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David McBride will remain in jail until at least August 2026 after his appeal for leaking classified information was rejected.
Dominic Giannini
3 min read
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Whistleblower David McBride will take his case to Australia’s highest court as he remains behind bars after failing to secure leniency on his prison sentence for leaking classified information about possible war crimes.
The 61-year-old will remain in prison until at least August 2026 after he was sentenced to a non-parole period of two years and three months.
He pleaded guilty to obtaining and disseminating classified defence information and was sentenced to a total of five years and eight months behind bars.
McBride’s appeal on his conviction and sentence severity was rejected in the ACT Court of Appeal on Wednesday.
Justice Belinda Baker handed down her decision in under a minute in front of McBride and his former wife, Sarah McBride, who attended court.
The dismissal was a unanimous decision of three judges, including justices Louise Taylor and Wendy Abraham.
McBride failed to prove there was an error in the initial judgment, the judges determined in the reasons for their decision published after the hearing.
The former military lawyer also failed to establish his oath of enlistment to the defence force encased a further “official duty” to act in the public interest rather than obey lawful orders from the chain of command, the judgment...
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