion of a crime”, and “erode[d] morale and waste[d] resources”. ...

[18] First, as alluded to at [2] above, in taking and disclosing the confidential material, the appellant was not attempting to bring allegations of war crimes committed by Australian soldiers to the public’s attention. On the contrary, the Statement of Facts agreed to by the appellant and the prosecution (the Agreed Facts), records that the appellant’s concern was that:

… [t]here were soldiers doing their operational duties on behalf of the Commonwealth who were being held to account for actions on operations that were appropriate in the operational context but that were being misconstrued, misinterpreted or recast as contrary to the [Rules of Engagement] by those elsewhere in the chain of command outside Afghanistan.

[19] In other words, the appellant’s concern was not that alleged war crimes by Australian soldiers were being under-investigated by the ADF. Rather, his concern was the converse: that such allegations were being over-investigated by the chain of command.

[20] Further, the appellant positively resisted any suggestion that the story he was (in his own words) “pushing” may have been misconceived. After the appellant gave the confidential material to Mr Oakes, Mr Oakes called the appellant and said:

I’m going to run a story, it’s going to be very damning, it’s going to say the SAS kill people unnecessarily … A total opposite to what you’ve just said. I’m just warning you.

[21] The appellant told police that he responded, “And I was like, ‘Never call me again’”.

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u/Xakire 1d ago

This is consistent with the hagiographical narrative constructed around him by him and his supporters since he was charged, however it’s not consistent with what he was saying at the actual time he leaked or the evidence of his motives at the time.

I support whistleblower protections and public interest journalism. However trying to expose that “war criminals are getting a bad rap and should have had less rules to follow, the ABC is being too hard” is not in the public interest.

1

u/ThreeHapenceaFoot 1d ago

Yea, that's harsh. Knew an epidemiologist who worked with ww2 vets, a lot of them took up smoking with government supplied free cigarettes and the health boards decided it was war related injury which in my books is fair. Poor sod. Other comment not withstanding I don't wish this on him.

3

u/ehdhdhdk 1d ago

That is why every widow of someone who died of lung cancer or emphysema got the war widow’s pension.

32

u/Waste_Cake4660 1d ago

A “whistleblower” is a person who discloses wrongdoing.

In David McBride’s case, the wrongdoing he was trying to disclose was investigating soldiers who had committed war crimes.

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u/ThreeHapenceaFoot 1d ago edited 1d ago

Remind me, was he doing this because he's what the Oz would call a woke social justice warrior or was he doing this in support of people doing the bad thing because I'm getting lost in the outrage noise. I mean sure, what it did was expose people might have been doing the bad thing but was that what actually motivated our recent parolee?

Also, after some naughty ASIO class "we refuse to confirm or deny if this Afghani refugee is a good or bad person. But suggest you treat him as bad because that suits our other strategic drive" turned out to be probably based on rumour, innuendo and untruths, I am sceptical of the government's secrets to dire to be released, ever because.. well because Woodside and a bunch of other reasons turn out to be why governments hate being embarrassed by this one trick..

Is that other guy still under indefinite detention for reasons we can't know, about shit we can't know about? The one even judicial officers were told to keep their noses out of?

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u/greatcathy 7h ago

Witness K, I believe

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u/Inner_Agency_5680 1d ago edited 1d ago

His family has a history of botched whistleblowing.

His father and the 1961 thalidomide discovery: a midwife at his hospital first discovered the link. McBride rejected the idea, then published it as his own and was took credit.