The ACT Court of Appeal has ruled that parts of the ongoing prosecution of Bernard Collaery should be open to the public.

Collaery, a lawyer and former ACT Attorney-General, has been charged with offences relating to the alleged disclosure of information about Australia’s bugging of the cabinet office of Timor-Leste during sensitive oil and gas negotiations in the early 2000s.

Former Attorney-General Christian Porter had invoked the National Security Information (Criminal and Civil Proceedings) Act 2004 in an attempt to prevent the Collaery case being heard in public. Last June, the trial judge granted the orders sought by Porter.

Collaery’s legal team subsequently appealed. On Wednesday, the ACT Court of Appeal upheld the appeal, determining that there was a significant risk of damage to public confidence in the administration of justice if certain evidence in the case was not publicly disclosed.

The Court remitted the matter for further consideration.

Human Rights Law Centre Senior Lawyer Kieran Pender said:

“Today’s outcome is a landmark win for transparency in Australia. It means the public will be given at least some visibility into the case against Bernard Collaery, who helped expose the immoral actions of the Australian government in Timor-Leste.”

The Human Rights Law Centre is urging the Commonwealth Director of Public Prosecutions to exercise its discretion to discontinue the case given the lack of public interest in prosecuting whistleblowers, and says that the prosecution of Collaery and other whistleblowers highlights the urgent need for law reform.

“While it is welcome news that this prosecution won’t go ahead in complete secrecy, it shouldn’t go ahead at all.

“This prosecution, and those against whistleblowers David McBride and Richard Boyle, are profoundly unjust. There is no public interest in punishing people for telling the truth about wrongdoing.”

In June ex-intelligence officer Witness K, Collaery’s former client, was given a three month suspended jail sentence.

“Five years ago, an independent review told the government that its whistleblower law was broken and needed to be fixed. Half a decade later, the government has been happy to green-light whistleblower prosecutions but has failed to fix the law to make it easier for people to do the right thing and speak up about wrongdoing.

“The Morrison Government urgently needs to reform Australia’s whistleblowing law. People who speak up about wrongdoing should be protected, not punished.”

Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au