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David McBride as he faces sentencing

David McBride as he faces sentencing

Released Sunday, 5th May 2024
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David McBride as he faces sentencing

David McBride as he faces sentencing

David McBride as he faces sentencing

David McBride as he faces sentencing

Sunday, 5th May 2024
Good episode? Give it some love!
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Episode Transcript

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0:00

Devin McBride, it's a huge day for

0:02

you. It is. It's D-Day.

0:05

How are you feeling? I feel

0:07

like I left it all on the field

0:10

in the sense that I am... I

0:13

don't like to admit it. And it's a man,

0:16

perhaps, this is soldered, but yeah, I'm

0:18

pretty tired. I've been

0:20

emotional the last week. Small

0:22

things have upset me. And

0:26

that's a good thing in some ways, because it means

0:28

that I've really gone as hard as I can to

0:32

achieve what I wanted to achieve. But I

0:35

can't say that, you

0:37

know, whatever happens today, put

0:39

it this way, it'll be hard to choke back

0:41

the tears, because while

0:44

it's not going to be completely over

0:46

today, it is the end

0:48

of a pretty long phase.

0:50

And yeah,

0:53

emotion is going to come out

0:55

either way. From

0:59

Schwartz Media, I'm Ashlyn McGee. This

1:01

is 7am. In

1:09

recent years, we've faced a reckoning over

1:12

the actions of some of our Special

1:14

Forces soldiers. From reputations as

1:16

war heroes, to allegations they

1:18

committed horrific war crimes against

1:20

civilians. David McBride

1:22

is the former military lawyer who

1:25

first gave journalists documentary evidence of

1:27

killings in Afghanistan. To

1:29

his supporters, he's a war crimes whistleblower,

1:31

but detractors say that was never his

1:33

motivation. During a

1:36

secretive national security trial, he pleaded guilty

1:38

to handing over those files, and

1:40

this morning his sentencing gets underway. Today,

1:43

David McBride on why he did it,

1:45

whether he has any regrets, and how

1:48

Australia keeps its secrets. It's

1:54

Monday, May 6th. David,

2:01

I just want you to take me back to 2011 first.

2:04

You're in the Army Legal Corps, posted

2:06

to Afghanistan. Back then,

2:08

what did you think about the war? When

2:11

you're a soldier, and I've always wanted to

2:13

be a soldier, love being a soldier, and

2:18

if there is a war, your country's fighting and you want

2:20

to be a part of it, I had a bit

2:25

of a dichotomy. I'd been

2:27

to Afghanistan in 2000 when

2:29

the Taliban were running it, as it making

2:31

documentaries. I'd seen a lot of the developing

2:33

world, and I'd

2:35

also been in the British

2:38

Army before that. So I came with

2:41

a fair bit of, I guess I was

2:43

realistic. I didn't think it was going to

2:45

be perfect, but I

2:48

had doubts about the

2:51

larger scale things in

2:53

that we were saying

2:55

we were winning when that

2:57

wasn't at all clear, and

2:59

I suspected it was a case

3:02

of just putting

3:04

out the good news message. And

3:08

politicians came to visit. The

3:10

Prime Minister, Julie Gillard, came

3:12

and the leader of the opposition, as

3:15

he was then, Tony Abbott came and we told

3:17

them how good everything was going. I

3:19

felt uncomfortable about that. The opposition leader,

3:22

Tony Abbott, has visited Australian

3:24

soldiers serving in Afghanistan. Amid

3:26

calls for more troops and equipment,

3:28

Mr Abbott encouraged the troops to

3:31

speak candidly about the situation on

3:33

the ground. I stand in humble

3:35

order of those who don't just

3:37

risk their injuries. I put

3:39

their lives on the line every

3:42

day, and I have a country. I

3:45

had no doubts about the bigger pictures in

3:47

the war to say how

3:50

much of this is windowed dressing for

3:52

domestic political audiences and how much of

3:54

this is actually trying to do

3:57

a good job And actually...

4:00

The situation. And.

4:02

They you're watching All of this happens.

4:04

Was. There a particular thing that happened

4:06

in. Your work environmental the crossed

4:09

your desks. That. Really

4:11

with a turning point for you. It

4:14

was access I've forgotten all about up a

4:16

little, wrote my book. In two thousand and

4:18

eleven they've been there was something happens and

4:20

I'm. One. Of the judges and

4:22

lawyers the guns as the prisons they

4:24

ask and presents and in son the

4:26

people we have caps and not a

4:28

mistreated. And someone

4:30

was born into me fame and

4:32

as he. Started.

4:35

Explaining story was as

4:37

much as times. But.

4:40

The void cities down. He

4:42

said all have been beaten by the

4:45

united said Ms. Hayes and he said

4:47

almost hung up from on the roof

4:49

of the prison but with manacles or

4:51

less they're all die. And then I

4:53

came out with an iron bar best

4:55

me around the head and headscarves. He

4:58

had still fresh scars on his hand

5:00

and for scars on his his. now

5:02

as a legal system under the Geneva

5:04

Convention. See John. Ignore

5:06

that sour. Cream. And

5:09

easy wasn't bad guy prisoner, others

5:11

are in the sense that you

5:13

person he gets by this crisis

5:15

is was unreasonable allegations. Abuse.

5:19

And when I go back to buys. Ever.

5:21

Woman in Sobibor pension system. That

5:23

was surprising. Seats the seem to

5:25

be implied to me that I

5:27

need it's just me or why

5:29

about this. Sub. Was only

5:32

a small scene but I'm considering what

5:34

we now know about. Will been on

5:36

that it was. He was indicative as

5:38

decide. Does look under a

5:41

rock stand find out of ironic because

5:43

swam we don't want. Bad.

5:45

News stories. Now

5:50

than in two thousand and thirteen. They put on

5:52

a Sunday Times in the Rules of Engagement and

5:54

said something like. basically

5:57

it's was move was a very

5:59

one page thing and it said don't

6:01

murder at the bottom. And

6:04

I said what's this about? Because

6:06

according to all our reports there

6:08

hasn't been a single trial and

6:10

why are you putting out this thing? If everything's okay,

6:13

why are you reminding

6:15

people whether it's a new thing saying

6:17

don't murder? Has something happened? And

6:20

I was told no, no, no. And I

6:23

just thought that was strange. What's

6:25

something's going on? And then in

6:27

2013 suddenly

6:29

having not had a single

6:32

criminal investigation during a very

6:35

turbulent period where we now know that no

6:38

one would want to walk on. We

6:40

were investigating everything. It

6:42

looked like we were pretending to

6:45

care but we weren't

6:47

really caring because we weren't investigating some

6:50

things which looked highly suspicious. And

6:52

so I just started asking questions.

6:54

And then in September when I

6:56

was over there there was

6:58

a guy who'd done what

7:01

Manny sold us had done before. He

7:03

was just defending himself. And

7:06

it wasn't so much that

7:08

I had some sort of crystal ball or I

7:10

was in love with him or anything. There was

7:13

no evidence to suggest this was a murder. I

7:15

said this is strange.

7:18

And I didn't know what

7:20

was up but I suspected that

7:22

the investigations in 2013 were window

7:25

dressing for the media in

7:28

order to say look over here,

7:30

don't look over there. There

7:35

was whispers that there would be in 2012

7:37

there'd been a kill count competition to see

7:39

who could get eyes killed out in a

7:41

certain soldier in one. And

7:43

they also put the kill counts on the

7:46

door each day. When

7:48

they reiterated the rules of engagement in 2013,

7:52

in the context of all these

7:55

rumours, whispers seeing that kind of kill count

7:57

on the door there, Why

7:59

raise an issue? Them reiterating that it sounds

8:01

like maybe that was what was needed at

8:03

the time. Well. Why?

8:07

Didn't they investigate? Be our guys.

8:09

As I think someone's done something is

8:12

best to god. did you ever. Rise

8:14

at up the chain and say hey, he's what's

8:16

going on. Know I I didn't know

8:18

and as always a lawyer with a very

8:20

good Korea. And I want

8:22

keepers of is a perfect jobs may

8:24

I love that was half a way

8:26

all soldier and. I

8:29

didn't particularly want to rock the boat and

8:31

I suspected something big was up. Did

8:33

you see like some soldiers were being. Scapegoated.

8:36

When other soldiers were actually they're the

8:38

ones who during the really bad stuff.

8:41

yeah I had. Felt

8:43

like they are and didn't want certain

8:45

sign of soldiers come under in the

8:47

messing ice and they source of that

8:50

mana believes ways of a bulletin Bit

8:52

of a popular in that because as

8:54

an have a lot of a a

8:56

zero survived by wanted some nonentities to

8:59

be able to punish on the of

9:01

of again Double eight of them was

9:03

exactly. My.

9:06

Goal was always two sides are

9:09

leadership to Pbs again and I

9:11

still think I should be miss

9:13

gonna sic I probably knew about

9:15

been Robert Smith and on a

9:17

seat on they were doing window

9:19

dressing in our two thousand and

9:21

thirteen and. Add soldiers

9:23

are a problem and we asked

9:25

him with that. bad leaders are

9:27

much bigger problem. I

9:30

knew even when I was man and on a

9:32

scam like the something going on. And.

9:35

On and. It took me a marks on

9:37

you and at have to be doing. And

9:39

it would have to be an. Hour

9:42

and well resourced an

9:44

animal number. Of

9:47

documents attached to that to explain

9:49

what I was doing and to

9:51

be relatively carefully worded associate ones

9:53

a result. And so

9:55

after hours I would stylized I would

9:58

look sort of looking for. The

10:00

shine for the putting your career

10:02

at risk is putting my career

10:04

moises but on a job of

10:07

the defense forces to protect describe

10:09

some threats if we had as.

10:12

Late as two are

10:14

completely on. Political.

10:16

And dishonest. We're not doing

10:19

a job. And

10:21

say in preparing that report

10:23

saw leadership. That's very different to

10:26

going public with that same information told

10:28

me about when you decided. It

10:30

was something you wanted the public to

10:33

know about. Well. Soccer

10:35

ball, some. Are

10:37

needed A partner a good

10:39

investigative journalist looking to the

10:42

medical sought to get a

10:44

source in the minister's office

10:46

to find out where the

10:48

emails. Trials. Are what

10:51

i said is there was any bodies

10:53

and guy but in the your why

10:55

an arm in any one within the

10:57

within the suits i guess the parliament

11:00

ah and of seeing seeing knew what

11:02

was going on and and consider lot

11:04

so i wanted really good investigative journalist.

11:08

Not. To report the documents on law and

11:10

that to start looking into it. When

11:12

you did give them into the air

11:14

B C am today and I x

11:16

a former colleague of mine at the

11:18

Ip say what did you think when

11:21

the A B C published that story.

11:23

Or with he says reaction to it by

11:25

are disappointed with a story because it was.

11:29

It was. It was okay and was

11:31

good. It is something was happening. so

11:33

that was good that something was happening

11:35

and I didn't particularly like the emphasis

11:38

on the A or only on the

11:40

soldiers and non on the latest. Ah

11:42

on would have been the happiest I've

11:44

done. Birds but well Lilies have a

11:47

case to answer about whether my new

11:49

sky. The. Some of the

11:51

a critics say that he never said our

11:53

spies war crimes in the first place. When

11:55

you make of that. Was.

11:57

The more you know, ice. If

12:00

I say I was never out, some

12:02

expires rocks. And bad souls

12:04

to visit. This got a

12:07

point. To seize a

12:09

linked as a more komsomolets saddam story.

12:11

but the biggest story is a new

12:13

what and when I knew it. It's

12:17

not about a loss it's about the

12:19

next one of weed out as honest

12:22

trustworthy people who rarely eats i with

12:24

a straight as in charge of at

12:26

a sense when laxative. After

12:32

the break. Lights. As.

12:45

A seven I am listener. You're already familiar with

12:47

many of the journalists who worked with Settler Piper.

12:50

For. Limited time subscribe to a strike is

12:52

leading independent news source the set of

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paper and usa the Settler Pipe a

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stainless steel coffee cup mining collaboration with

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Fresco to free. Subscribe. From

13:00

just two dollars, ten awake? simply

13:02

visit said it I piper.com that

13:05

I you forward/offer. As

13:07

a seven I am listener. You

13:09

value the story behind the headlines.

13:11

That's why you should read Post

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a free daily newsletter. Brain use

13:16

a top five news stories of

13:18

the day. Summarizing each of their

13:20

key points. Sign up today at

13:22

the Sunday paper.com.a You/newsletters. David.

13:26

You ended up pleading guilty to

13:28

three charges and you say sentencing

13:30

today and it's been months since

13:32

you entered that guilty play would

13:34

set. White been like. Ah,

13:37

up and down to now I

13:39

am. I've got no money Avast

13:41

majola Lost a was sightings en

13:43

los dos. Or most moss

13:45

in our like the sort of person. I

13:47

did some but I don't. I

13:50

recommend it if you want an easy ride.

13:52

It's not have a son away, the celebrity

13:55

or that. D C

13:57

going to prison. Yeah

14:00

I usually at me I got a bit

14:02

of a dichotomy of that I I am

14:04

I don't see it of saw walls of

14:07

numb. So. Much! Ah.

14:10

Obviously easy for page foul podium last moments

14:12

in the military on the riverbed dies in

14:14

a country so I guess it's not complain

14:16

about being put in prison and in some

14:19

ways you know they say are you going

14:21

to leave your life like it's share. Your.

14:24

Loss. I never really did that before.

14:27

And now at the last couple years

14:30

at least I have done that I

14:32

ever saw. Love watching a movie with

14:34

my daughter. Really frightening experience. unbelievably pile

14:36

on a video games together and and

14:39

on on. Love them! I

14:41

was always pretty assessment dead anyway but

14:43

I'm more so now I can't have

14:45

them on a mission to sit side

14:47

of things to them. I gave my

14:49

want them to to remember me and.

14:53

Well a nice because I really do love

14:55

every am. I loved every minute

14:57

Muslim I spend now on the phone my

14:59

dog one lot of things is gonna be

15:01

missing out on with my ah my dog

15:03

died on seat on the housing and I

15:05

can get him as drum. Registers and

15:07

assistance don't so they to me mid may.

15:11

Say. Given everything that's about

15:13

to happen today and when he

15:16

returns court to be sentenced to

15:18

have any regrets about leaking nice

15:20

documents. As this this this is

15:22

Chris Civil A. Look.

15:25

Like died, I died I I'm

15:27

I'm trying to get accountability at

15:29

the top that hasn't happened yet.

15:31

I'm saying that if I hadn't

15:33

done one have done it never

15:35

would have App and ah. On

15:38

since as such so I had to do

15:41

something on what did the best that I

15:43

can in the in the circumstances and now

15:45

I'm proud of myself standing up. I didn't

15:47

even know whether I could do it myself.

15:59

Soon. Since he started unfolding, we've

16:01

seen the release of the verse and. Report

16:04

which recommended the As Pay

16:06

investigate Thirty Six Mattis said

16:08

potential prosecutions. See think

16:10

we'll ever see these crimes prosecuted.

16:14

It's. Good question them on number and

16:16

non. Was. Some of my

16:18

friends put a that was somewhere friends I

16:20

am. Who are also sort of

16:22

on my side in a sense agitators, By

16:25

says the purpose of the bridge and report was

16:27

the put the International Criminal Court or. And

16:30

them. To might soon there

16:32

are no Mr Us. It does seem

16:34

strange madame. Ten years, eleven years they

16:36

sustained years after some of these things

16:39

happen the we still haven't Was on

16:41

the had one person size and he

16:43

was stars as a result in the

16:45

video. And.

16:47

Verge of have any that browsing reports

16:50

my harness of people do actually be

16:52

charged and not a nice. that was

16:54

the at bat muslim idea about bird

16:56

is a bit of us. Isn't

16:59

satisfactory that we haven't had more

17:01

time to said now that we

17:03

might not get convictions. But we

17:05

really do need gentleman. A

17:07

lot of words used to. Describe the David

17:10

Mcbride of it seems like assess

17:12

assess some. Nice. I'm not

17:14

so nice. That's another

17:16

whistleblower side. I'm here.

17:19

I'm Simon was would.

17:21

Use to describe yourself. Yeah, well. I'm

17:23

a soldier. I mean you have to

17:25

be bit of a sudden you're not

17:27

gonna get you know. Can I get

17:29

accountability? Justice? Is he just. And.

17:31

And miss, you read of a sauce

17:33

serves as it is, and a lot

17:36

of a slug, do you gotta do

17:38

what you gonna do in order to

17:40

get a result and? Tried

17:42

our yeah well I may not on the on

17:45

the kind of that are in the since dinner

17:47

I am out to try and of my to

17:49

defend forced to defend australia foreigners with makes me

17:51

try to. So here

17:54

are on doing more Like tend to make

17:56

this country about apply for nothing. Anyone can

17:58

find that on More Try. To

18:01

do what is right and maybe he's

18:03

there is an inquiry I will achieve

18:05

one on one on to would a

18:07

it's ah a lot on like. Ah,

18:11

Michael instances when I. Don't

18:16

think so much for the. Church. Like

18:19

you. Sloan.

18:26

Crosley known says is funny and

18:28

acidic personally says, but her new

18:30

memoir digs much deeper to examine

18:32

the loss of her best friend.

18:34

Join me, Michael Williams as I

18:36

chat with Sloan about a brief

18:38

is for people. Find. It

18:40

where the listen. Also

18:44

in the news today as dryly cel

18:46

twelve whole places in the latest world

18:48

ranking of press freedom and now sits

18:50

in thirty ninth place. The list

18:53

compiled by Reporters Without Borders that

18:55

now places Israeli below South Africa,

18:57

the United Kingdom, and Namibia. We

18:59

the organization sizing the course intimidation

19:01

of whistle blowers in the name

19:03

of protecting national security as a

19:05

fact. And

19:08

Finance Minister Katie Gala her announced

19:10

yesterday the government most last one

19:12

billion dollars from the budget. Bottom

19:15

line by reducing spending on external

19:17

consultants and contractors. The announcement follows

19:20

last year's revelations about misuses government

19:22

information by console since at Pwc

19:24

and a string of revelations about

19:27

government agencies spending without consulting firms.

19:29

I'm Aslan Mcgain sees these seven

19:32

am. See you again.

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