Appeal begins today for war crimes whistleblower David McBride
Civil society groups have condemned the ongoing imprisonment of David McBride and called for urgent whistleblower protection reform, as the Afghan Files whistleblower’s appeal begins today in the ACT Court of Appeal. McBride is appealing against his conviction, in relation to a legal ruling which led to him plead guilty, and the severity of his sentence.
McBride was sentenced to five years and eight months in May 2024 for releasing documents to the ABC that formed the basis for the ‘Afghan Files’ reporting, which detailed war crimes in Afghanistan. McBride is presently detained at the Alexander Maconochie Centre in Canberra, he was handed a non-parole period of two years and three months.
McBride is the first whistleblower to be imprisoned in recent memory in Australia and civil society groups have expressed ongoing concern about the chilling effect McBride’s imprisonment is having on future whistleblowers speaking out to expose wrongdoing.
The Albanese Government resisted repeated calls to drop the prosecution and intervene in McBride’s case, or the ongoing case against tax office whistleblower Richard Boyle. The government has also failed to deliver comprehensive whistleblower protection reforms, or commit to establishing a whistleblower protection authority.
Kieran Pender, Associate Legal Director at the Human Rights Law Centre said:
“Right now, one whistleblower is behind bars and another is facing trial because of Australia's broken whistleblowing laws. The Albanese Government needs to fix our laws and establish a whistleblower protection authority, to ensure that whistleblowers are protected, not punished and prosecuted.”
Prof. Peter Greste, Executive Director of Alliance for Journalists' Freedom said:
“For journalists to do their jobs, they have to be able to protect their sources. David McBride’s whistleblowing led to groundbreaking investigative reporting on Australia’s war crimes in Afghanistan. And as long as he remains behind bars, journalists and their sources will get the message, and vital journalism will remain smothered.”
Lara Khider, Acting Executive Director of the Australian Centre for International Justice, said:
“It is a mark of failure on the Australian Government that the first person jailed in relation to war crimes in Afghanistan is a whistleblower, not a war criminal. The prosecution and imprisonment of McBride is a stark reminder of the Australian government’s misplaced priorities. Instead, all efforts should focus on holding those responsible for war crimes committed in Afghanistan to account.
”Tosca Lloyd, Whistleblower Justice Fund said:
“The imprisonment of David McBride sends a clear message to those who witness corruption or wrongdoing: if you speak up you will be punished. Either the Australian Government acts to rectify this injustice, or we must assume this is the exact message they intend to send.”
David McBride’s appeal hearing will begin at 10.15am on Monday 3 March 2025 at the ACT Supreme Court, a rally will be held outside from 9am.
Media contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au