Australia’s whistleblowing laws must be overhauled as Witness K returns to court

Witness K, the former intelligence officer charged with revealing that Australian spies bugged the cabinet office of Timor-Leste to gain an upper hand in commercial negotiations, will return to court today facing possible jail time.

Witness K’s case is listed for a two-day hearing in the ACT Magistrates Court.

The hearing was set down for Witness K to be sentenced after he earlier indicated that he would plead guilty to one summary offence of conspiracy, with his lawyer Bernard Collaery, to contravene s 39 of the Intelligence Services Act 2001 (Cth). Witness K faces up to two years’ imprisonment.

However, the sentencing hearing was previously delayed due to disagreement over some of the facts. It is unclear if Witness K will be sentenced this week, or whether the hearing will see the parties contest the factual basis for the sentencing.

Human Rights Law Centre Senior Lawyer Kieran Pender said:

“Australia's whistleblowers are vital agents of democratic accountability. They should be protected, not punished. There is no public interest in prosecuting Witness K, or his lawyer Bernard Collaery.

“As the Witness K prosecution edges closer towards sentencing, we face the very real prospect that this courageous individual will be imprisoned for revealing Australia's misconduct in Timor-Leste.

“This case reinforces the pressing need for Australia's whistleblowing laws to be overhauled. The Morrison Government must urgently reform the Public Interest Disclosure Act to ensure everyday Australians feel safe and supported when they do the right thing and call out wrongdoing.

“The Commonwealth Director of Public Prosecutions should reconsider the prosecution of Witness K before it’s too late, along with Collaery, defence whistleblower David McBride and Australian Taxation Office whistleblower Richard Boyle.

“There is no public interest in prosecuting whistleblowers.”

Media Contact:

Evan Schuurman: 0406 117 937