It was simple to really feel hopeless, watching from the sidelines as a courageous whistleblower went by hell.
For 4 years now, Bernard Collaery has been in authorized battle with the Australian authorities – dozens of judgments, scores of hearings, hundreds of thousands of dollars and a trial approaching. All for doing the appropriate factor, for allegedly talking up about authorities wrongdoing. And what wrongdoing it was: Australia’s espionage towards an impoverished, war-torn neighbour, to cheat it of billions of dollars within the extraction of oil and gasoline from beneath the Timor Sea.
Collaery was up towards the complete would possibly of the federal authorities, with its numerous legal professionals and barristers, an limitless authorized price range and secrecy legal guidelines tilted in its favour. What hope did we now have that justice would prevail?
I thought of this each time I walked by the doorway of the ACT supreme court docket, previous the hardy souls who gathered, listening to after listening to, to point out solidarity for Collaery and disgust on the actions of the federal government. Led by Kathryn Kelly and Sister Susan Connelly, this group – the Alliance Towards Political Prosecutions – remained upbeat.
Their message was easy and plastered on banners and on a repurposed fireplace truck parked outdoors the court docket: drop the prosecution. They raged towards the deterioration of transparency and accountability on this nation and insisted that Australia may – no, should – be higher than this.
Time after time, as this opaque authorized saga performed out within the supreme court docket, the court docket of enchantment and the excessive court docket, these tenacious residents fronted up and provided one thing outstanding: hope.
For the Human Rights Legislation Centre, I might attend virtually each court docket date. Getting into the constructing every time felt like a lottery – would I be permitted into court docket at this time, or would the secrecy shrouding this case win out?
Generally I, and the small contingent of journalists masking the case, can be allowed to attend for a couple of minutes, earlier than being shepherded out as Collaery’s legal professionals begrudgingly conceded that nationwide safety regulation gave the decide little selection however to expel us. Different instances, safety guards outdoors the courtroom door knowledgeable us that our presence was unwelcome earlier than we had even had an opportunity to enter.
Sometimes we'd be permitted to stay within the court docket room. Daylight would peak by the home windows behind presiding decide David Mossop, and an opaque case would turn out to be just a little clearer.
However overwhelmingly, the charade made a mockery of open justice.
The federal government fought each battle and conceded nothing. At its most absurd, when the court docket of enchantment declined to order a secret trial, the federal government went all the way in which to the excessive court docket, not on a substantive matter of authorized precept, however to maintain that judgment itself secret. It additionally threw secret proof on the case – proof that not even Collaery, the defendant, may see, as Mossop weighed up the extent of secrecy to use to the trial.
The bureaucratic machine was perpetrating injustice, and it appeared unstoppable. Legions of presidency legal professionals deployed towards a solitary whistleblower.
However at each flip, they have been met by the tireless legal professionals in Collaery’s nook. Led by Dr Kate Harrison of Gilbert + Tobin and Christopher Flynn of White and Case, plus a few of the nation’s finest barristers, together with Bret Walker SC, Phillip Boulten SC and Dr Christopher Ward SC, this formidable authorized crew meant that Collaery was not alone. When it mattered, heavyweights of the authorized career stood with one among their very own.
And now, finally, aid. Due to the efforts of Collaery’s legal professionals, due to the scrutiny utilized by the media (notably this publication), due to the advocacy from civil society, and due to persistence of those that stood outdoors the court docket and known as for this to cease, abruptly, it has. An unjust case has ended. Justice has prevailed.
The lawyer common, Mark Dreyfus , ought to be applauded. He made the appropriate choice. However this have to be the start, not the top, of decisive motion from the brand new authorities. Two different whistleblowers stay on trial – Richard Boyle, who spoke up about wrongdoing on the tax workplace, and David McBride, who blew the whistle on potential battle crimes dedicated by Australian forces in Afghanistan. Having intervened to cease the Collaery prosecution, Dreyfus ought to now do the identical within the different two instances.
The lawyer common should additionally guarantee this by no means occurs once more. The Public Curiosity Disclosure Act ought to be amended to make sure it higher protects whistleblowers. Prosecutorial pointers ought to be revised to emphasize the general public curiosity in transparency and that instances towards journalists and whistleblowers undermine democracy.
The nationwide anti-corruption fee, a landmark promise of the Albanese authorities, should embrace a whistleblower safety commissioner inside it.
Dreyfus ought to order an unbiased assessment of the Collaery prosecution, and that of the lawyer’s consumer, Witness Okay, who was given a suspended sentence final 12 months. Consideration ought to be given to expunging the conviction of Witness Okay or in any other case in search of to make amends for the struggling the previous authorities inflicted on these two brave males.
Lastly, an apology to Timor-Leste for Australia’s wrongdoing is lengthy overdue.
Thursday was a very good day for Australian democracy. A lot stays to be achieved, however for a second, we are able to pause and mirror: by collective effort, we achieved optimistic change. Australia is a greater place at this time as a result of hundreds of us spoke up – at rallies, within the media, in letters to our elected representatives – and stated that we'd not stand for injustice.
Collectively, we stated that whistleblowers ought to be protected, not punished.
Finally, that message was heard.
Kieran Pender is a senior lawyer on the Human Rights Legislation Centre
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