WATCH: CN Live! — Whistleblower David McBride ‘Followed the Law’ But Will Be Sentenced Tuesday

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CN Live!‘s Cathy Vogan discusses the case of Australian whistleblower David McBride, who will be sentenced tomorrow in Canberra, with lawyer Eddie Lloyd. 

Cathy Vogan reporting for Consortium News from Sydney Australia is about to head off to Canberra to report on the sentencing [on Tuesday] of David McBride, a former military lawyer who was charged with stealing government documents and giving them to journalists to reveal covered up murders of unarmed civilians by Australian soldiers in Afghanistan.

McBride’s defense had rested on the court accepting his argument that he had a duty to do so beyond obedience to military orders but the trial judge Justice David Mossop said he would instruct the jury to disregard any public interest in the defense. “There is no aspect of duty that allows the accused to act in the public interest contrary to a lawful military order,” he told the court.

“We do not own Australia. America owns Australia.”  — Eddie Lloyd. 

McBride’s legal team tried to appeal that decision in November [relying also on the Nuremberg principle] but the application was denied by Supreme Court Chief Justice Lucy McCallum. Then agents of the Attorney General’s office entered the courtroom to remove classified documents from the defense’s possession, which McBride’s team had intended to present to the jury.

This effectively left McBride with no real alternative but to plead guilty and he appeared last week for sentencing, half expecting to be led off to prison, but after a full day of hearing arguments on how McBride should be dealt with, Justice Mossup deferred his decision for a week and we are back in court tomorrow, Tuesday, to learn of his fate. 

The government wants McBride to serve about four years in prison though the judge has the option of subjecting him to monitoring and counselling with restricted movements. Whether his actions caused harm is the key factor and there is no evidence that it did. 

Cathy Vogan has reported live from the inside the courtroom throughout these hearings alongside lawyer Eddie Lloyd who joins CN Live! today. 

“The mainstream media have been absent in the case of David McBride. They are in bed with the government.”

Lloyd argues that as a lawyer McBride’s duty was bound by law to the court and to the public to reveal wrongdoing, rather than to the interests of the military. She cites this legislation:

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