The previous spy often called “Witness Okay” has been spared jail time and as an alternative handed down a three-month suspended sentence after pleading responsible to conspiring to disclose labeled info.
The previous officer within the Australian Secret Intelligence Service had been charged over his position exposing Australia’s plans to secretly listen in on the federal government of Timor-Leste throughout delicate oil and fuel negotiations in 2004.
The sentencing end result got here after a unprecedented courtroom listening to on the ACT Magistrates Court docket, the place Witness Okay had appeared behind makeshift black partitions to hide his id.
Justice of the Peace Glenn Theakston on Friday issued the choice noting Witness Okay had been motivated by a way of justice moderately than for any private achieve.
However he maintained the sentence can be recorded as a conviction, saying the choice should affirm the necessity to defend info attaining to Australia’s nationwide safety.
The case had been heard within the ACT Magistrates Court docket, the place reporters had been shuffled out and in of the listening to at instances so the courtroom can take into account confidential info.
Witness Okay’s former lawyer Bernard Collaery can be going through separate courtroom motion associated to the case.
Legal professionals appearing for Witness Okay on Friday argued that the federal government shouldn’t make an instance of the person for the technique of deterring others, and that he must be spared jail time.
Lawyer Robert Richter mentioned Witness Okay’s long-term struggles with psychological sickness – together with on the time of his offending – have to be thought of in his sentencing.
“It could be inappropriate to cope with Witness Okay with (common) deterrence,” Mr Richter instructed the courtroom.
“It’s clear he suffered from quite a lot of circumstances together with post-traumatic stress and despair.”
Justice of the Peace Glenn Theakston is contemplating a number of medical reviews detailing the well being of Witness Okay – a former officer within the Australia Secret Intelligence Service.
Prosecutors appearing for the federal government argue Witness Okay disclosed the small print of the plan to bug the Timor-Leste authorities by paperwork offered to Mr Collaery.
The courtroom heard on Friday that Mr Collaery then carried out media interviews “asserting ASIS had completed sure issues in Timor-Leste”.
Prosecutor Richard Maidment rejected the concept Witness Okay shouldn’t be thought of a candidate for punishment appearing as a deterrent to others.
“This was not dedicated out of a momentary lapse,” Mr Maidment mentioned.
“This was a thought of, persevering with course of conduct. He had the chance to rethink [his actions] for no matter motive out of grievance or altruism for the subject material.”
Mr Maidment mentioned whereas Witness Okay’s well being situation must be thought of within the consequence of the trial, it shouldn’t be used to elucidate his actions on the time.
The defence has argued Witness Okay has confronted years of alienation, nervousness and post-traumatic stress since his residence was raided by authorities in December 2013.
Mr Richter mentioned a sentence of imprisonment wouldn’t be an acceptable sentence for his consumer, defending Witness Okay as a extremely embellished ASIS officer.
Witness Okay and Mr Collaery had been charged in 2018 with conspiring to disclose secret info by part 39 of the Intelligence Companies Act, which covers secrecy and the unauthorised communication of data.