Life in prison for telling the truth
The Defence Department and the Commonwealth have unlimited resources to prosecute David McBride and for the past 4 years he has been bled dry trying to defend himself. As he enters the last round of his fight, a criminal trial later this year, we aim to level the playing field and give him the defence he deserves.
In 2011 and 2013, David McBride served in Afghanistan as a military lawyer to the Royal Australian Regiment / Australian Special Forces and became alarmed at fundamental breaches of military and international law and a culture of impunity for those who breached them
McBride believed that senior military leadership were intent on turning a blind eye to a series of horrific and highly suspicious killings while pressuring him to prosecute innocent soldiers for diversionary show trials. David delivered a dossier internally on these matters and when that was ignored he released parts of it to the ABC. 'The Afghan Files' gave the Australian public the first insight into a series of notorious killings of civilians and prisoners in Afghanistan.
Shoot the messenger
It would be an offence to discuss what McBride released but he strongly asserts that the material was merely embarrassing to military command not in any way compromising to national security. The McBride revelations undoubtedly led to the explosive Brereton Report which documented dozens of potential war crimes in Afghanistan. Justice Brereton very pointedly referred to the culture of impunity that military commanders and bureaucrats had allowed to develop. Despite the shocking details no Ministers resigned, no senior officers were dismissed or demoted, no charges have been laid.
The only person who is facing a criminal court and a possible jail cell is David McBride, the man who tried to warn the ADF of what was occurring in Afghanistan.
The legal challenge
David doesn't get Legal Aid and he has spent his own money and his first fundraiser on trying to mount a defence under the Public Interest Disclosure Act. After 18 months of preparation centred around two key witnesses, McBride withdrew that defence when the Commonwealth opposed both witnesses being heard at all and sought the total removal of certain evidence from the court on the eve of the hearing.
We are now in the final straight of David's Criminal prosecution. This year, sometime after July, he will go on trial before a jury for breaches of the Defence Act and face a possible life sentence. It is a complex case made even more cumbersome as the National Security Information Act is being imposed upon it at the direction of the Attorney General. Like the Bernard Collaery proceeding McBride's matter will be conducted almost entirely in secret.
The bulk of the evidence cannot be copied, forwarded or even discussed by any electronic means. To discuss the evidence with David requires lawyers from various cities and states to meet In person under government approved conditions and locations. It is a burden upon a fair defence and a crippling financial impost. David also faces the cost of accommodating lawyers and witnesses in Canberra for a 3 week trial.
Join the defence
Some of Australia's finest lawyers have either donated their services or reduced their rates to assist David's case. We are forever grateful to Bret Walker SC, Stephen Odgers SC, Paul d'Assumpcao and Emmanuel Kerkyasharian. Researchers and support staff are billed at cost rates.
All funds raised will be deposited into the Xenophon Davis trust account which is monitored and audited under the rules of the Law Society of NSW.
Interview with Major William McBride David