this post was submitted on 28 May 2025
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The three Australian Capital Territory Court of Appeal judges unanimously rejected the 61-year-old former army lawyer’s appeal against the severity of a five years and eight months prison sentence imposed a year ago.

The judges also rejected McBride’s argument that as a military officer he had sworn an oath to Queen Elizabeth II and therefore had a sworn duty to act in the “public interest.”

“It is my own conscience and the people of Australia that I answer to. I have kept my oath to the Australian people,” McBride said in the lawyers’ statement.

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[–] jonesy@aussie.zone 45 points 2 weeks ago (1 children)

Absolutely farcical that McBride's in jail while Ben Roberts-Smith is free.

[–] WhatAmLemmy@lemmy.world 17 points 2 weeks ago* (last edited 2 weeks ago)

They let the war criminal go free and punished the messenger. We're also financing a genocide that like 80% of the population oppose.

Seems we're just another corporate dictatorship masquerading as "democracy".

[–] Tramort@programming.dev 40 points 2 weeks ago

What a miscarriage of justice

[–] ProvableGecko@lemmy.world 24 points 2 weeks ago* (last edited 2 weeks ago)

If you want to know more about his situation BoyBoy made a video with him last year before he went to prison.

[–] Luouth@lemmy.world 21 points 2 weeks ago (2 children)

Are whistleblowers not protected by law in Aus? We are actively encouraged in our country, but there is a very strict framework to be followed for it to be legal

[–] g0nz0li0@lemmy.world 23 points 2 weeks ago (2 children)

There are protections, but as always legality can be questioned. In this case, I think he got fucked:

Eventually, the Department of Defence claimed public interest immunity over key information. This allows the government to withhold evidence (such as classified material) from the court on public interest grounds. 

It means neither party can rely on the information.  

This strategic decision meant McBride faced difficulties establishing key aspects of his whistleblower case. This included whether the information revealed relevant wrongdoing, his attempts to tell the department or police about his concerns, or whether the extent of the disclosure was necessary to establish wrongdoing.

https://theconversation.com/david-mcbride-is-facing-jailtime-for-helping-reveal-alleged-war-crimes-will-it-end-whistleblowing-in-australia-218108

[–] Knock_Knock_Lemmy_In@lemmy.world 12 points 2 weeks ago (1 children)

How can his attempts to tell the department or police about his concerns be considered classified information.

That is some bullshit.

[–] deltapi@lemmy.world 17 points 2 weeks ago

Not just that, but how does that exclusion not also create instant reasonable doubt?

[–] Luouth@lemmy.world 5 points 2 weeks ago

Thanks for digging for the info!

[–] Kayel@aussie.zone 4 points 2 weeks ago

On the non-state-security side:

Not anything near what it's like in the US. There are no incentives. "If you decide to blow the whistle you had better be financially independent"