David McBride pleads guilty (ABC)
#whistleblowers #Law #justice #Australia

McBride had planned to defend himself against the charges by relying on the oath of service he swore to the Queen when he joined the military. His lawyer, Stephen Odgers, argued that this oath gave McBride a duty to reveal information if it advanced the interests of the Australian public. But Justice David Mossop found McBride had no legal right or obligation to breach orders, and his actions were not justified by public interest.

This preliminary ruling would have shaped what the jury was told, when it convened next week.

Outside court, defence lawyer Mark Davis foreshadowed a possible appeal. He noted t*he judge's decisions meant important trial evidence would have been heard in secret, away from the jurors*, dealing McBride's defence "a fatal blow".

"That limits what we can say to the jury on his behalf, in terms of his duty as an officer and the oath he took to serve the interests of the Australian public," Mr Davis said. "Well, the ruling was he doesn't have a duty to serve the interests of the Australian people; he has a duty to follow orders. And that's a very narrow understanding of law in our view, that takes us back to pre-World War II."