Justice finally arrives for Bernard Collaery but damage has already been done

On the final day of summer season, 2013, lawyer Bernard Collaery sat right down to pen a missive to a shopper identified solely as Witness Okay. The shopper, a veteran of the Australian Secret Intelligence Service, had spent years stewing over his involvement in an Australian mission to bug the workplaces of Timor-Leste throughout 2004 negotiations to carve up essential oil and gasoline sources.

He had sought out Collaery to assist him appropriate an everlasting unsuitable, one which had betrayed an impoverished ally to learn Australia and a group of firms looking for to take advantage of the Timor Sea reserves for billions of dollars.

Collaery’s letter burned with the identical sense of injustice held by his shopper. He instructed Witness Okay he had been “an instrument” in Australia’s “gross hypocrisy and unfairness” of pretending to assist growing nations whereas robbing them of pure useful resource income to the advantage of oil and gasoline corporations.

“You might be nonetheless burning with resentment, you're nonetheless looking for justice,” Collaery wrote.

However justice has lengthy proved elusive on this sordid affair. Of their efforts to assist Timor-Leste, Collaery and Witness Okay discovered themselves the goal of a prosecution that has hovered over their heads since 2013, when Collaery’s workplace was raided and Witness Okay’s passport was seized.

The following years have seen their lives shattered, thousands and thousands in taxpayers’ dollars wasted, and ongoing hurt to relations with certainly one of our closest neighbours within the Indo-Pacific.

On Thursday – for Collaery, at the least – it lastly ended. Greater than 4 years for the reason that costs towards Collaery have been first revealed, the nation’s new lawyer normal, Mark Dreyfus, introduced he had directed commonwealth prosecutors to drop the case, saying he had “decided this prosecution ought to finish”.

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The announcement drew instant reward from Collaery’s authorized crew, who described it as a “principled stance” towards a political prosecution that had “no discernible public curiosity or nationwide profit to the commonwealth”.

The reality is, on many ranges, the harm has already been performed. The case has consumed Collaery since his workplaces have been raided in 2013. It has now all however destroyed his authorized follow.

For Witness Okay, who pleaded responsible years in the past, at the least three psychiatrists gave proof that the case had been debilitating for his psychological well being, compounding the post-traumatic stress dysfunction he developed after his service in Vietnam.

Nevertheless it’s not simply the people concerned in these protracted proceedings who've suffered. The prosecutions have been the reason for continued frustration for Timor-Leste, whose leaders repeatedly urged Australia to drop its prosecution of the lads.

“One factor is to spy, interact in bugging and different actions when dealing with unfriendly, hostile and sworn enemy powers like North Korea,” the Timor-Leste president, José Ramos-Horta, instructed the Guardian earlier this 12 months. “One other is when the federal government of a supposedly benevolent, free and open society like Australia, engages in espionage actions on behalf of oil corporations and utilizing the duvet of Australia’s supposedly altruistic overseas support program.”

Dreyfus’s announcement will go a great distance in therapeutic relations with Timor-Leste.

However there’s one other, extra insidious affect of the prosecutions that isn’t so simply mounted.

In pursuing Collaery and Witness Okay so vigorously, and after a lot time had handed, the federal government despatched a transparent message to anybody who has seen injustice or misconduct.

Converse out and we are going to make you pay.

It's going to take rather more – together with lengthy overdue reforms of whistleblower protections and secrecy offences – to treatment that lasting sore.

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