Australian whistleblower David McBride, who leaked classified documents exposing alleged war crimes by Australian forces in Afghanistan, lost his appeal to reduce his prison sentence on Wednesday.
The Australian Capital Territory (ACT) Court of Appeal unanimously upheld the five-year, eight-month sentence imposed last year. The 61-year-old former military lawyer had argued that his oath to the late Queen Elizabeth II compelled him to act in the "public interest." However, the judges ruled that his oath required him to act "according to the law," not outside it.
McBride, through his lawyers, condemned the decision, stating that Australians would be "outraged."
"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 a statement. His legal team confirmed they would challenge the ruling in the High Court, citing significant public interest and constitutional implications.
McBride pleaded guilty last year to three charges, including theft and sharing classified documents with journalists. The materials formed the basis of the ABC’s Afghan Files series, which revealed allegations of unlawful killings by Australian special forces—though McBride had intended to expose what he saw as excessive scrutiny of soldiers.
His appeal sought both a reduced sentence and the right to argue that his actions were justified by his duty to the public. However, the court rejected both claims.
Human rights advocates have criticized the prosecution, noting McBride remains the only individual imprisoned in connection to the war crimes allegations, despite a 2020 inquiry finding credible evidence of misconduct by Australian troops.
Kieran Pender of the Human Rights Law Centre called the sentence "a travesty," urging reforms to Australia’s whistleblower protections. "It’s not a crime to report in the public interest," he said.
McBride has been in custody since October 2023. His supporters, including his ex-wife, gathered outside the court as the decision was delivered.
The case has reignited debate over press freedom and government accountability, with McBride’s lawyers calling for a pardon. "It cannot be a crime to expose a crime," they said. "It cannot be illegal to tell the truth."
The High Court appeal is expected to proceed in the coming months.