Bernard Collaery

2022 - 7 - 7

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Image courtesy of "The Guardian"

José Ramos-Horta pleased 'fairness prevailed' in Bernard Collaery ... (The Guardian)

Exclusive: Timor-Leste president welcomes decision to end prosecution of 'good man' who helped expose Australian bugging operation.

The case against him had been bogged down in fights over the degree to which secrecy would hide parts of his trial. The Law Council said secrecy offences should be reviewed to “ensure there are adequate protections for whistleblowers and their legal advisers who are concerned about potential matters of illegality”. “The decision of the Australian government to discontinue the prosecution is just and fair,” he said.

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Dreyfus drops charges against Bernard Collaery (Independent Australia)

The Albanese Government has acted quickly to abandon the prosecution of Bernard Collaery, who was charged in relation to the leaking of information about ...

...to pursue this politically-motivated prosecution is an embarrassment to the rule of law in Australia. “Since I stood on the steps of the Canberra Magistrates Court in September 2018, I have been calling for the prosecution of Bernard Collaery to be abandoned.” The consent of a former attorney-general was required to commence the prosecution of Mr Collaery. Having had regard to our national security, our national interest and the administration of justice, today I have determined that the prosecution should end. The Australian government is the real villain in this case, having made the appalling decision to spy on East Timor which is one of the poorest countries in south-east Asia. The Albanese Government has acted quickly to abandon the prosecution of Bernard Collaery, who was charged in relation to the leaking of information about Australia’s alleged spying in Timor-Leste. He said the “decision to discontinue the prosecution was informed by the Government’s commitment to protecting Australia’s national interest, including our national security and Australia’s relationships with our close neighbours.”

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Live news: Albanese says Australia may consider giving New ... (The Guardian)

Anthony Albanese is currently speaking about the “reset” between Australia and New Zealand that has come out of his meeting with Jacinda Ardern today.

And we’ve had a commitment to work through those issues together and we’ve set ourselves the ambitious timeline of having those proposals in time for Anzac Day 2023. Australia’s friendship and relations with a sovereign nations of the Pacific are ones of a friend, a friend that is historically played a role in the region of being a security partner of choice. We will host, in partnership with the Pacific, as a joint bed, and I’ll be having those discussions in Fiji. We intended to go ahead with the bed and how we participate and bring in Pacific Island states in order to ensure that they can be engaged and involved, is something that I believe will be welcomed. We also discussed, as the prime minister has already acknowledged, the place in Australia of New Zealanders. We’ve long argued that New Zealanders are Australia’s best migrants, and I don’t say that lightly. I look forward to the chance to continue that exchange and meet with our counterparts shortly. They have all expressed that support for the changed position that Australia has, whether it’s in the Pacific or when I have been meeting with Europe or President Biden, it’s been noticed around the world, not the least in our region, that Australia is now a participant in the constructive action that is required globally to deal with the challenge of climate change. We worked together on ways in which we have a seamless transition. For us it’s also about the opportunity and are part of that is about investment in infrastructure. We wish to remain a security partner of choice in the discussions that I’ve had, including with Prime Minister Sogavare. One, congratulations on my election and a sense of relief that Labor, the labour market government that I lead is now [is] part of the action when it comes to climate change. And finally, New Zealand very clearly opposes the military relation in the region. We worked together on ways in which we have a seamless transition.

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Image courtesy of "The Australian Financial Review"

Bernard Collaery: Attorney-General Mark Dreyfus orders case dropped (The Australian Financial Review)

He was scheduled to face trial later this year over the leaking of classified information about Australia's efforts to spy on the government of East Timor.

From war crimes in Afghanistan to misogyny in Parliament House, there are many important stories that would never have been told were it not for the courageous actions of those who spoke up. Michael Pellyis the legal editor, based in our Sydney newsroom. Labor was under pressure from crossbenchers, legal groups and human rights organisations to end the prosecution. “I am in awe of the depth of support in our community for ethical values. “Bernard Collaery should never have been prosecuted. Mr Dreyfus told the Australian Bar Association in April that the “very manner in which the government has sought to conduct the prosecution appears to me to be an affront to the rule of law”.

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Image courtesy of "The Guardian"

Justice for Bernard Collaery must be the beginning of decisive ... (The Guardian)

It was hard to watch the bureaucratic machine perpetrating injustice – Mark Dreyfus must now intervene in the other two cases.

Australia is a better place today because thousands of us spoke up – at rallies, in the media, in letters to our elected representatives – and said that we would not stand for injustice. Dreyfus should order an independent review of the Collaery prosecution, and that of the lawyer’s client, Witness K, who was given a suspended sentence last year. But this must be the beginning, not the end, of decisive action from the new government. It also threw secret evidence at the case – evidence that not even Collaery, the defendant, could see, as Mossop weighed up the level of secrecy to apply to the trial. They raged against the deterioration of transparency and accountability in this country and insisted that Australia could – no, must – be better than this. And what wrongdoing it was: Australia’s espionage against an impoverished, war-torn neighbour, to cheat it of billions of dollars in the extraction of oil and gas from underneath the Timor Sea.

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Image courtesy of "ABC News"

ACT Supreme Court formally ends prosecution of Canberra lawyer ... (ABC News)

Key points: Justice David Mossop vacated the Supreme Court matters, including the trial; Mr Collaery's lawyers are considering whether to apply for costs; Timor ...

"This is a good decision for the administration of justice in Australia," he said. Justice Mossop told the court he would vacate the Supreme Court matters, including the trial, but separate applications would need to be made to other courts over other matters, including a paused High Court application over a separate appeal in the case. In the meantime, Justice Mossop also asked the lawyers to make a decision about the storage of classified documents filed in the case. Mr Ramos-Horta said dropping the charges against Mr Collaery had resulted in "a far better atmosphere of mutual trust" and called for the Australian government to return Witness K's passport, allowing him to travel. Speaking to the ABC, Mr Ramos-Horta said the decision to drop the charges against Mr Collaery was "wise". Witness K eventually pleaded guilty and was given a suspended sentence, but Mr Collaery has fought the case all the way and was to face trial in October.

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Image courtesy of "ABC News"

Attorney-General Mark Dreyfus orders Commonwealth to drop ... (ABC News)

Bernard Collaery was charged with helping his client, an ex-spy known only as Witness K, to reveal details of a classified ASIS mission in East Timor.

This is a good decision for the administration of justice in Australia," he said. Their resolute professionalism and humanity has restored my faith in the rule of law. "This is an important day for Australian democracy. I also want to thank those close to me who gave me inner strength. "I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. "In taking this decision, I have had careful regard to our national security, our national interest and the proper administration of justice."

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Image courtesy of "The Guardian"

Prosecution of whistleblower lawyer Bernard Collaery dropped after ... (The Guardian)

Mark Dreyfus ordered the commonwealth DPP to discontinue case over alleged unlawful disclosure of classified information.

Collaery fought the charges, in a long-running and expensive legal dispute. “I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. Since Labor’s election in May, the new government has come under renewed pressure from crossbench parliamentarians to drop the case. “In taking this decision I have had careful regard to our national security, our national interest and the proper administration of justice,” Dreyfus said in a statement. On Thursday Dreyfus announced he had “determined this prosecution should end” and that he had exercised his power in the Judiciary Act to discontinue it. On Thursday Collaery said the end of the prosecution was “a good decision for the administration of justice in Australia” that would allow him to “move forward with [his] life and legal practice”.

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Mark Dreyfus orders prosecution of whistleblower Bernard Collaery ... (SBS)

Leaking charges against lawyer Bernard Collaery relating to an alleged Australian spying operation will be dropped after the attorney-general intervened.

"In taking this decision I have had careful regard to our national security, our national interest and the proper administration of justice," he said. Attorney-General Mark Dreyfus exercised his own power to stop the prosecution before the matter headed to trial later this year. The prosecution of Mr Collaery began after Christian Porter became attorney-general in 2017, and ends with Mr Dreyfus exercising his own power to stop it before the matter headed to trial later this year. "I am in awe of the depth of support in our community for ethical values ... I also want to thank those close to me who gave me inner strength." "I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. "I am very pleased that the new attorney-general has looked at this prosecution and all it has involved and taken steps to bring the case to an end," he said.

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Image courtesy of "The Canberra Times"

Bernard Collaery charges to be dropped on orders of new Attorney ... (The Canberra Times)

Mr Dreyfus said he had exercised powers under the Judiciary Act to discontinue the case. "It is my view that the prosecution of Mr Collaery should end," Mr ...

These days, I cover the ACT and Queanbeyan courts. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. These days, I cover the ACT and Queanbeyan courts. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. "I am in awe of the depth of support in our community for ethical values. Bernard Collaery fits this bill and then some."

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Image courtesy of "The Sydney Morning Herald"

Bernard Collaery's leaking charges over East Timor operation ... (The Sydney Morning Herald)

Collaery, a former ACT attorney-general, faced the prospect of jail and his trial date had been set for October 24 after years of delays.

The ongoing prosecutions of David McBride and Richard Boyle are not in the public interest. “Governments must protect secrets, and this government remains steadfast in our commitment to keep Australians safe by keeping secrets out of the wrong hands. This is a good decision for the administration of justice in Australia,” he said. This is such a case,” Dreyfus said. “Whistleblowers make Australia a better place. The balance of interests can change over time.

Timeline of Bernard Collaery legal case (Bega District News)

THE BERNARD COLLAERY SAGA The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery....

2013: Timor-Leste appoints lawyer Bernard Collaery to represent the country in The Hague in a bid to get the treaty ripped up following the bugging revelations. 2021: Witness K pleads guilty to conspiring to reveal classified information, but is spared jail time and handed a three-month suspended sentence and 12-month good behaviour bond. The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery. Attorney-General Mark Dreyfus said the decision was made to protect Australia's interests and relationships with close neighbours.

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Image courtesy of "SBS"

'In awe': Bernard Collaery speaks after whistleblower charges dropped (SBS)

Lawyer Bernard Collaery has thanked his supporters after Australia's new attorney-general ordered whistleblower leaking charges against him to be dropped.

"In taking this decision I have had careful regard to our national security, our national interest and the proper administration of justice," he said. Attorney-General Mark Dreyfus exercised his own power to stop the prosecution before the matter headed to trial later this year. The prosecution of Mr Collaery began after Christian Porter became attorney-general in 2017, and ends with Mr Dreyfus exercising his own power to stop it before the matter headed to trial later this year. "I am in awe of the depth of support in our community for ethical values ... I also want to thank those close to me who gave me inner strength." "I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. "I am very pleased that the new attorney-general has looked at this prosecution and all it has involved and taken steps to bring the case to an end," he said.

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Image courtesy of "The Canberra Times"

Timeline of Bernard Collaery legal case (The Canberra Times)

THE BERNARD COLLAERY SAGA The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery....

2013: Timor-Leste appoints lawyer Bernard Collaery to represent the country in The Hague in a bid to get the treaty ripped up following the bugging revelations. 2021: Witness K pleads guilty to conspiring to reveal classified information, but is spared jail time and handed a three-month suspended sentence and 12-month good behaviour bond. The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery. Attorney-General Mark Dreyfus said the decision was made to protect Australia's interests and relationships with close neighbours.

Timeline of Bernard Collaery legal case (South Coast Register)

THE BERNARD COLLAERY SAGA The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery....

2013: Timor-Leste appoints lawyer Bernard Collaery to represent the country in The Hague in a bid to get the treaty ripped up following the bugging revelations. 2021: Witness K pleads guilty to conspiring to reveal classified information, but is spared jail time and handed a three-month suspended sentence and 12-month good behaviour bond. The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery. Attorney-General Mark Dreyfus said the decision was made to protect Australia's interests and relationships with close neighbours.

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Image courtesy of "Northern Rivers Review"

Timeline of Bernard Collaery legal case (Northern Rivers Review)

THE BERNARD COLLAERY SAGA The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery....

2013: Timor-Leste appoints lawyer Bernard Collaery to represent the country in The Hague in a bid to get the treaty ripped up following the bugging revelations. 2021: Witness K pleads guilty to conspiring to reveal classified information, but is spared jail time and handed a three-month suspended sentence and 12-month good behaviour bond. The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery. Attorney-General Mark Dreyfus said the decision was made to protect Australia's interests and relationships with close neighbours.

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Image courtesy of "The Canberra Times"

Bernard Collaery welcomes decision by Attorney-General Mark ... (The Canberra Times)

Bernard Collaery has hailed the new federal Attorney-General's decision to drop the charges against him as a win for justice, saying he is "in awe" of the ...

These days, I cover the ACT and Queanbeyan courts. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. These days, I cover the ACT and Queanbeyan courts. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. "I am in awe of the depth of support in our community for ethical values. Bernard Collaery fits this bill and then some."

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Image courtesy of "NEWS.com.au"

Aussie lawyer in spy case breaks silence (NEWS.com.au)

A whistleblowing lawyer facing jail time for helping a former spy known only as “Witness K” lift the lid on an overseas operation will have the charges ...

This is a good decision for the administration of justice in Australia. I also want to thank those close to me who gave me inner strength,” he said in a statement released by his lawyers. Mr Dreyfus said he had taken the decision to call off the case with careful regard to the “proper administration of justice”.

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Image courtesy of "The Guardian"

Justice finally arrives for Bernard Collaery but damage has already ... (The Guardian)

Mark Dreyfus's announcement will mend relations with Timor-Leste but whistleblower protection reforms still sorely needed.

“One thing is to spy, engage in bugging and other activities when facing unfriendly, hostile and sworn enemy powers like North Korea,” the Timor-Leste president, José Ramos-Horta, told the Guardian earlier this year. But it’s not just the individuals involved in these protracted proceedings who have suffered. Collaery’s letter burned with the same sense of injustice held by his client.

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Image courtesy of "The RiotACT"

Case dropped against whistleblower Bernard Collaery | Riotact (The RiotACT)

The Attorney-General has ordered five secrecy charges against Canberra lawyer Bernard Collaery be dropped. Mr Collaery was facing five offences…

This provision empowers the Attorney-General to discontinue the prosecution of any person committed upon a charge for a Commonwealth indictable offence,” they said. The ongoing prosecutions of David McBride and Richard Boyle are not in the public interest. It has been reported that by March 2022, the Commonwealth had spent $4.42 million on external legal costs associated with the prosecutions of Witness K and Bernard Collaery.” “Bernard Collaery should never have been prosecuted. “I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. He was the lawyer for Witness K, who was sentenced last year after pleading guilty to a single charge of conspiracy.

Timeline of Bernard Collaery legal case (Port Macquarie News)

THE BERNARD COLLAERY SAGA The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery....

2013: Timor-Leste appoints lawyer Bernard Collaery to represent the country in The Hague in a bid to get the treaty ripped up following the bugging revelations. 2021: Witness K pleads guilty to conspiring to reveal classified information, but is spared jail time and handed a three-month suspended sentence and 12-month good behaviour bond. The federal government has dropped charges of leaking classified information against lawyer Bernard Collaery. Attorney-General Mark Dreyfus said the decision was made to protect Australia's interests and relationships with close neighbours.

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Image courtesy of "The New Daily"

Collaery case a rare whistleblower win. But why was he prosecuted? (The New Daily)

Bernard Collaery had been facing five charges related to breaching the Intelligence Services Act for revealing Australia spied on Timor-Leste for profit.

A veil of secrecy over the case had prevented Mr Collaery from accessing documentation that might have helped him in mounting a defence to the charges and allowed the Office of the Attorney-General to block the release of information critical to any defence of the charges. “In taking this decision I have had careful regard to our national security, our national interest and the proper administration of justice,” Mr Dreyfus said. “I am very pleased that the new Attorney-General has looked at this prosecution and all it has involved and taken steps to bring the case to an end,” Mr Collaery said in a statement.

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