A man who leaked classified military documents that revealed allegations Australian soldiers committed war crimes in Afghanistan will find out his punishment after pleading guilty.
David McBride pleaded guilty to stealing classified material and leaking it to journalists.
The prosecution has pushed for the former military lawyer to spend a minimum of two-years behind bars to reflect the severity of his crime, but his lawyers argued for leniency, saying what he did was in the public interest.
David McBride arrives at the ACT Supreme Court earlier this month.Credit: Alex Ellinghausen
Justice David Mossop will hand down his decision in the ACT Supreme Court on Tuesday.
The justice also has the option to impose a suspended prison sentence or an order to serve his time in the community.
In sentencing hearings, McBride’s barrister Stephen Odgers SC argued his “impaired emotional wellbeing” due to PTSD and substance abuse issues contributed to his decision to disclose the documents.
McBride felt he had a public duty to do so, he contended.
But prosecutor Trish McDonald countered this, saying McBride had maintained he did the right thing after getting his mental health under control and recovering from his abuse issues.
McBride not only breached defence protocol but his duty as a lawyer to not disclose confidential information, she argued.
Further, he was motivated by “personal vindication” to show he knew more than others, the prosecutor told the court.
The leaked documents led to reports about Australian special forces soldiers committing alleged war crimes.
AAP
Source Agencies
