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Australian whistleblower released on parole after 27 months in jail

Former ADF legal officer David McBride, jailed for leaking defence secrets, is granted parole after serving over two years; his case led to findings of war crimes in Afghanistan.

Source: bbc.co.uk2 min read
David McBride, former ADF lawyer
David McBride, former ADF lawyer (David McBride pleaded guilty to leaking military secrets to the media in 2023.)

In brief

David McBride, an ex‑Australian Defence Forces legal officer, was sentenced to five years and eight months for leaking top‑secret documents to the media in 2023. After serving 27 months in prison, he has been granted parole and will serve the remainder of his sentence under community supervision. The leak, which exposed alleged unlawful killings by Australian forces in Afghanistan, triggered a landmark inquiry and the Brereton report. McBride’s case highlighted tensions between national security and freedom of information. He is also undergoing treatment for lung cancer, and his parole is seen by some as a chance for rehabilitation.

Former Australian Defence Forces (ADF) legal officer David McBride was granted parole after serving 27 months in jail for leaking top‑secret defence documents to the media in 2023.

In October 2024 McBride was sentenced to five years and eight months, a conviction that followed a whistle‑blowing case that exposed alleged unlawful killings by Australian forces in Afghanistan.

The leaks prompted a court‑ordered inquiry, the Brereton Report, which found credible evidence that 39 Afghan civilians were unlawfully killed during the war. The report also led to the establishment of the Office of the Special Investigator to probe the conduct of 19 ADF members.

Attorney‑General Michelle Rowland confirmed that McBride’s parole was considered and granted and that he will serve the rest of his sentence in the community under supervision. Rowland, who is being treated for lung cancer, stated that the decision was made to balance public interest and the offender’s circumstances.

McBride, who has been diagnosed with treatable lung cancer, thanked his family and supporters worldwide, in a statement released by advocacy group The Information Rights Project. He also announced that he will undergo lung surgery to remove part of his lung.

McBride’s lawyer, Edwina Lloyd, said the parole decision was “the right one” and highlighted that McBride’s life has been defined by service to Australia, both as a legal officer and as a convicted offender.

During his court case prosecutors argued that McBride’s actions were motivated by personal vindication and that they jeopardised national security and foreign policy. In contrast, his defence counsel portrayed the leak as an act of honour and duty.

The judge acknowledged McBride’s good character but described the act as a “gross breach of trust” and noted that he had shown no contrition. McBride’s leaked material formed the basis of the 2017 “Afghan Files” series by the ABC, uncovering alleged war crimes.

Repercussions from the investigation continued with charges against two former Special Air Service (SAS) soldiers, including Ben Roberts‑Smith and Oliver Schulz, who face multiple counts of murder for alleged war crimes.

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