![Thursday marks the first day of trials for David McBride - an ex-army lawyer who revealed war crime allegations in Afghanistan and who is now being prosecuted by the Commonwealth. Picture by James Croucher Thursday marks the first day of trials for David McBride - an ex-army lawyer who revealed war crime allegations in Afghanistan and who is now being prosecuted by the Commonwealth. Picture by James Croucher](/images/transform/v1/crop/frm/106459643/9bcc3bed-3bda-46aa-8666-85955c35f0bf.jpg/r0_437_8192_5043_w1200_h678_fmax.jpg)
The ex-military lawyer behind lifting the lid on allegations Australian soldiers in Afghanistan committed war crimes says he's looking forward to defending himself as the government's case against him begins.
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The major trial against former Army lawyer David McBride starts on Thursday years after he leaked a series of confidential documents to ABC journalists, leading to an investigative report revealing the war crime allegations.
Mr McBride was charged with five offences in 2018, including theft of Commonwealth property, unauthorised disclosure of information, and breaches of the Defence Act.
But the prominent whistleblower is looking to take the unprecedented approach of arguing that his actions are protected under the Public Interest Disclosure Act.
The case coincides with the trial against tax office whistleblower Richard Boyle, who is similarly defending himself using the untested whistleblower protection laws.
Mr McBride said he was eager to start his defence and was grateful those that had supported over the last five years.
"I'm proud to be where I am today. I'm looking forward to having my day in court," Mr McBride told The Canberra Times.
"What I'm doing is not so much for me but for all the people who have been so disappointed with government actions over the last 20 years."
The lawyer-turned-whistleblower will be joined by politicians and advocates on Thursday morning in Canberra shortly before he enters the courtroom.
Eminent lawyer Bernard Collaery, Greens senator David Shoebridge and independent MP Dr Monique Ryan are all expected to talk in support of Mr McBride's case.
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An inquiry into alleged war crimes committed by Australian Defence Force personnel was launched in 2016 by Justice Brereton following concerning media reports generated by Mr McBride's leaks.
The landmark Brereton report, released in late 2020, confirmed the allegations that 25 Australian soldiers had unlawfully murdered 39 civilians and prisoners in the Afghanistan were credible.
![Greens senator David Shoebridge. Picture by Keegan Carroll Greens senator David Shoebridge. Picture by Keegan Carroll](/images/transform/v1/crop/frm/106459643/8edb59ff-7528-4e6f-923a-bfba6083ecad.jpg/r0_356_5000_3167_w1200_h678_fmax.jpg)
The Greens' justice spokesperson Senator David Shoebridge said the trial against Mr McBride is an "appalling miscarriage of justice", urging Attorney-General Mark Dreyfus to drop the charges against him.
"While we wait for whistleblower laws to be fixed, David McBride is facing secret court hearings based on hidden evidence with his defence being whistleblower laws that aren't fit for purpose," he said.
"There is no public interest in pursuing Mr McBride through the courts when the Brereton report has so thoroughly vindicated his claims.
"It is a disgrace that the only person who has faced court following the war crimes exposed by Mr McBride is Mr McBride himself."
The Greens senator added the whistleblower protection laws needed urgent fixing and were no longer fit for purpose.
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