SPECIAL REPORT: David McBride appeared in a Canberra court earlier this month appealing his conviction in a case that could determine if a soldier’s duty is to serve only the King or also the public, reports Joe Lauria.
By Joe Lauria
in Canberra, Australia
Special to Consortium News
A three-judge panel in the Australian capital is weighing an appeal by whistleblower David McBride that could determine if a soldier’s duty is to serve the public or only his superior officers even if it means covering up evidence of his nation’s war crimes.
The judges are also considering the question of whether Australian soldiers owe their allegiance to the British crown or to the people of Australia.
The three Court of Appeal judges have been deliberating for four weeks to determine if the trial judge erred in not permitting McBride a public interest defense. When classified evidence was removed from the courtroom during his trial, the former military lawyer was left with little choice but to plead guilty in November 2023 to breaching national security laws for leaking the war crimes story to the media.
In blocking his ability to tell a jury his motive, the trial judge then sentenced McBride to a harsh five years and eight months in prison, of which he’s served 11 months at the Alexander Maconochie Centre in the capital territory.
Looking fit, McBride appeared for his appeals hearing on March 3 in a Canberra courtroom to a standing ovation from his supporters who filled the public gallery....
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