David McBride, who helped uncover allegations of war crimes committed by Australian soldiers in Afghanistan, has pleaded guilty to leaking classified information.
Originally facing five charges, the former military lawyer pleaded guilty to three crimes, including stealing Commonwealth information and passing it on to journalists.
While serving as an army lawyer in Afghanistan, McBride became concerned about what he said was the “over-investigation” of alleged misconduct by special forces troops, the court heard.
David McBride pleaded guilty to three offences, including stealing information about the Commonwealth and passing it to journalists
McBride believed the investigations were “excessive” and undermined the safety of the soldiers ABC reported.
He handed classified documents to ABC journalists Andrew Clarke, Chris Masters and Dan Oakes, leading to a series of reports alleging that Australian Special Forces troops had committed war crimes in Afghanistan, entitled The Afghan Files.
A later investigation uncovered credible information about 23 incidents of potential war crimes, in which 39 Afghans were killed and another two brutalized between 2005 and 2016.
The report found that 25 soldiers were perpetrators or accomplices – some on a single occasion and some on multiple occasions.
While serving as an army lawyer in Afghanistan, McBride became concerned about what he said was the “over-investigation” of alleged misconduct by special forces troops, the court heard.
McBride planned to defend himself against the charges, citing the oath of service he swore to the Queen when he joined the military along with his lawyer, Stephen Odgers, arguing that the oath also included revealing included information if it would further the interests of the Australian public.
However, Judge David Mossop found that McBride had no legal right or obligation to breach orders, and that his actions were not justified by the public interest.
McBride’s bond will continue and he will be sentenced next year.