Prime Minister Anthony Albanese and the Labor Party hate whistleblowers just as much as former Prime Minister Scott Morrison and the Coalition hate whistleblowers. That can easily be proven on many grounds including but not limited to the fact that PM Albanese and the Labor Party have continued with the prosecutions of whistleblowers Richard Boyle and David McBride.
But the Labor government’s attack on David McBride’s ability to defend himself in court has taken the abuse of the legal system to a new low and Prime Minister Anthony Albanese should be ashamed of himself. Watch David McBride’s recent video below where he explains what happened.
I tried to keep an open mind regarding whether or not Anthony Albanese would protect whistleblowers which I wrote about in August. (Click here to read more) But by October it was obvious that PM Anthony Albanese’s government was hunting whistleblowers the same as the previous Scott Morrison government given they had the bare minimum protections for whistleblowers in the National Anti-Corruption Commission (NACC) legislation. (Click here to read more)
The government has in effect stopped David McBride from arguing he is protected by the Public Interest Disclosure Act (the PID Act). That one action by itself says Anthony Albanese and the Labor Party has no interest in protecting whistleblowers.
The reason the major parties hate whistleblowers is that at times whistleblowers have the power to take down the government of the day by exposing corruption. So, the major parties persecute whistleblowers when they can to send a message to other potential whistleblowers to stay silent or they will also be persecuted.
The Human Rights Law Centre has written an article with all the basic details of both cases which starts off:
Whistleblowers should be protected, not punished. But right now, two courageous Australian whistleblowers are on trial for speaking up in the public interest. These cases are profoundly undemocratic; the Human Rights Law Centre is calling on the federal government to drop the prosecutions and urgently reform whistleblowing laws.
Richard Boyle and David McBride each thought they were doing the right thing. Boyle worked at the Australian Taxation Office (ATO) and grew concerned about unethical, aggressive debt recovery practices pursued against small business owners. McBride was a lawyer in the Australian Army, who while serving in Afghanistan was troubled by apparent wrongdoing by Australian forces.
The Public Interest Disclosure Act (the PID Act) was enacted by federal parliament in 2013, to encourage whistleblowers to speak up and protect them from adverse consequences. Boyle and McBride each tried to follow the PID Act – they blew the whistle internally first, and then to oversight agencies. Only as a last resort did Boyle and McBride go public – both to the ABC. Speaking up publicly is protected in certain circumstances under the PID Act, which recognises the important democratic role of the media and its importance as a safety-valve when things go wrong and whistleblowing is not heeded internally.
Boyle and McBride have both been vindicated. Independent inquiries have verified the wrongdoing they spoke up about. Reform and change has come about as a result, thanks in part to these courageous whistleblowers. Australia is a better place because they spoke up when they saw something wrong.
But Boyle and McBride are currently on trial, for allegedly telling the truth. Each is presently facing a criminal prosecution, alleging they broke the law in speaking up about government wrongdoing. If convicted, Boyle and McBride are both facing potentially lengthy terms of imprisonment. (Click here to read more)
Both cases are hard to follow because of the suppression orders on both matters. Although the suppression orders on Richard Boyle’s matter have been lifted at least to some degree.
The two cases have been in court the last month as they coincidently both had hearings to have their matters thrown out arguing they are protected under the Public Interest Disclosure Act.
Richard Boyle’s case seems to be adjourned waiting for a judgment on the issue and if he fails to have the matter thrown out, he will face trial in October 2023. (Click here to read more)
David McBride’s attempt to argue in court he is protected from prosecution under the Public Interest Disclosure Act has been withdrawn in very suspicious circumstances, to say the least. In the video below which was published on Monday (7/11/22) this week, on his YouTube channel, David McBride tells the story:
It should also be remembered that it was Julia Gillard when she was Prime Minister who falsely accused WikiLeaks and Julian Assange of breaching Australian laws. Anthony Albanese was part of the Julia Gillard government so for people who think the Labor Party is the great defender of whistleblowers you are sadly wrong.
Labor and the Coalition want secret hearings at the National Anti-Corruption Commission (NACC) to protect their reputations, but they are happy to publicly trash other people’s reputations and even more so if they are whistleblowers.
David McBride faces a hearing next year and has set up a GoFundMe page to help raise funds. (Click here for David McBride’s GoFundMe page)
Based on the matters having hearing dates next year and then likely appeals up to and including the High Court of Australia there is a real possibility one if not both cases could be live election issues at the next federal election which is due by May 2025. The irony is Scott Morrison started the persecution of Richard Boyle and David McBride, but Anthony Albanese’s continuance of their persecution could cost Albanese and the Labor Party at the next election.
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Categories: Anthony Albanese, Attorney-General Mark Dreyfus
For fear of continually repeating myself, the ALP are no better than the previous collection of Misfits they deposed, this latest saga of good citizens who have exposed bad happenings in Government and now being pursued by the current administration clearly shows the activities to silence dissent are endless by using every means at their disposal.
As per previous, the new anti corruption commission is a dud, designed to protect the corrupt activities of MPs and their mates at the expense of brave whistleblowers.Could be suggested parts of the judiciary are happy to support their political mates, no such thing as seperation of powers, yet we rubbish other countries for the way they treat their citizens. Australia fares not much better, secret hearings, secret jailings etc.
Little wonder the Australian government is doing NOTHING to help Assange
A “Star Chamber” Action by Government,
Demonstrating ZERO Regard for “ Exposure of The Whole TRUTH, and Zero Regard for The Public Interest……
Looks like Liberal/ Labour Both Thrive in the DARK & GODLESS LAND Called “Legalise BullShit”…!
My blood is boiling after reading the above. The persecution of whistleblowers by the government is rightly a human rights issue, they are torturing these people and the damage is evident. I am bitterly disappointed that the Labor party has shown itself to be as sneaky and immoral as the coalition. I am fearful that the independents have either been charmed by them or are drowning in the swamp. I have been going through the whistleblower process for a long time and feel tortured by it and I can tell you that the government agencies only act to protect themselves and each other – not the truth, not the law. You feel you are at war with the people who tell you to report and they will protect. The experience is so repeatedly contradictory it’s abusive. I don’t know what it’s going to take to force change other than informing the mainstream who then demand more of what’s needed.
On the ball as usual.
The common denominator of The Canberra bubblegum club is that they all stick together. No child shall live in poverty; No member of the CBC shall spend time in the Nick.
I am happy to disclose that on May 21, 2022, I voted for Albo and his mob. They are now making me feel like an absolute fool. They are trying hard to deal with some unfinished business from the former government – BUT …
NOT NEXT TIME. It will be an independent candidate for me.
What is currently going on with this and some other national and international matters, is totally unfathomable and unacceptable! I did not sign up for this!
I cannot remember “palming my forehead” this many times, ever.
Unfortunately, I have a totally and utterly useless liberal as my federal representative.
I am well and truly stuck between a rock and a hard place!!!
Thank You for a great article KCA!
Each generation comes along believing in the political party they support. Some will continue to follow their choice to the end, some will let the scales fall from their eyes but do naught, some will campaign against the corruption that infects politics in Australia. Unfortunately, the latter will always be a minority. At least we try against the entrenched power of the Establishment. But mere ranting will never work. It takes the guts of whistleblowers to point the way. Even if little comes of their efforts, the example of courage should inspire us.
I dreamed that Whistleblowers would be protected by our new government,
and we would have a robust National Anti Corruption Commission.
So disappointing !
I have read or heard of such a fierce & hostile attack against a former military who had served with distinctions no longer recognized by the highest level of Australia’s powerful decision-making incumbents.
What I am able to detect is that Australia’s highest ranked military appointees (if more than one) were unable to cope with or even deny the factual claims by Mr. David McBride, which necessarily fall under the “responsibility umbrella” of same topmost Military Leader appointee.(s.)
With this matter permitted to be adjudged by our former federal government appointed judiciary officials (Judges that preside over all & even the most intricate case matters) the government of the day will demand of the whomsoever government salaried Judiciary employees, to ignore or even abandon the manifest legal principles that dare to deliver pristine justice due to Mr. David McBride.
For they care not if they as Australia’s leadership party government, create another Julian Assange persona) Therefore their abandonment of all sensible reason to halt the dreadful persecution of Mr. David McBride.
Instead such deplorable & irresponsible military duty demands a proxy victim.
http://www.australianconstitutioncentre.org.au/separation-of-powers.html
Looking like how’re government is more about control than freedom reminds me of communist
China
JF,(above), my blood is boiling too. But, for what good may come of it,I’m going to get on the “blower” first thing in the morning & bombard the local offices of both Federal Politicians (lLib & Labor) for my area & give them a blast on the current Whistleblower cases. Similarly with both parties persuing “fake” ICAC policies, such as exempting public hearing, exempting politicians from being investigated & possibly exempting the major news media.
If all your readers &letter writer’s did the same, our “politicians ” might realise we are their employers & we pay their “over-the-top” salaries & perks.We might just get a change !
I have contacted my local federal politician (ALP) twice, first time I was fobbed off by her advisor second time no response. I have also contacted the minister with responsibility for the subject of my PID twice, no response. I have contacted senators, no response. What member of the public supports the the prosecution of Richard Boyle and David McBride? No one does and yet it persists. It is simply cruel and malicious, a grossing misuse of power. I agree with you Sam, action is the only thing that will bring about change, there just doesn’t appear to be any accountability to respond.
I offered back in May that the jury should be allowed 3 years to gather its verdict on the new government. It appears there may be no need to wait that long, and I say this with a heavy heart.
After Mark Dreyfus ordered the CDPP to drop the prosecution of Bernard Collaery, you would think he would have done the same for David McBride and Richard Boyle. But, no. Dreyfus and the ALP agreed with the Liberals that these two whistleblowers should be made an example of to anyone who wants to report corruption in the public service. Their prosecutions are not clearly in the national interest.
It should be no surprise that the ALP wants to turn us into a police state just as much as the Liberals. They supported the Assistance and Access Bill and the Espionage and Foreign Interference Bill. They have made journalism a crime, and journalists can’t even use encrypted communications anymore. Now they have watered-down the NACC.
These two major political parties don’t understand that Australia is a democracy, and we have the power to remove them from office if they harm our democracy in any way. As an Australian, I am more concerned for the future of this country, and so I am putting both major parties last when it is our turn to vote.
Thank you, KCA.
The only reason Mark Dreyfus dropped the prosecution against Bernard Collaery is because it suited him, pure political self interest. The ALP didn’t want Bernard in court because of the increasing risk of what was going to come out and the cost of accountability (in $) and so they spun dropping the case in to a public relations exercise where Mark Dreyfus plays the hero of the hour. What you have left is Bernard, persecuted for years – and let’s pause to think of the human cost of that – who cannot under the law be compensated for what he was put through – it is a disgusting gross injustice. Mark Dreyfus is no hero.
The government should be ashamed of itself.
So should the entire legal profession and the judiciary for playing along with this rubbish.
We need a revolution.
The hardest thing I have ever undertaken and failed disrumbly at was to try and name one Politician that was totally Honest for my sons High School essay. 20 odd years later and I still can’t think or name one of them.
The JUST ICE system has to change, time to “freeze” there salaries & put the judges on performance contracts with a maximum term of 3-5 years.
Politicians need brought back into line & remember they were elected not erected. Elected by the people for the people. If one must vote, vote independant.