(THEME MUSIC PLAYS)
GRACE TOBIN: Well, David, you're often described as a whistleblower.
Some people also say you're a hero.
(CHEERING, WHISTLES BLOW) Thank you, everybody!
(CHEERING, WHISTLES BLOW) (CHEERING, WHISTLES BLOW)
SUPPORTER: (ON MIC) Thank you, David.
The Australian public is much richer for his contribution.
Then there are those who say you're a traitor.
Then there are those How do you view yourself?
I view myself as a soldier who did his job,
I view myself and that's really what I am.
Obviously, I like being called a hero,
it kind of helps when you're in a jail cell.
it kind of helps (LAUGHS)
Makes you feel a bit better!
David McBride is a former military lawyer who blew the whistle.
Today I serve my country.
(CHEERING)
He's celebrated for exposing war crimes in Afghanistan.
And what's David McBride's crime?
His crime is telling the truth about war crimes!
(CHEERING)
But the truth is that wasn't his intention.
DAN OAKES: It was entirely the opposite.
David McBride wanted to expose
that our soldiers were being unfairly targeted,
they were being unfairly investigated.
It's a much greyer and murkier and messier story
than people appreciate.
Are you just someone who broke the law and got caught?
(SCOFFS) I didn't sell the plans to the Chinese.
(SCOFFS) I didn't sell the plans It wasn't robbing a bank.
I say I saw the government It wasn't robbing a bank.
I say I saw the government breaking the law.
With his criminal trial shrouded in secrecy.
With his criminal trial No camera! Go away!
Oi! Go away! No camera! Go away!
Oi! Go away! SECURITY: Sir, you need to go back.
Oi! Go away! You need to go back.
Right, so, they've just closed the court.
Now there's a secret hearing
Now there's taking place upstairs.
MARK DAVIS: This is the power of the Attorney-General
sitting in the middle of a courtroom
ready to gag everybody sitting in the middle of a courtroom
ready to gag everybody in a heartbeat.
We go inside David McBride's high-stakes battle for vindication
and ask what is he really fighting for?
DAVID MCBRIDE: I believe I am still fighting for Australia.
My enemies would say the same thing,
but I believe I'm right and I believe they're wrong.
And I'm still putting my life on the line for this country,
And I'm still putting my life just as my oath told me to do.
Time for one more coffee?
It's a little routine...
..having a coffee.
Charger.
It's the week before David McBride's criminal trial.
It's the week before Doggie treats.
Might as well have one before we go.
Reality is hitting home.
I'm not allowed to take Jake into prison.
I'm trying to find someone who can do it.
Messages from well-wishers.
Sometimes I'm too anxious to read them.
It's easier to read hate mail than it is praise.
On social media
McBride is crowdfunding for his legal defence.
I'm asking for support from everyday Australians
I'm asking for support to give a small amount
within your capacity
to help my campaign.
Do you know how much money you've raised over the last few years?
Approximately, but it must be around half a million bucks.
Important paperwork, Jake.
Must remember to take that.
McBride's bail documents list five federal offences.
He's playing hide-and-seek!
He's charged with giving secret documents to journalists
when he was a lawyer for the Australian Defence Force.
It's got the offences on it too.
Has it ever occurred to you to run or hide?
Quite a few people say, "Why wouldn't you run?
"I could, for 20 grand, get you powerful a jet ski,
"I could, for 20 grand, "take off from Bondi.
"You'll meet a boat 20 kilometres out,
"and you'll get on the boat and they'll take you..."
"and you'll get on the boat (LAUGHS)
"..take you somewhere."
I don't want to spend the rest of my life on the run,
you know, disguised, like Tony Mokbel.
But it's easy to talk tough when you're sitting in Paddington.
See how you go inside of a 6-by-4 cell, you know?
Oh, look at their faces.
You're excited?!
They're very excited. Excited?
You know something's happening. Yes!
Prison is front of mind for McBride.
If convicted he faces years in jail.
A little left and then right.
It's a confronting thought for his daughters Georgie and James
It's a confronting thought and ex-wife, Sarah,
who's stood by him since and ex-wife, Sarah,
who's stood by him since their separation eight years ago.
It's unusual.
It's a very unusual situation.
But we're best of mates
and when you believe in something
and when you believe strong enough,
you'll keep fighting for it.
I thought it might be a short cut.
JAMES MCBRIDE: It's been so many years of our life.
Most of my childhood had the case in it,
and the fact we've been through all the hardships
and the fact we've been through of what the case
has done with everyone,
and he'd still go to jail,
it would be like a loss.
it would be Yeah.
Legally, it's a difficult case to defend.
McBride has already admitted to police
that he broke the law by revealing national secrets.
His entire defence now rests on proving it was the right thing to do.
There would be no such thing as whistleblowers
There would be no such thing if they get up on this,
'cause how could you be if they get up on this,
'cause how could you be a whistleblower if...
'cause how could you be MARK DAVIS: You'd be crucified.
Mark Davis is the lead solicitor on the case.
We assume that it's known what it means, right?
Here we are, eight lawyers, going, "What does 'duty' mean?"
Here we are, eight lawyers, I mean, it's really bloody...
(LAUGHS)
The case is being run under national security laws,
which means there are heavy restrictions
which means around the handling of evidence.
It's bullshit that, anything to do with national security, they use -
and I know this 'cause I used to be inside the system -
they use this as a weapon to make it harder for defendants.
You guys will have to clear out
because we're just gonna You guys will have to clear out
because we're just gonna go through the documents, now, OK?
And you just literally can't see them, that's all.
See ya. See ya.
(HELICOPTER ROTORS WHIRR)
To understand how David McBride ended up here,
we have to go back 11 years to the war in Afghanistan.
McBride was on deployment as a lawyer with Australia's special forces.
I loved my job at special forces.
I thought it was the best job I loved my job at special forces.
I thought it was the best job in the world.
Rumours were escalating
that war crimes were being Rumours were escalating
that war crimes were being committed by members of the SAS.
We now know from an independent inquiry called the Brereton Report
We now know from an independent that there's credible information
that 39 Afghans were unlawfully that there's credible information
that 39 Afghans were unlawfully killed by 25 Australian soldiers.
At the time, that wasn't McBride's main concern.
(GUNSHOTS)
You were the legal officer (GUNSHOTS)
You were the legal officer for the special forces.
What rumours were you hearing at this time?
Did you have a sense of those 39 murders yourself?
Yeah, I heard the rumours, Did you have a sense of those 39 murders yourself?
Yeah, I heard the rumours,
but as a lawyer you don't pay Yeah, I heard the rumours,
but as a lawyer you don't pay too much attention to the rumours.
And they were my clients,
and, so, I went there with an open mind.
I knew that soldiers weren't angels,
particularly special forces soldiers,
but I also didn't think that they were all devils.
Back in 2013
the ADF decided to reinforce the Rules of Engagement
the ADF decided to reinforce to say soldiers can only shoot
if they have a high degree of confidence a person is a threat.
I made a complaint about it to say
this could get soldiers killed
because it had, like, a seven-step test
for a soldier in a firefight with a Taliban
as to when he could pull the trigger,
as to when and it was just a mess.
At the bottom it said, "If you don't follow the seven-step test,"
basically, "you'll be guilty of murder."
McBride was outraged
when the ADF launched investigations
into incidents involving SAS soldiers
that he considered to be lawful killings.
You don't investigate innocent people
in order to make up for the bad people.
If there is political bullshit going on against soldiers,
and it doesn't matter whether they're SAS or not,
you need to stand up for it.
(ROTORS WHIRR)
He ended up putting his job on the line
defending a corporal who shot a prisoner.
An SAS soldier had captured a Taliban person
An SAS soldier and then the Taliban person
made a grab
for the SAS soldier's weapon,
and it was a 30-second struggle for the control of the weapon.
Eventually, the SAS guy got his finger on the trigger,
pulled the trigger and shot the guy dead.
And that's when I said, "Hang on,
"everything about this soldier's story looks right."
"everything about But if you had heard the rumours,
why take a stance on that particular investigation
to say that this is not a war crime that warrants investigation?
Well, you take a stand because it's the right thing to do.
Well, you take a stand (HELICOPTER ROTORS WHIRR)
This is when McBride's obsession began.
He returned to Australia a changed man.
I never really came back.
And, to a certain extent,
I've never really returned from that 2013 tour mentally.
And Sarah knew it, and the kids, I think.
Funnily enough, Georgie, my youngest daughter, is quite sensitive,
Funnily enough, Georgie, my youngest I think she knew it.
It was hard for us to bond after that tour.
GEORGIE MCBRIDE: I'm trying to find a good way to put it.
He... GEORGIE MCBRIDE: I'm trying to find a good way to put it.
He...
(SIGHS) I don't know how to say it.
It's like...
..yeah, he becomes kind of in his own fairy world,
that's what we call it.
I think mentally it's very different for him.
McBride started compiling an internal complaint
about the ADF leadership
and what he believed was the illegal investigation of SAS soldiers.
and what he believed was the illegal I tried to let it slide for a while,
but I was still boiling on the inside.
I knew I was gonna go to war against my own country.
I knew I was gonna go to war In his report
McBride described the investigation of five separate incidents
as "overzealous'" and "driven by appearances." McBride described the investigation of five separate incidents
as "overzealous'" and "driven by appearances."
He printed off secret documents
inside the Special Operations headquarters near Canberra
and stored them at home.
It took me many months, six months probably...
..but I was still angry about this issue,
so, I was drinking in order to deal with that anger.
I was probably doing a half a bottle of vodka each day,
built up to about three quarters of bottle of vodka every single day.
And I wasn't sleeping much.
I was on ADHD medication, which I was abusing to stay awake all night. And I wasn't sleeping much.
I was on ADHD medication, which I was abusing to stay awake all night.
I'd frequently stay in the office all night.
But everything else in my life fell apart
to try to put that complaint together.
Were you concerned about him during that time?
SARAH MCBRIDE: Absolutely. Very concerned.
It wasn't the Dave that I knew.
There were times where I had to sit on suicide watch with him. It wasn't the Dave that I knew.
There were times where I had to sit on suicide watch with him.
I never expected to become whistleblower.
I was a true believer.
But there comes a point when you see things which are just so wrong
But there comes a point when you see you have to stand up.
The first step in trying to make sense
The first step of David McBride and his motives
is knowing his past.
It's quite emotional.
A lot of things you've half-forgotten.
He's the youngest of four children of Dr William McBride.
Here we go. This Is Your Life moment.
That's not a bad photo of the family.
The famed Sydney obstetrician
was credited with blowing the whistle
on the dangers of the pregnancy drug thalidomide in the 1960s.
He was obviously well-regarded.
This is me in the British army
training for SAS selection in Wales.
When David was a young soldier training for SAS selection in Wales.
When David was a young soldier serving in the UK,
When David was a young soldier his father lost his hero status.
Dr McBride was found guilty
of falsifying research Dr McBride was found guilty
of falsifying research on other pregnancy drugs
of falsifying research and forced to stop practising.
Once a hero of international medicine,
Dr William McBride has been struck off.
Our aim, of course...
A man of good deeds brought down by a fatal flaw of character.
Is there a reluctance for you to compare yourself to him in some ways?
Yeah, I think so.
I can see the analogies, but in a black-humoured way.
I don't want to have too much ego about it.
He was a world-renowned scientist
and he had a great public downfall, of course, as well.
and he had a great public downfall, But that was a lesson for me too,
to say, "Always be honest.
"Always, always be honest."
And if you're in the shit, don't dig it deeper by denying...
And if you're in the shit, ..denying the obvious.
OK, welcome to The Ops Room.
I'm Ghost Three-Zero,
and while that sounds a little bit gimmicky,
and while that sounds it's not.
The ADF eventually dismissed it's not.
The ADF eventually dismissed McBride's complaint
The ADF eventually dismissed and most of his concerns.
So, he took matters into his own hands.
The Ops Room was the brainchild of a guy called Major David McBride.
The Ops Room was the brainchild He was very smart, very nice,
um...
..but that killed him.
In 2016, he started posting videos on social media. ..but that killed him.
In 2016, he started posting videos on social media.
McBride was still working for Defence at this point.
The generals of the Australian Army,
probably for their pathetic-ness,
they had it in probably for their pathetic-ness,
they had it in for the special forces.
Do you think you do come across a bit unstable in those videos?
I don't know, I haven't watched them. Possibly.
But, I mean, it's not relevant.
I was trying to create attention
and I was trying to achieve an important mission.
He published his internal complaint on a blog he called The Ops Room.
One of his grievances
was the ADF's recruitment drive One of his grievances
was the ADF's recruitment drive to increase the number of women.
McBride accused senior leadership of valuing gender over capability.
What was it about that that seemed to upset you so much?
It was all bullshit. That was the problem.
We don't need to look into someone's pants It was all bullshit. That was the problem.
We don't need to look into someone's pants
when they join the defence force. to look into someone's pants
when they join the defence force.
We take people who are good.
in the defence force.
We need more good people in the defence force.
We don't need more men. We don't need more women.
We don't need more dark-skinned people. We don't need more Muslims.
We need more good people.
OK, this is ground zero.
Empty bachelor apartment.
McBride's life was spiralling out of control by this stage.
Separating.
He decided to end his marriage with Sarah.
In order to have that conversation, I had to get high,
I had to take the prescription amphetamines, a lot of 'em,
I had to take the prescription because it's...it's...
..it's a very hard conversation to have.
..it's a very hard conversation But knowing that I would never be
the father of the family
in quite the same way that I was then
in quite the same way and knowing...
As I remember leaving that day
and crying and crying and crying
It still makes me...
..emotional now.
But to know that I would never ..emotional now.
But to know that I would never be that person again
But to know that I would never and what I had lost and, um...
SARAH MCBRIDE: It was devastating at the time.
It was incredibly hard to hear,
but, knowing David well enough It was incredibly hard to hear,
but, knowing David well enough
and what he believed was the right thing to do,
I had to go,
and, rather than push against it,
I kind of had to go with it.
(BELL DINGS)
As McBride continued posting online,
he drew the attention of a journalist.
Dan Oakes is a senior reporter with the ABC's Investigations team.
He's never spoken publicly about McBride being a source.
DAN OAKES: Finally decided after all this time
that it's important that the people know the truth about what happened.
It's a much greyer and murkier and messier story than people appreciate
It's a much greyer and murkier and and I guess, you know, in the end
that's what it comes down to.
Let's go back to the beginning for a bit
because I want to understand how it was
that you first came across David McBride?
I believe that somebody that you first came across David McBride?
I believe that somebody
pointed me towards a website
that David McBride had put up.
It was clear he had significant inside knowledge,
It was clear significant experience in this field
and, you know, quite obviously had a gripe,
and, you know, people who have gripes will talk to you.
So, that's just like 'ding, ding, ding!' for a journalist?
So, that's just like Absolutely, yeah.
And then it was, you know, a case of, yeah,
how can I sit down with this guy and have a more extended chat?
And we had a long talk about it
and I was prepared to give them secret documents.
In doing so I was risking jail myself. and I was prepared to give them secret documents.
In doing so I was risking jail myself.
I already knew that. And that's how much I believed in it.
I already knew that. And that's I knew right from the beginning.
McBride handed over his original complaint
along with thousands of pages of supporting documents,
including classified investigations into SAS soldiers.
What was the story that David McBride wanted told?
He really simply wanted the story to say
that the special forces in Afghanistan
were being unfairly targeted and unfairly scrutinised
and investigated when they shouldn't have been investigated.
So, he's starting over here
saying that SAS troops
are being unfairly targeted and over-investigated.
How different then is the story that you ended up pursuing?
Well, it was diametrically opposed, wasn't it?
The more I looked into it, I couldn't conceive
of how anyone would claim that these guys
were being too tightly monitored.
It was precisely the opposite.
I mean, the picture that became clear
was just one of Afghanistan being a black hole
was just one in which events occurred.
What happened out in the field stayed out in the field.
And I realised that it was a big story.
I was also aware there had been very little or next to nothing reported
about allegations of war crimes to that date.
Did you speak to David McBride before the Afghan Files were published?
I did, I rang David and his response was simply,
I did, I rang David "You do what you've got to do,"
and he hung up.
And then the Afghan Files and he hung up.
And then the Afghan Files were published.
And then the Afghan Files (GUNFIRE)
VOICEOVER: Tonight we reveal serious allegations
that Australian soldiers may have committed unlawful killings
during Australia's longest war.
7:30 has spoken to 10 other former and current soldiers.
They agreed that a culture of recklessness
infected some elements of special forces in Afghanistan
around who was a legitimate target and who wasn't.
I remember the exact moment I saw it,
and I was about to get on a plane to Sydney,
and I was like, "Uh-oh."
And I knew it was the documents that I'd given them,
And I knew it was the documents and I knew I was in the frame.
The ADF had discharged McBride six months earlier.
The ADF had discharged McBride When the story broke
they immediately referred the leak to the Australian Federal Police,
which launched an investigation.
What were you prepared to do to protect McBride as a source?
I would have done anything, I mean anything required.
Go to jail? Yeah, absolutely.
You can't work as a journalist I don't think Go to jail? Yeah, absolutely.
You can't work as a journalist I don't think
if you're not willing to go to the absolute lengths,
you know, the ends of the earth
to protect a source.
The police were closing in.
McBride made the decision The police were closing in.
McBride made the decision to flee to Spain,
McBride made the decision leaving behind his young family.
After a year in hiding
he risked it all,
returning to Australia for a father-daughter school dance.
(EAGLE ROCK BY DADDY COOL PLAYS)
JAMES MCBRIDE: I'm dancing with a couple of my friends in the crowd,
and he comes up behind me, and I just turn around...
..and I was in shock.
I put my hands over my mouth and we hug and it was...
..one of the best nights ever, actually.
..one of the best nights ever, It was really, really nice.
He did not want to let his daughter down, whatever the cost.
And that's what then triggered the chain of events once he got back He did not want to let his daughter down, whatever the cost.
And that's what then triggered the chain of events once he got back
And that's what then triggered and I received the call
that he'd been arrested.
In a full confession to police
McBride admitted giving classified documents to Dan Oakes and the ABC.
DAN OAKES: We received an email
saying essentially, "This is the Federal Police.
"You're a suspect in a crime."
I guess seeking our cooperation
and asking if we would search I guess seeking our cooperation
and asking if we would search our own systems
for documents that they were looking for.
And then, you know, I guess eventually
they realised they were gonna have to come in through the front door
and search for it themselves.
(BEEPING)
So, what we'd be looking for firstly is secure communications
between Mr McBride and Mr Oakes concerning military information.
My first reaction was,
"What are they gonna find My first reaction was,
"What are they gonna find and what are they gonna do with it?"
The AFP did not find any secret documents at the ABC.
The AFP did not find It was a massive step.
I don't think it had been done in Australia before.
I mean, it gets to the heart of all those big questions, obviously,
about media freedom and national security
about media freedom and the treatment of whistleblowers.
Prosecutors ultimately decided
charging Dan Oakes was not in the public interest.
They persisted with the case against David McBride.
I was confronted with the prospect that I was gonna walk away scot-free
I was confronted with the prospect and David was gonna be prosecuted,
and for me that was really, really difficult to deal with,
it had a substantial effect on me.
Oakes and McBride haven't spoken since the stories were published.
McBride was unhappy with the way the ABC used the documents.
But by 2020
his legal team was publicly crediting him with exposing war crimes.
(WHISTLES BLOW)
SUPPORTER: (ON MIC) How about we all join them on the stage
SUPPORTER: (ON MIC) How about for a photo with our whistles
and the three whistleblowers for a photo with our whistles
and the three whistleblowers at the front?
It's a narrative that media, politicians and human rights groups
It's a narrative that media, have since run with.
SUPPORTER: Let's all do this have since run with.
SUPPORTER: Let's all do this tomorrow at the court for Dave!
SUPPORTER: Let's all do this (CHEERING, WHISTLES BLOW)
DAN OAKES: They've adopted him as a whistleblower and a martyr,
and, so, I wouldn't say it's entirely down to him,
but certainly the narrative that's being portrayed
but certainly the narrative is not 100% correct.
He never at any point, I believe,
mentioned war crimes or showed any desire to uncover war crimes
or have people punished for war crimes.
or have people punished Stand there and think of nothing.
Do you think that he does deserve the public support?
MARK DAVIS: Oh, no, he does deserve it. I've got no question.
MARK DAVIS: Oh, no, he does I've got no question about David,
that he made a significant difference
in revealing the behaviour of Australian forces.
He didn't mean to, though. That wasn't his intention.
He didn't mean to, though. I don't think that's correct.
It's apparent within the material, I don't think that's correct.
It's apparent within the material,
by the virtue of giving it, by the act of giving it,
he wants someone to do something with it.
he wants someone And it's exactly what happened.
So, there's a duality to McBride.
He's defending soldiers who are So, there's a duality to McBride.
He's defending soldiers who are improperly accused of war crimes.
What's wrong with THAT? I mean, it's a good thing.
What's wrong with THAT? He should be proud of it.
I'd act for him if that's all he did.
My jury whisperer says don't wear a tie.
My jury whisperer (CHUCKLES)
These are my suits (CHUCKLES)
These are my suits to win the jury over.
These are my suits One on one day, one the other day.
A few days out from his trial,
McBride is packing his bags for Canberra.
These are socks from the kids.
Ex-wife, Sarah, is helping him.
You've gotta look like the everyman.
but if you're gonna go down,
you may as well but if you're gonna go down,
you may as well go down looking good, I guess.
Looks like Sarah is gonna be repacking a lot of this.
Yeah, she's gonna do it again. She's gonna do it properly.
I'm very, very, very grateful to have her.
Otherwise I would not be here.
I love you very much. No comments right now!
Alright, buddy, you're coming.
In court he'll be supported by his assistance dog, Jake.
In court he'll be supported In you go.
McBride is diagnosed with PTSD.
OK!
Have you got everything?
I'll bring it with me if Jake's ready to go. Alright.
Aw, OK. Thank you.
See you on Sunday. OK. (SPEAKS INDISTINCTLY)
(BAGPIPES PLAY)
(PLAYS TRADITIONAL MELODY)
(VEHICLE DOORS SHUT)
(INDISTINCT CHATTER)
Where are we going?
(SPEAKS INDISTINCTLY)
On the first day (SPEAKS INDISTINCTLY)
On the first day of McBride's criminal trial
his supporters are gathering outside court.
Some of his biggest backers
are high-profile whistleblowers Some of his biggest backers
are high-profile whistleblowers themselves
who exposed corruption and wrongdoing.
TROY STOLZ: While I've still got a breath
and still got my legs working
I'm gonna keep supporting David.
I'm gonna keep (CHEERING)
They've been lobbying (CHEERING)
They've been lobbying the federal government
They've been lobbying to stop McBride's prosecution,
which has cost taxpayers millions.
(CHEERING)
McBride arrives to a hero's welcome.
(WHISTLES BLOW) Thank you, everybody!
(CHEERING) Thank you, everybody!
(CHEERING, WHISTLES BLOW)
Inside he'll face prosecutors who deny he's a genuine whistleblower.
Thank you, everybody. Thank you, everybody.
SECURITY: Away from the door, please!
SECURITY: Away from the door, You are part of my family.
MARK DAVIS: Quick, David, quick. We've got a minute, mate.
Today I serve my country.
(CHEERING, WHISTLES BLOW)
And the question I have for you, Anthony Albanese,
is who do you serve?
(CHEERING, WHISTLES BLOW)
This way.
Camera back.
No camera. Go away.
SECURITY: Sir, you need to go back. Go away.
(WHISTLES BLOW)
The case gets underway.
The judge hears legal argument on a pivotal issue -
The judge hears legal argument the definition of a soldier's duty.
Prosecutors say it's about obeying orders.
McBride's defence says soldiers have a higher duty
to serve Australia's national interest.
Mark, can we grab you for a sec?
There seems to be a lot riding on this argument of duty.
Is there any point in the Crown continuing if you win the argument?
Is there any point in the Crown Well, it's a...it's a...
..it's a central issue.
If we win it,
well, we'll be pretty happy.
I mean, it's a very difficult mountain for us to climb.
A lot is riding on the failure or success of today's argument.
Thank you. OK.
After two days of legal argument
it's finally D-day for the definition of duty.
Either way, I think the judge will be against us on the duty question.
What kind of toll is this taking on you personally
What kind of toll at this stage of things?
I'm pretty strong.
It's just about killed me,
and there'd be plenty of people who wouldn't survive this.
If I ended up being treated as a traitor and a pariah,
it would be really effing hard for me to go on, I have to say.
it would be really effing hard Today I feel alright.
I'm looking forward to tell my full story.
But there are times when I am really close.
That's... That's a lot to...
..to say out loud at this point.
Yeah.
But you've won my confidence,
and, you know, I don't mind sharing that with you.
But yeah, no, I... I was close the other night.
Alright. OK. Thank you.
Inside, Justice David Mossop hands down his decision.
(WHISTLES BLOW)
Not much happened.
So, just explain to me what happened in there?
Well, the judge went through all our arguments yesterday
Well, the judge went through to say what does duty mean?
And he downed the ball
and he said duty just means to do what you're told by your superiors.
There's no exceptions, there's no defence.
His barristers have one last shot.
They ask for leave to appeal the judge's decision the next day.
But there's a bigger obstacle
to McBride's defence,
and it's playing out in secret
under national security laws.
Right, so, they've just closed the court.
So, now there's a secret hearing taking place upstairs,
and all we know is that it relates to sensitive intelligence information
and all we know is that it relates that involves Australia's allies.
It's a unique situation.
The federal government is an extra party in court
The federal government with its own legal team.
They want to remove certain documents from the trial
that McBride wants for his defence,
claiming it's in the public interest to withhold the information.
MARK DAVIS: It's a secrecy provision where the government says,
"You're not gonna reveal that document in a courtroom."
It's walking in, thief in the night, and walking out.
Have you seen him? Is he here?
The following day
things go from bad to worse.
Are you alright, David? Yeah, a bit frazzled.
McBride loses his bid
to appeal the judge's ruling McBride loses his bid
to appeal the judge's ruling on the definition of duty.
This means the jury will be told
there are no exceptions to a soldier following orders.
Something seems to be brewing,
the secret hearing is still taking place upstairs,
but David McBride and his senior legal team
have now left court quite suddenly to have a meeting together.
It seems like an emergency briefing of some kind,
It seems like an emergency briefing which suggests that there could be
a dramatic turn of events which suggests that there could be
a dramatic turn of events this afternoon.
(INDISTINCT CHATTER)
McBride's defence is in crisis.
Mark Davis says national security laws
are already hampering their defence,
but if the government has its way, McBride can only lose.
but if the government has its way, It is fatal to a fair trial.
He has NO chance.
No chance!
If they can walk off with the evidence,
what chance can you have before a jury?
DAVID MCBRIDE: I love you so much. Georgie's the best hugger.
DAVID MCBRIDE: I love you so much. Even as a little one-year-old
she used to come in and give me hugs.
The next morning, McBride's lawyers ask to see him urgently.
The next morning, McBride's lawyers Ah.
Thank you for everything.
OK, see you later.
They couldn't say exactly what on the phone,
but it sounds like we're gonna talk about a plea deal.
I've always said I will never give up on this
I've always said and I will never plead guilty.
It may be and I will never plead guilty.
It may be that that's what I have to do -
plead guilty, hold my head up high
and say, "Well, if that's the law, that's the law."
McBride has waited five years to defend himself in front of a jury.
Come on.
It could all be about to end before he even takes the stand.
It could all be about to end Here he is. Alright, boss?
(SIGHS)
Could be the last decent lunch for a while.
McBride has made up his mind -
he's going to plead guilty.
I brought you a jacket and a shirt,
but it's up in the chambers. That's good. Thank you.
With a few minutes to spare before court, he sits down with us.
With a few minutes to spare It's just an emotional time.
I said even if I'd won the case,
the first thing I'd want to is cry.
You hold the emotions down for as long as you possibly can,
and whatever happens, whenever you change from one phase to another,
and whatever happens, whenever you the emotion comes out,
and then you sleep and you reset the emotion comes out,
and then you sleep and you reset and you get charged
and wake up and start on the next phase.
And now, speaking of which, I've got to go across.
And now, speaking of which, Yes, Jake!
Thanks, David. Thank you.
Thanks, David. We'll see you up there.
In a deal with prosecutors,
McBride pleads guilty to one charge of stealing
and two charges of unlawfully sharing secret military information.
and two charges of unlawfully (WHISTLES BLOW)
SUPPORTER: (ON MIC) (WHISTLES BLOW)
SUPPORTER: (ON MIC) Mark Davis and David McBride.
SUPPORTER: (ON MIC) (CHEERING, WHISTLES BLOW)
The judge upholds the federal government's bid
to remove evidence from his defence.
An extra burden today
was that the Crown, the government,
was given authority was that the Crown, the government,
was given authority to bundle up evidence
was given authority and run out the back door with it.
They've taken it from us.
He's no longer able to put it before a jury.
That is a fatal blow.
It makes it impossible
for us realistically to go to trial.
I'm not giving up hope.
He's done the right thing.
I've said that from the beginning.
Truth and justice will prevail.
And I'm incredibly proud of him, as are his two girls.
And I'm incredibly proud of him, (CHEERING, APPLAUSE)
McBride is allowed out on bail until sentencing.
SARAH MCBRIDE: I will never back down
from believing in that this was the right thing for him to do.
McBride is fighting to keep his name in the headlines.
Today he's doing a photoshoot for the cover of a magazine.
DAVID MCBRIDE: You do have to have a little bit of showmanship,
you do have to get out there and spruik yourself.
Some of it works, some of it doesn't.
But if you want to win you have to do it.
Do you like the attention?
I don't hate it, but I'm aware that it brings enemies as well as fans.
Not all the publicity is favourable.
The credit he's received for exposing war crimes
The credit he's received is now being scrutinised.
He was not blowing the whistle to reveal war crimes.
He has acknowledged he was doing the reverse.
DAN OAKES: I don't derive any pleasure
from the fact that people are now becoming aware
of what David McBride was claiming
when he first came forward.
I just think it's important that the truth is told.
All the evidence to date, evidence that we uncovered at the ABC,
other journalists have uncovered, Justice Brereton uncovered,
it's clear now that this is a significant problem,
that our guys over there were insufficiently restrained
and probably should have been investigated more.
Dan Oakes' reporting has come at a great personal cost.
I don't like it when I see journalists becoming the story.
I don't like it at all. And it's...
So, it's quite awkward I don't like it at all. And it's...
So, it's quite awkward sitting here discussing this.
Look, it had a significant effect.
It had a massive effect on me mentally and morally
It had a massive effect on me and even physically.
You know, I became quite unrecognisable
You know, I became as the person that I was,
and the people around me, really,
they were the ones who paid the price for that.
$22.20. There you go.
What triggered that aftermath for you?
For me it was always guilt and shame
For me about what happened to David.
David is the one that's gonna pay the price for this,
not me,
and, yeah, I don't think there's ever gonna be a time
where I don't feel some guilt and shame
over the fact that that happened.
(LAUGHTER, CHATTER)
DAVID MCBRIDE: Whether I'm a war-crimes whistleblower
DAVID MCBRIDE: Whether or a defence-force whistleblower,
it doesn't really matter in the sense
that I'm someone that stood up for what I believed in,
and I'm prepared to go to jail for it.
David McBride says he's never wavered in what he believes in.
You have been made out as though you exposed war crimes,
but that actually wasn't your intention.
You were saying that the SAS were being over-investigated.
How do you respond to that kind of criticism?
I've always been about the leadership.
The war crimes were a symptom of that,
I think they were a symptom of bad leadership,
and the people in my sights
have always been the generals.
Certain parts of the media may have misunderstood what I stood up for,
Certain parts of the media may have but if people don't understand me,
that won't kill me.
McBride will find out his fate later this year.
I don't want to go to jail,
but I'm not afraid of it in that I'm very much focused on the mission,
and the mission is not to avoid jail,
and the mission it's not to go to jail,
it's to get change in Australia.
Now, I will do that whichever way I can.
Jail may be just a phase in that operation.
So, you going to jail you think might prove that point?
Something dark inside of me
says it's the only way it's gonna happen.
(THEME MUSIC PLAYS)