AAPP is a coalition of groups and individuals advocating for truth and open justice in the matters of Bernard Collaery, Witness K and whistleblowers David McBride and Richard Boyle. AAPP condemns these politically motivated prosecutions and demands the discontinuance of them. AAPP is also concerned about the secrecy surrounding the trial of Witness J.
Bernard Collaery and Witness K – The bugging of Timor- Leste Government offices.
Bernard Collaery’s prosecution was discontinued by AG Dreyfus on 7 July 2022. We consider that both he and ‘Witness K’ should be adequately compensated for all the stress and monetary loss they have suffered since the raid on Bernard’s offices in 2013, when Witness K’s passport also was taken. The whole matter of the bugging of the Timor-Leste offices will hopefully be investigated by the new ICAC.
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Witness K was an operative of the Australian Secret Intelligence Service (ASIS) in 2004 when he was instructed to place bugs in the Timor-Leste Government offices under the guise of an aid program and during negotiations over the Timor Sea oil and gas resources. Without the government of Timor-Leste knowing of the bugging, a Treaty was signed for the resources with a 50:50 split between Australia and Timor-Leste in spite of the fact that the resources are much closer to Timor Leste than Australia.
Witness K was not comfortable with what had been done and reported his concerns to the Inspector-General of Intelligence and Security, the correct channel for internal complaints. Bernard Collaery, a former Attorney-General of the ACT, was acting as his lawyer in 2013 when both men had their houses raided, Bernard’s papers for the Timor-Leste case in the Hague against the Australian Government were taken as was Witness K’s passport. Charges were laid against both of them in mid 2018, with the approval of the former Attorney-General Christian Porter. The arrests came just three months after a new Treaty was signed, the previous one being void when the bugging became public. The new Treaty gave Timor-Leste a larger share of the resources.
Since that time the total number of court hearings for both men has reached around 50. Bernard has pleaded not guilty and a decision on his appeal against the secrecy in his trial was handed down on 6th October 2021. See the decision here. Future developments in his case will be discussed on a Centre for Public Integrity Webinar at 1pm on 14 October 2021. Register here.
Witness K pleaded guilty and was sentenced in June 2021 to a three month suspended sentence and a 12 month good behaviour bond.
Secrecy has been a hallmark of these trials with ‘national security’ being the excuse. But there is nothing secret now about the bugging, it is common knowledge, and if national security were indeed at risk, the simplest solution would be to drop the prosecutions of both these men of integrity and courage.
By seeking an economic advantage over our poorest neighbours through illegal and unethical activities, the Australian Government was acting not in the interests of the Australian people, but in the interests of Woodside Petroleum and other multinational companies. Alexander Downer, the Foreign Minister at the time, was engaged as a consultant for Woodside petroleum on leaving parliament.
The prosecutions cannot be in the public interest and they continue to cause damage to the relationship between Timor-Leste and Australia. The prosecutions are a travesty of justice and a threat to our system of open justice and to our democracy and should be dropped immediately!
For the most detailed history and documentation of these cases, see the Walking Together, La’o Hamutuk website and also https://justly.info
Support Bernard – discontinued from 7 July 20222
Sign the7Petition – Finalised with 79, 573 signatures.
David McBride – Allegations of war crimes in Afghanistan
Major David McBride served two tours of duty in Afghanistan as a military lawyer in 2011 and 2013. What he saw there in relation to serious war crimes disturbed him and he took his serious concerns to the Inspector-General of Defence. Not receiving a satisfactory outcome from reporting his concerns also to Members of Parliament and others, he took the information to the ABC who broadcast it via a Four Corners program in mid 2017. He was charged in September 2018.
He has since been subject in his hearings to similar bogus ‘national security’ restrictions and secrecy as Bernard Collaery and Witness K. David’s crucial public interest defence has been adjourned to September 20 and we will be showing our support for him at the ACT Supreme court on that day.
Given that an inquiry, the Brereton Inquiry, has been undertaken and that investigations are now underway into specific alleged war crimes, it is outrageous that David is still facing charges for bringing the crimes to public attention. Might he be in jail with the perpetrators of those war crimes? And since when has reporting a crime become a crime? This unjust prosecution should be dropped immediately.
Support David
Sign the petition
Richard Boyle – ATO debt collection
Richard Boyle is facing court in South Australia for divulging the Australian Tax Office’s unfair and unethical debt recovery practices. The controversial and aggressive use of garnishee notices to recover debts devastated businesses and destroyed livelihoods and has since been changed.
He raised his concerns first with the Inspector General of Taxation in 2017, then went public in 2018 when he saw no action. He now faces 24 charges with the possibility many years in prison if found guilty. The Commonwealth Director of Public Prosecutions indicated at a Senate hearing that the case was being reviewed but our hopes that the charges may be dropped have been dashed and the case continues.
Richard is commencing his Public Interest Disclosure Act defence on 25 July 2022. A gathering will be held to support him on that day. See the events notice on the home page.
The Law Report on ABC RN on Tuesday 27 April 2021 addressed Richard’s case.
See Adele Ferguson’s article, ATO whistleblower facing 161-year prison sentence says he ‘almost died from the stress’ ABC News, 3 June 2019.
Other Notable Cases
Stephen Langford
“Activist Stephen Langford is facing two years jail for sticking a piece of A4 paper to a statue of Lachlan Macquarie in Sydney’s Hyde Park.
The retired nurse faced court for sticking the paper on the statue with Macquarie’s own words “All Aborigines from Sydney onwards are to be made prisoners of war and if they resist they are to be shot and their bodies to be hung from trees in the most conspicuous places near where they fall so as to strike fear into the hearts of surviving natives.” The Saturday Paper, 2-8 October, 2021.
Stephen faced court on July 4th in Sydney where the charges were dismissed.
WITNESS ‘J’
Andrew Probyn, Witness J surrenders war medal, accuses his former employer of failing him, ABC News, 10 March, 2020.