 Welcome to CN Live. This is Kathy Vogan reporting from Canberra on day one of the David McBride trial, wherein the defence argues a duty to the nation surpassing military discipline. The trial of whistleblower David McBride opened on Monday with the prosecution and the defence sketching out their cases before Justice David Mossott at the Supreme Court in Canberra. McBride, who has served two terms in Afghanistan as a lawyer with the Australian Defence Force, the ADF, has been charged in a five-count indictment for a trial that is expected to last three weeks. The prosecution argued on Monday that McBride broke laws of military discipline by leaking to the Australian media. McBride's lawyers conceded in court that he indeed broke such regulations but that he had a duty to the nation that superseded military discipline. The trial is shaping up to be a battle between distinct ideas of the military's role in society. Is it to serve the entire community's interests or is it a law unto itself? In 2014, McBride made internal allegations after learning of murders of Afghan civilians by Australian soldiers. McBride then began leaking evidence to the Australian Broadcasting Corporation, the national broadcaster between 2014 and 2016. Australian Major General Justice Paul Brereton began an investigation in May 2016 and made public findings in November 2020 that pointed to credible information about Australian war crimes. The Brereton report accused Australian special forces of murdering 39 unarmed Afghans. Nevertheless, in September 2018 McBride was charged with allegedly stealing government property in violation of the Criminal Code Act 1995. In March 2019 he was charged with three more alleged crimes in breach of the Defence Act of 1903 as well as unlawfully disclosing a government document contrary allegedly to the Crimes Act of 1914. The question arises as to whom the military actually serves. McBride entered the Supreme Court on Monday morning with his therapy dog, Jake, whom he was allowed to bring into court. He encountered a large crowd of supporters rallying in front of the courthouse. Today, I serve my country, he told his backers. The question I have for you, Anthony Albanese, is who do you serve? Special Counsel Trish McDonald, who led the government's team of prosecutors began the day by laying out the military laws she claims McBride violated. McDonald said the concept of duty in law says it is not in the public interest to reveal classified information to the public. McBride's primary duty, she said, was to follow orders. The accused was a legal officer, she asserted. He was not appointed to inform the press. He contravened his official duty. In fact, there is a public interest in non-disclosure, the prosecutor argued. All defense personnel are required to comply with the general order, which includes a defense instruction, meaning official information must be treated as confidential and not disclosed to non-defense entities, McDonald told the court. McBride had neither authority nor permission to disclose the information to the media. To do so was not in accordance with McBride's duty. Public release of such information must be approved by the Attorney General, she said. Obedience to command is essential to an effective defense force, the crown prosecutor said, and disobedience is disruptive. Keeping confidentiality is critical to an ADF lawyer, McDonald further argued, and a core duty of a member of the armed forces is obedience to orders. There is no freestanding duty imposed on members of the ADF to advance the public interest contrary to lawful orders, McDonald told the court. The notion that an ADF member can contraven the law because they believed subjectively that revealing confidential information is in the public interest is inimical to discipline in the ADF, she said. The oath a soldier takes does not allow an ADF member to disobey it because he believes that to do so advances the public interest. McDonald argued, was the accused allowed to act in the public interest regardless of orders, she asked the court. The ABC broadcast a report in 2017 about the murder of innocent Afghans based on evidence supplied by McBride and a second whistleblower on June 5th, 2019. In 2017, the Australian federal police raided the ABC's Sydney headquarters for eight hours and removed files. The Attorney General ultimately decided against prosecuting an ABC journalist, Daniel Oakes, who had worked on the Afghan file story. In March, three years after the Brereton report, the first soldier was charged with murder. The court on Monday, McDonald pointed out the failure of the ABC's challenge to the AFP search warrant of a media office. And now we'll pass to the defense argument, which asserts that there is a duty beyond the military. Despite in case law, the defense methodically laid out the difference between military discipline regulations and civilian criminal law, arguing that McBride had a duty not just to the military that he served, but also to the country. Special counsel Stephen Odgers, the lead barrister for the defense, argued that an ADF soldier takes an oath to the king whose duty is to uphold the interests of the nation. Therefore, it follows logically that a soldier's duty is not just to the military, but through the interest of society as a whole. Duty of service to the sovereign should be understood as a duty to serve the public, even if it conflicts with an order of the defense tribunal, Odgers said. While McBride may have violated the military code, he has not violated civil criminal law, Odgers argued. The former should be determined by military tribunals, he said, and McBride should not be tried in a civil court. We don't accept that following the oath necessarily means following orders, Odgers told the court. We accept that circumstances may occasionally arrive that are contrary to a lawful order. It is up to the jury to determine what was in the public interest. Only a jury can decide that it was acceptable for McBride to expose criminality within the ADF and to prevent inappropriate conduct from occurring and continuing, Odgers argued. There is also a duty to disobey unlawful orders under section 45 of the Defense Act. Odgers added the accused had a duty to the administration of justice. The trial continues on Tuesday ahead of jury selection from a pool of 87 potential jurors that will take place from Thursday. On Tuesday morning, the defense will introduce a classified document that testifies to the commission of serious crimes, an example of the circumstances in which McBride's duty as a lawyer was not to obey orders to maintain confidentiality, but to disclose the information. This was Kathy Vogan for day one of David McBride's trial. We'll see you tomorrow and I will play you some of the speeches that were made outside before all this began. Thanks for joining us. See you tomorrow. Last week, the United States government served papers through the Australian Federal Police to seize the home of Dan's wife. That will become public shortly. Australia, acting as an agent for the United States government, has issued documents to seize the home at Jambaroo, built largely by the work and efforts of Dan's wife. Can you imagine the psychological impact last week of doing that to a mother of six children? So we are not just representing David today. We went through nine years of coalition government, corrupt, devious, in many respects, evil government. It was not a government. It was an occupation of our country by a gang of villains. I served in France not more than 20 years after the Second World War. France was going through all of the agonies of occupation and in our village I lived a way out of Paris. In fact, I lived in the French nuclear research village. I can't go into that way, but collaboration was still an issue in our village. People have to sit elsewhere in church. Now, we had an occupation in this country and we should see what it's about. We're still suffering the wounds of occupation. It's not just the weakness and timidity of the Albanese government. It's the overflow of occupation and who were the main collaborators? They are over across the lake in the bureaucracy. And they include all the mates appointed to the tribunals by the corrupt government. Now, what has failed to happen is that the national security clique across the lake have remained in place. As Professor James Curran says, the entire skill set of the coalition, the occupation, are still directing our policies such as on relation to China. Now, so we must see what we're here for. We're here during the overflow of the occupation. We need to support the good members of the governing party, the Labor Party. I recall coming here one freezing morning and seeing a young, heavily pregnant woman holding a placard. I didn't know who she was. She was holding a placard with my face on it. I thought for a while I should be a gentleman and take the placard from her, but I thought I don't hold up my own face. That turned out to be my local member, Alicia Payne. She doesn't get anywhere because she's not alone. There is something wrong in the Labor Party at the moment. There's something seriously wrong and we need to support the right people there. I'm not going to get involved in the political issues. I'm too busy trying to help Dan Duggan and his wife and six children. What we need to do is to continue the fight all the way during David's prosecution. It's only part of the overflow from the occupation years by that gang who occupied the country. I'm very proud to be here in front of you. I'm very happy not to be in jail myself. Thank you. The ability and social justice has been invaluable in Senator David Shoebridge and he joins us now. Thanks very much Mary and thank you all for coming out today on Not All a Nambry Land. We acknowledge this land always was and always will be First Nations land. Don't forget that the government tried to put Bernard in jail. Don't forget they didn't want Bernard saying what he just said. And their response was to prosecute him and put him in jail. And I don't know about you but I'm glad the community rallied round and Bernal was able to come out and say what he just said. We will never forget that this government is now trying to put David McBride in jail. And once David McBride's crime, his crime is telling the truth about war crimes. That's what his crime is. His crime is being brave and being principled and being decent and not being able to be silent while war crimes are committed by people in Australian military uniform. Now if that's a crime then every Australian should be guilty because you'd hope every Australian stepped up in that moment as a man of principle like David McBride. Let's hear it for David McBride for the bravery he showed. Unfolding in front of our eyes and we're seeing the reality of the violence of war. Surely it's a time for the Australian public to reflect on the importance of truth telling. The importance of whistleblowers. And indeed one of those other brave whistleblowers, Julian Assange, is in a UK prison for also telling the truth and I want to acknowledge John Shipton here, Julian's dad and the courage of John to acknowledge the bravery of so many whistleblowers. David McBride, Julian Assange of whistleblowers across the country. There's one person who hasn't shown courage. There's one person who's had the power to end this prosecution and instead has stayed silent and has refused to act. And that's the Federal Attorney General. With literally the flick of his pen he could stop this prosecution now and not just save David McBride from this prosecution but send a powerful message to every bureaucrat, every government official, every whistleblower in the country that we value you and we respect you and we'll back you in when you make the brave call. That's why we need you to stand out today. Thank you for praising truth over power. Thank you for praising decency. Thank you for praising a person I consider a friend, David McBride, who for no other reason is dog-need and owner, doesn't it? To come out and be with him. When I saw that t-shirt as I came in, I saw McBride for Defence Minister. Imagine that. Imagine people with the courage of David McBride being defeated. How valuable that would be right now. Telling truth to power. Being honest. So let's continue to stay here every day of this trial. Let's continue to support truth. Let's continue to support David and let's continue to say to the Federal Government drop the prosecution, drop the charges. Thanks very much. I just find that unbelievable. It's a real shame. And if I was the judge here, I'd be going, why is this person in front of me? Where are the generals that he told who colluded to cover this up? So where are they? Bring them before me and we'll deal with them. A lot of people knew what was going on in Afghanistan and only one person stood up to take it on. And he has, if you have followed it over the years, really sacrificed years of his life and indeed it's now sacrificing his freedom for all of us. We need more people like him. And obviously if we don't support David, if we don't support Richard Boyle and Julian Assange, then this country is in serious trouble. We've heard other whistleblowers of what's happened to them. We've had the Royal Commission. What happened about that? Nothing. What's going to happen here is a distraction where we have the whistleblower going to prison. He doesn't deserve to go to prison. He deserves to have a statute put in front of the Supreme Court to say these are the people we respect. Not your politicians but the people who are prepared to come and tell the truth. And that's what we need, more of those and we need to encourage more people, not by prosecuting them but by honouring them. And so I'd urge you to keep it up week after week. I'm told it's a three week trial. We need to all try and remember what's going on here. Let people know and certainly when it comes to the next election to vote for people who are going to make change. Thank you. I will also the Minister for Justice Health, which means that I'm responsible for the health and wellbeing of people and I am really concerned about what's happening here today. Now it is really important to think about the mental wellbeing and the support that we provide to veterans after their service. This country spends $122.2 million per day on defence through to the 2021-32 financial year this government is going to spend $47.5 million for any more 17 to 24 year old young people into our defence services. And yet, there are veterans with PTSD as a result of moral injury who cannot access a GP, who cannot access a psychopilot, who cannot access a psychologist in this city. And what is this government doing? This government is spending all of that money to recruit more people into doing this. Now, I want to be very clear about this. The Labor Political Party supports this spending. The Liberal Political Party supports that spending. I want to be very clear. I am agreed. The Greens do not support this. I firmly believe that this Constitution is not in the public interest. More than a million dollars were spent up until the start of this year just getting to the stage where a trial hadn't even started yet. And that cost is going to continue. And for what? This is not in the public interest. This prosecution needs to be dropped and it needs to be dropped now. Coming out today and showing your support, you show up every time and you are always there. And I want to thank you for that. Someone who knows what it means to be the victim of unjust pursuit and vindictiveness is Bernard Caleri. Since the case against him was dropped, he has devoted much of his time to supporting others in the safe position and we're thrilled to have him here today. The freedom case is Jimmy and Assange, who was in arbitrary detention for seven or eight years and has been sitting in a London jail for the last five years awaiting extradition. His father, John Shipton, who is here today, will say a few words. And I'd just like to say although the collateral damage video is not part of the abdullion's indictment, it is without a doubt not just the embarrassment he has caused the government of the United States, but the evidence of war crimes that has put him in this position. I'd like to invite John Shipton, who has been fighting to save his country. 250,000 dead. $8 billion. 46 Australian soldiers sacrificed. Our premier armed force, the SAS, the cave. Are you good with that? Vietnam. Three countries destroyed in time. Three million dead. Are you good with that? No. The latest obscenity. Are you good with that? No. Ukraine. Two million white room. A half a million young men dead. Are you good with that? No. David McBride taking upon his shoulders professional obligation as a lawyer, as an Australian, as a member of the armed forces. Writing a report on 39 murders which illuminate for us the decay of the SAS. Is here today on trial? No. Julian Assange. Now 14 years in arbitrary detention of one sort or another. Are you good with that? No. Extradition to the United States can be prevented. The fears that emanate from defects is the department of foreign affairs and trade. That the arrangement between the Department of Justice and the Department of the White House forbids the White House asking the Department of Justice in the United States to bring this prosecution to an end. That's what they tell us. 16 Congress people, Senate and House, have written a letter in support of the ending of the prosecution and the dropping of the charges. Now who would know best? Who would know best how the Congress and the White House and the Department of Justice and the government would work? The Congress people of the United States or the Department of Foreign Affairs and Trade and Foreign Ministry of Australia, who would know best? They addressed their letter to the President of the United States requesting that the charges be dropped. Are you good with that? Department of Foreign Affairs and Trade are deliberately obfuscating what can be done to assist an Australian citizen who has been banged up for 14 years for 30 court cases. I'll tell you a little bit. The Department of Foreign Affairs and Trade have 5,304 years and billions of dollars a year and reach into every Western nation through the embassy and through the Australian Signals Directorate and the Australian Secret Intelligence Services and they placed the burden of freedom on Julian Assange, who's alone in a cell in the maximum security prison. What do you say? Put written miles on trial. Put written miles on trial. Just a final word. We salute those what are called whistleblowers who took their professional obligations and courage on behalf of us, contemplated in silence. They took their professional obligations and duty to us on behalf of us and so they deserve our unfulfilled support. Thank you. If you are a consumer of independent news then the first place you should be going to is Consolidated News and please do try to support them when you can. It doesn't have its articles behind a paywall. It's free for everyone. It's one of the best news sites out there and it's been in the business of independent journalism and adversarial independent journalism for over two decades. I hope that with the public's continuing support of Consolidated News it will continue for a very long time to come. Thank you so much.