Australian whistleblower David McBride will not have his prison sentence reduced. The Australian Capital Territory Court of Appeal ruled on Wednesday, rejecting McBride’s attempt to appeal the five-year and eight-month sentence he was handed down last year.
McBride, a former army lawyer, pleaded guilty to stealing and leaking classified documents about war crimes committed by Australian special forces in Afghanistan between 2005 and 2016. This information was then used as the basis for ABC’s high-profile investigation, The Afghan Files, in 2017.
In his appeal, McBride claimed that he had acted in the public interest, citing the oath he had sworn as a member of the military. However, the court rejected this argument and ruled that the oath actually obliged him to act “according to the law“.
– It is my own conscience and the people of Australia that I answer to. I have kept my oath to the Australian people, McBride said in a statement through his lawyers.
– People who have stood up for what is right in history have suffered far more than I have. … It is a great privilege to sacrifice for the country and I am confident the outrage produced by this judgment will be felt by all Australians. I will not give up.
“It can’t be illegal to tell the truth”
McBride can apply for parole after serving two years and three months, which means August 2025 at the earliest. However, his lawyer Eddie Lloyd says he will probably not be able to begin parole hearings until August 2026.
The decision has drawn criticism from rights groups and lawyers, who point out that McBride is the only person so far to be jailed over allegations of war crimes in Afghanistan. A 2020 military report recommended that 19 soldiers be investigated for 39 cases of suspected war crimes, but only one – Oliver Schulz – has been charged so far.
Australia’s most decorated soldier, Ben Roberts-Smith, recently lost a civil case that found he had killed four unarmed Afghans in violation of the laws of war, but he has not yet been charged.
“It cannot be a crime to expose a crime. It cannot be illegal to tell the truth”, McBride’s lawyers wrote, announcing that they will now take the case to Australia’s highest court.
Statement re the Appeal Judgment. Please share #FreeMcBride pic.twitter.com/3jzn1x7lZz
— Eddie Lloyd (@worldzonfire) May 28, 2025
“Those who committed the crimes are walking free”
The lawyers are also calling on Justice Minister Michelle Rowland to pardon McBride. Her office declined to comment, but said it was considering further protections for whistleblowers in the public sector.
– David should never have spent a single day behind bars. Yet as we speak, he is returning to a cold, dark prison cell – preparing for winter in a concrete jungle – while those who committed crimes walk free and those who covered up those crimes have been rewarded with medals and promotions, Lloyd said.
The Nordic Times has previously reported on McBride’s case in connection with his prison sentence.