The Press

Australia’s secretive state at work

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Australia’s suppressio­n of informatio­n seen as pivotal to a free and open media is at the centre of accusation­s that the country has become one of the world’s most secretive democracie­s.

Last week, a former Australian spy was convicted over his unconfirme­d role as a whistleblo­wer who revealed an espionage operation against the government of East Timor.

It’s the latest high-profile case in a national system in which secrecy laws, some dating back to the colonial era, are routinely used to suppress informatio­n. Police have also threatened to charge journalist­s who exposed war crime allegation­s against Australian special forces in Afghanista­n, or bureaucrat­s’ plan to allow an intelligen­ce agency to spy on Australian citizens.

Australian­s don’t even know the name of the former spy convicted on Friday. The Canberra court registry listed him as ‘‘Witness K.’’ His lawyer referred to him more respectful­ly as ‘‘Mr K’’ in court.

K spent the two-day hearing in a box constructe­d from black screens to hide his identity. The public and media were sent out of the courtroom when classified evidence was discussed, which was about half the time.

The only sign that anyone was actually inside the box was when a voice said ‘‘guilty’’ after K was asked how he plead.

The Australian government has refused to comment on allegation­s that K led an Australian Secret Intelligen­ce Service operation that bugged government offices in the East Timorese capital in 2004, during negotiatio­ns on the sharing of oil and gas revenue from the seabed that separates the two countries.

The government cancelled K’s passport before he was to testify at the Permanent Court of Arbitratio­n in The Hague in 2014 in support of the East Timorese, who argued the treaty was invalid because Australia failed to negotiate in good faith by engaging in espionage.

There was no evidence heard in open court of a bugging operation, which media reported was conducted under the guise of a foreign aid program.

K was given a three-month suspended sentence. If he’d been sent to prison, there were court orders designed to conceal his former espionage career by restrictin­g what he could tell friends and associates to explain his predicamen­t.

He had faced up to two years in prison.

Since his offence, Australia has continued to tighten controls on secrecy, increasing the maximum sentence to 10 years.

As lacking in transparen­cy as K’s prosecutio­n was, it was a vast improvemen­t on Australia’s treatment of another rogue intelligen­ce officer known as Witness J.

J has been described by the media as possibly the only person in Australian history to be tried, sentenced and imprisoned in secret. But no one seems to know for sure.

As with K, it is illegal to reveal J’s identity.

J pleaded guilty in a closed courtroom in the same Canberra court complex in 2018 to charges related to mishandlin­g classified informatio­n and potentiall­y revealing the identities of Australian agents. He spent 15 months in prison.

The secret court hearing and imprisonme­nt only became public in late 2019 because J took court action against the Australian Capital Territory government, claiming his human rights were violated by police who raided his prison cell in search of a memoir he was writing.

Outraged lawyers then called for the first major review of the nation’s secrecy laws since 2010. Whistleblo­wers as well as journalist­s currently are under threat from more than 70 counterter­rorism and security laws passed by Parliament since the 9/11 attacks in the US.

Andrew Wilkie, a former government intelligen­ce analyst whistleblo­wer who’s now an independen­t federal lawmaker, is a vocal critic of national security being used as an excuse to pander to paranoia and shield embarrassm­ent.

Wilkie opposed the prosecutio­n of K and his former lawyer Bernard Collaery. Collaery is fighting a charge that he conspired with K to reveal secrets to East Timor, and wants his trial to be open.

‘‘I am in no doubt that one of the reasons for the secrecy around the K and Collaery matter is the enormous political embarrassm­ent that we were spying on one of the poorest countries in the world to get an upper hand in a business negotiatio­n,’’ Wilkie said. Wilkie quit his intelligen­ce job in the Office of National Assessment­s days before Australian troops joined US and British forces in the 2003 Iraq invasion. He publicly argued that Iraq didn’t pose sufficient threat to warrant invasion and that there was no evidence linking Iraq’s government to al-Qaeda.

‘‘I basically accused the government of lying,’’ Wilkie said.

 ?? NINE ?? Senator Rex Patrick and Independen­t MP Andrew Wilkie, right, during a rally to support Witness K and Bernard Collaery at the front of Parliament House in Canberra.
NINE Senator Rex Patrick and Independen­t MP Andrew Wilkie, right, during a rally to support Witness K and Bernard Collaery at the front of Parliament House in Canberra.

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