Secret trials have no place in modern Australia: Witness J’s sentencing finally revealed
The Human Rights Law Centre welcomes the long overdue publication of Witness J’s sentencing remarks by ACT Chief Justice Lucy McCallum after years of secrecy.
In deciding to publish the partially-redacted remarks today, the Chief Justice acknowledged that “secrecy is anathema to the rule of law.”
A public trial is recognised by law as a crucial element to the right to a fair trial, and open justice is a central democratic safeguard. The level of secrecy in the prosecution of an intelligence officer known as Alan Johns, or Witness J, should never have happened and can never be repeated.
Between 2018 and 2019, strict secrecy orders were applied to all aspects of Witness J’s case, with the entire prosecution taking place behind closed doors. The federal government invoked the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (NSI Act) to require this secrecy.
Quotes attributed to Kieran Pender, Senior Lawyer at the Human Rights Law Centre:
“Secret trials have a long history in authoritarian states; they have no place in democracies like Australia, where open justice is a fundamental protection of our human rights.
“Today’s publication of the Witness J sentencing remarks brings an end to an alarming five year long saga that should never have happened. It is testament to the media, civil society and the Independent National Security Legislation Monitor that this secret trial was identified, called out and now addressed.
“The government must change the law, in line with the Monitor’s recommendations, to ensure this can never happen again.
“The right to a fair trial is protected in the ACT under the Human Rights Act, but this level of secrecy was permitted by federal law – underscoring the importance of a federal Charter of Human Rights.”
Media Contact:
Thomas Feng
Human Rights Law Centre
Media and Communications Manager 0431 285 275
thomas.feng@hrlc.org.au