“Courage in the face of dogged persecution”: The vindication of Bernard Collaery and the bugging of East Timor
By Suki Dorras-Walker
In a rare piece of good news regarding Australia’s most controversial intelligence operation in history, Attorney General Mark Dreyfus has dropped all charges against Bernard Collaery. Collaery and his client Witness K were charged under section 39 of the Intelligence Services Act 2001, 'which deems it a criminal offence for a person to communicate any information that was prepared by the Australian Secret Intelligence Service (‘ASIS’) in pursuit of its functions.' The Morrison Government also used the National Security Information Act 2004 to keep the trial from the public view.
Witness K and his lawyer Bernard Collaery revealed to the Australian public that ASIS illegally bugged the East Timorese Government’s Cabinet room during negotiations over maritime borders in the East Timor Sea. The bugging operation gave the Australian Government the upper hand in negotiations with a fledgling and impoverished nation who had recently emerged from a gruesome, decade-long independence war. Australia, with a trillion dollar economy, chose to cheat Timor-Leste of resources that could have potentially allowed the country to lift itself out of poverty.
Senior Lawyer at the Human Rights Law Centre, Kieran Pender, describes ASIS’ operation in Timor-Leste as 'reprehensible, inappropriate and arguably unlawful.' There have been observations that the main beneficiary of this operation was Woodside Petroleum, who operated the oil and gas fields under dispute. One can only conclude, therefore that our national intelligence agency appears to have been used for the financial benefit of a private company. After their terms finished, the minister responsible for the operation, Alexander Downer, and the Head of DFAT at the time, Ashton Calvert, both secured employment at Woodside.
The prosecution of Bernard Collaery and Witness K represents one of the most egregious injustices in Australian history. It is a story that puts into question the accountability and integrity of our democratically elected leaders. It highlights how governments can justify immoral and illegal acts against foreign countries (and indeed its own citizens) in the name of national security, and how our laws fail to protect those who reveal wrongdoing.
The Attourney General’s decision to drop all charges against Collaery hopefully marks an end to this saga and a recognition that Collaery did no wrong in the first place. His courage and that of Witness K in the face of the Australian government's dogged persecution and their commitment to justice will hopefully be formally recognised in years to come.