The sentencing of War Crimes whistleblower David McBride to over 5 years in prison last week was a sad day for justice in Australia.
He is, to this point in time, the only person to be imprisoned in relation to the war crimes which were allegedly committed by Australians in Afghanistan.
Six months ago, when he pleaded guilty after his main defence, that his conscience overrode his legal obligations, was rejected by the courts, I wrote about the situation in this blog:
Australia’s Own Dreyfus Affair
As I conceded then, the law has been broken and it is the place of the courts to punish the law breaker in accordance with the law.
A couple of days ago, I watched the commentary by the popular political vlogger Friendly Jordies on the sentencing on his YouTube channel:
My political beliefs are on the whole, rather different from those of Friendly Jordies, but I think we do share a sense of justice and fairness.
David McBride has been dealt with very harshly by the courts in comparison to some legitimate criminals who commit rapes and similar violent crimes. His only crime came from following his conscience to do what he believed served a higher purpose of justice.
He is now being punished for that. Given that the decision was made to persecute him under the laws of the land, and to reject the legitimacy of the defence argument he raised, this is as it should be.
However, the issue of conscience, and whether there are other, extenuating, circumstances here beyond that of a typical lawbreaker, is something which really should be examined further.
I believe, given that the bipartisan decision was made to initiate and persist with the prosecution, that it is up to the elected leadership of the nation to determine whether justice has been sufficiently served now, and whether it would be appropriate to consider pardoning David McBride and releasing him.
An example has been made which will deter others from whistle blowing on national secrets which will trouble the consciences of the secret keepers. He is no on going threat to either national security or to the community. Showing mercy and pardoning him now would be a just outcome, and make us think better of our elected officials.
Lost For Words! 