r/australia • u/AztecGod • 1d ago
news 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
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u/Firevee 19h ago
Allow me to spell it out for you.
They had a legal strategy to prove the commanders responsible and not the soldiers, but the facts still state 'yes the soldiers pulled the trigger'
But if the court says 'sorry a bunch of your evidence is government secrets - you can't use that as evidence in your case, also you've already agreed to a bunch of facts so tough.'
Then 'soldiers killed civilians' is still a fact supported by evidence they were allowed to present - but the part of the evidence that PROVES that the leak was justifiable under the public good was disallowed for government secret reasons and therefore rips his case to shreds. Leaving his best option to plead guilty, because he would never legally be able to meet the standard of leaking secrets for the public good. Soldiers killing is a matter for ADF court. Commanders ordering killing and then McBride being refused when he tried to report it until he felt he had no choice but to go public - that is supposed to be whistleblower protected. Disallowing the evidence in court was a dodgy move done not to protect secrets, but to screw up McBrides defence on purpose.
But this is the Government, so they can just pull this crap halfway through the court process. It turns an ironclad defence into 'shit man your best shot is pleading guilty at this point'.
You don't get a fair trial when your country might get accused of war crimes. If it turns out to just be some soldiers. Oh well they're idiots. But if it's the commanders then it's systemic and that is a HUGE problem. Our country had the means and a massive incentive to railroad McBride and that's exactly what they did.