Whistleblower David McBride's Appeal for War Crime Leaking Sentence Denied
David McBride will remain incarcerated after his appeal against a sentence for leaking classified information related to alleged Australian war crimes was rejected.
David McBride, the former Australian Defence Force lawyer, has lost his appeal against a sentence of five years and eight months for leaking classified information concerning potential war crimes.
The appeal was rejected by Justice Belinda Baker in the ACT Court of Appeal, as part of the Supreme Court.
Her judgement was delivered in a brief timeframe, and the detailed reasons for the decision will be revealed at a later date.
McBride, 61, pleaded guilty to obtaining and disseminating classified defence information.
His sentence includes a non-parole period lasting until at least August 2026. He previously disclosed 235 documents, 207 of which were classified as secret, to journalists, resulting in reports that brought to light allegations about war crimes committed by Australian special forces in Afghanistan.
A judicial inquiry following the leaks has identified credible evidence related to 23 incidents of possible war crimes involving the deaths of 39 Afghan individuals between 2005 and 2016.
During the sentencing, ACT Justice David Mossop mentioned that the punishment took into account factors such as McBride's guilty plea and mental health issues, while affirming the necessity for deterrence against leaking classified information.
McBride's legal representative, Eddie Lloyd, contended that the sentence was excessive and insufficient consideration was given to McBride’s guilty plea.
Following the rejection of the appeal, his legal team has indicated plans to escalate the matter to the High Court if necessary.
Advocates for human rights have called for the Australian government to abandon the prosecution of McBride, arguing that his detention may inhibit future whistleblowers from coming forward with critical information.
The appeal was rejected by Justice Belinda Baker in the ACT Court of Appeal, as part of the Supreme Court.
Her judgement was delivered in a brief timeframe, and the detailed reasons for the decision will be revealed at a later date.
McBride, 61, pleaded guilty to obtaining and disseminating classified defence information.
His sentence includes a non-parole period lasting until at least August 2026. He previously disclosed 235 documents, 207 of which were classified as secret, to journalists, resulting in reports that brought to light allegations about war crimes committed by Australian special forces in Afghanistan.
A judicial inquiry following the leaks has identified credible evidence related to 23 incidents of possible war crimes involving the deaths of 39 Afghan individuals between 2005 and 2016.
During the sentencing, ACT Justice David Mossop mentioned that the punishment took into account factors such as McBride's guilty plea and mental health issues, while affirming the necessity for deterrence against leaking classified information.
McBride's legal representative, Eddie Lloyd, contended that the sentence was excessive and insufficient consideration was given to McBride’s guilty plea.
Following the rejection of the appeal, his legal team has indicated plans to escalate the matter to the High Court if necessary.
Advocates for human rights have called for the Australian government to abandon the prosecution of McBride, arguing that his detention may inhibit future whistleblowers from coming forward with critical information.
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