Australian police clear ABC journalist over 'Afghan Files'
October 15, 2020
Australia's federal police confirmed on Thursday that they would not charge ABC journalist Daniel Oakes for his involvement in the revelation of potential war crimes by the Australian military in Afghanistan.
Oakes was facing three charges connected to obtaining classified information. He was the last of three journalists to be cleared of charges that came following a police raid on the Australian Broadcasting Corp head offices in Sydney on June 5, 2019.
Commonwealth Director of Public Prosecutions Stephen Herron's office released a statement saying that while it had found "reasonable prospects" of convicting Oakes, after considering the role of public interest journalism in Australia's democracy, it "determined the public interest does not require a prosecution in the particular circumstances of this case."
A long-awaited 'relief'
Oakes welcomed the news as a "considerable relief" after a long wait. "It doesn't come as a surprise to me that it's taken this long to resolve this matter, but look, it's obviously not ideal and it has been a very difficult three years," he said.
The broadcaster reacted to the decision, saying that the "whole episode has been both disappointing and disturbing."
ABC's Managing Director David Anderson welcomed the decision — but lamented how long it had taken.
"Journalists in this country should not be prosecuted for doing their jobs and legislation needs to be changed to provide proper protection for journalists and their sources when they are acting in the public interest," he said.
'Factual and important' reporting
Anderson also defended the original publishing of the story, saying that the "Afghan Files is factual and important reporting which exposed allegations about Australian soldiers committing war crimes in Afghanistan."
"Its accuracy has never been challenged and it remains online for audiences to read," he added.
Read more: US blacklists two ICC officials over Afghanistan war crimes probe
The ABC journalists published stories known as the "Afghan Files" based on leaked documents which revealed the possible illegal killing of Afghan civilians, including children, carried out by the Australian special forces.
The whistleblower, David McBride, was a military lawyer. He is still facing prosecution for allegedly leaking the documents. If found guilty, he could be sentenced to up to 50 years in prison.
"I am justified in doing so because our government was breaking the law... If the government commits war crimes, it is the duty of an officer or a lawyer to speak up about it," McBride told the DPA news agency last year.
ab/rc (dpa, AP)