https://www.abc.net.au/news/2024-05-14/military-whistleblower-david-mcbride-sent...Former military lawyer David McBride sentenced to more than
five years in jail for sharing classified information with journalists
By Elizabeth Byrne
Posted 57m ago
57 minutes ago
, updated 7m ago
Former military lawyer David McBride has been sentenced to five years and eight months in jail for sharing classified military documents with journalists.
McBride pleaded guilty to three charges, including theft and sharing documents classified as secret, with members of the press.
ACT Supreme Court Justice David Mossop rejected McBride's case that he did not believe he was breaking the law, and found the offences were aggravated by his high-security rating, which gave him access to the material.
He said McBride seemed to have become obsessed with the correctness of his own opinions.
Justice Mossop did accept that McBride's mental health, which included PTSD, may have had a minor contribution to the offending.
The material released by McBride was used in the ABC's The Afghan Files story, which revealed allegations that Australian soldiers were involved in illegal killings.
McBride believed he was acting honourably: lawyers
During a sentencing hearing earlier this month, the court heard 207 documents taken by McBride were classified as secret.
Prosecutors said McBride had copied the material, loaded it into a backpack and taken it home, over a long period of time.
The court was told the documents were stored in plastic bins in his cupboard, before being handed to journalists in a plastic bag for them to copy.
McBride was charged after handing the classified material to journalists Andrew Clark, Chris Masters and Dan Oakes.
The court heard the journalists used it to publish stories revealing allegations Australian troops were involved in illegal killings in Afghanistan, even though that was at odds with McBride's intention in sharing the documents.
At the sentencing hearing, his lawyers argued his actions were honourable and that he believed there was "misconduct" occurring within the Australian Defence Force.
In a statement read to the court by his lawyer, McBride said he felt it was his duty to say something.
"I was looking for a crack investigative reporter, I couldn't do it myself," McBride said.
McBride will serve a non-parole period of two years and three months.
'We have the funds to lodge an appeal'