Whistleblower David McBride sentenced, war criminals remain free

May 15, 2024
Issue 
David McBridge addressing a protest outside Labor's national conference in 2023 in Magan-djin/Brisbane. Photo: Alex Bainbridge

The jailing of Afghanistan war crimes whistleblower David McBride on May 14 has been condemned by truth-tellers across the globe.

McBride, a former Australian Defence Forces (ADF) lawyer, served two tours in Afghanistan, in听2011 and 2013,听and听complained听internally about the behaviour of some听Australian Special Air Service Regiment (SAS) members, but said he was not taken seriously.

, a lawyer and wife of Julian Assange, said on X that it is 鈥渟candalous鈥 that McBride, who 鈥渟hared documents evidencing impunity over ADF war crimes in Afghanistan鈥 had been sentenced.

鈥淭he only person going to prison over the war crimes is the man who blew the whistle,鈥 Assange said.

McBride鈥檚 leaked听information听was considered by听the ADF's听, established by the Coalition government to investigate allegations of war crimes committed by the elite听SAS听in Afghanistan 鈥 Australia鈥檚 longest war.

The four-year inquiry by Paul Brereton, a听听judge and senior officer in the听Australian Army Reserve, published its report in 2020. It included听evidence of 23 incidents in which one or more civilians 鈥 or people who had been captured or injured 鈥 were unlawfully killed by special forces soldiers, or at their direction.

The report found a further two incidents that it said could be classified as the war crime of 鈥渃ruel treatment鈥.

It made 36 referrals to the Australian Federal Police, only one of which has gone to court.

Meanwhile, McBride was charged with five national security offences, denied immunity from prosecution and jailed for 5 years and 8 months, with no parole for 2 years and 3 months.

The only alleged war criminal to appear before court is SAS veteran听Oliver Schulz,听whose crime was听first publicised by the听听on March 16, 2020.

He听shot Afghan man Dad Mohammad during an ADF raid in Uruzgan Province, southern Afghanistan, in May 2012.

The ABC鈥檚 video footage of the incident helped bring the severity of the war crimes allegations in Afghanistan to the public.

abc_four_corners_2020_on_afghanistan_killing_.png

Still from the Four Corners' expose on Australian war crimes in Afghanistan.

Mohammad was married with two very young daughters. His family complained to the ADF, which investigated and cleared Shulz of听wrongdoing. He completed multiple tours and was awarded the Commendation for Gallantry in Afghanistan.

Schulz has fared a lot better than McBride, whose evidence would have听contributed to听getting听Shulz to听face听court.

Arrested in March last year,听Shulz听was granted听听in February, since, according to the magistrate,听the highly trained alleged war criminal听presents听no 鈥渉eightened听risk鈥 and his lawyer argued he would be 鈥渁t grave risk鈥 of being attacked by 鈥渆xtremists鈥 in jail opposed to the war in Afghanistan.

McBride has been charged with stealing public documents; not murder or war crimes.

McBride has always said he gave the ABC the documents as an act of public duty. He has spent five years waiting for sentencing and now faces more than two years in jail.

听has pointed out that听McBride was not听even听allowed to argue his case in court, as the public interest defence was ruled out. He听was听therefore听compelled听to plead guilty.

鈥淲hat kind of justice is it where McBride is denied the opportunity to put his case in an open court of law, being forced rather to plead guilty to government charges but with no resort to the most basic legal right of pleading his case?鈥澨齏est asked.https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gif

鈥淎nd what kind of justice is it that allows a whistleblower to be tried and convicted while the actual war crimes go unprosecuted, while dozens of incidents go entirely unpunished, untested in court?鈥

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