Australian whistleblower David McBride has appeared in court for his sentencing hearing.

McBride, a former military lawyer, had been compelled to plead guilty to leaking classified documents. 

The documents, which McBride provided to the ABC, played a pivotal role in exposing alleged war crimes committed by the Australian Defence Force in Afghanistan. 

The exposed documents were part of an investigation that later substantiated claims of 23 possible war crimes, including the murder of 39 Afghans.

The severity of the potential sentence for McBride has become a point of contention. 

The government has proposed a prison term exceeding two years, while the judge could alternatively impose a sentence as lenient as house arrest with counselling, potentially lasting up to four years.

McBride argued that his oath to the British crown compelled him to act against wrongdoing and inform the nation, rather than blindly following military orders. 

This defence was, however, rejected by Justice David Mossop in November, who said; “There is no aspect of duty that allows the accused to act in the public interest contrary to a lawful order”.

This stance was further complicated when the Supreme Court Chief Justice Lucy McCallum denied McBride’s appeal against the decision. 

On the same day, an order was issued allowing the Attorney General’s office to remove classified documents from the defence’s possession, which were intended to be presented to the jury.

With the court's refusal to accept McBride's public interest defence and the subsequent rulings limiting his legal team's ability to argue the case, McBride accepted a guilty plea under advice that no viable defence remained.

The prosecution argued that McBride was driven by arrogance and a personal agenda rather than public interest. 

“A period of imprisonment of two years doesn’t reflect the seriousness of the offending,” prosecutor Trish MacDonald stated, questioning McBride's motives and integrity. 

In contrast, Stephen Odgers, leading McBride’s defence, portrayed his client as a principled individual acting on concerns about ‘improper investigations’ into soldiers, compounded by personal struggles with post-traumatic stress disorder.

The upcoming sentencing on May 14 will be a crucial moment for McBride and could set a significant precedent for future whistleblower cases in Australia.

More details on the leadup are accessible here.