AUSTRALIAN FEDERAL POLICE MEDIA INVESTIGATIONS
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* Police say two people disclosed secret information to journalists
* The sources did not use federal whistleblower laws, which protect disclosures in the public interest
* ABC published a series of stories called the Afghan Files in July 2017, which detailed secret defence force documents pointing to possible unlawful killings by Australian special forces soldiers.
* News Corp's Annika Smethurst published a story in Sunday newspapers in April 2018 which pointed to correspondence between Defence secretary, Greg Moriarty, and Home Affairs secretary Mike Pezzullo, suggesting the Australian Signals Directorate should be able to "proactively disrupt and covertly remove" domestic cyber threats, "by hacking into critical infrastructure". And that ministers would be able to approve digital surveillance of Australian citizens without a warrant.
* The Defence and Home Affairs bosses made separate referrals to the AFP
* The AFP began the ABC investigation in July 2017 and the News Corp investigation in April 2018
* AFP officers had "some conversations" with the referring government agencies during the investigations
* But no ministers or ministers offices have been briefed during the investigations, until the search warrants were in the process of being executed
* AFP has been negotiating with the ABC about handing over material since the investigation started but, according to AFP acting chief Neil Gaughan, in March 2019 became "at loggerheads" with ABC lawyers, which forced the need for search warrants to be executed
* The AFP obtained warrants from an ACT magistrate and a NSW court registrar
* The warrants were deliberately executed on consecutive days because that was when the AFP had digital forensic experts available
* The AFP did not factor in the timing of the federal election
* Both investigations are ongoing.
* No decisions have been made on prosecuting journalists or media organisations
* One related court case is under way, involving former military lawyer David McBride who has pleaded not guilty to charges in relation to disclosing documents to the ABC
(Source: AFP acting commissioner Neil Gaughan media conference; media reports.)
Australian Associated Press
