Dreyfus orders Bernard Collaery case dropped

Mr Dreyfus called the case “exceptional” on Thursday.

“In taking this decision I have had careful regard to our national security, our national interest and the proper administration of justice,” he said in a statement.

“It is my view that the prosecution of Mr Collaery should end.

“This decision to discontinue the prosecution was informed by the government’s commitment to protecting Australia’s national interest, including our national security and Australia’s relationships with our close neighbours.“

He said the ACT Supreme Court, the Commonwealth Director of Public Prosecutions and Mr Collaery’s legal representatives had been notified.

Shortly after the May federal election, Mr Dreyfus said a review of the prosecution was at the top of his to-do list. He expressed dismay at former attorney-general Christian Porter’s decision to authorise the prosecution in the first case.

Mr Dreyfus told the Australian Bar Association in April that the “very manner in which the government has sought to conduct the prosecution appears to me to be an affront to the rule of law”.

Labor was under pressure from crossbenchers, legal groups and human rights organisations to end the prosecution. The former Morrison government had spent more than $4.4 million on external legal costs in the case, a price tag expected to climb sharply once the trial got under way.

In 2020, Mr Collaery used an interview with The Australian Financial Review to liken the charges to something from Stalinist Russia, saying they showed fragility in Australia’s democracy.

Kieran Pender, a senior lawyer at the Human Rights Law Centre, said it was an important day for Australian democracy.

“Bernard Collaery should never have been prosecuted,” he said.

“The Attorney-General has done the right thing and should be applauded for that.

“Whistleblowers should be protected, not punished – it’s as simple as that. From war crimes in Afghanistan to misogyny in Parliament House, there are many important stories that would never have been told were it not for the courageous actions of those who spoke up.

“The Attorney-General’s decision is also a testament to the enduring work of lawyers, barristers, civil society organisations and activists who have fought this unjust prosecution, inside and outside the court-room for more than four years.”

Mr Pender called on Mr Dreyfus to make a similar intervention in the ongoing prosecutions of whistleblowers David McBride and Richard Boyle.

Mr McBride spoke out over alleged war crimes by Australian soldiers in Afghanistan, while Mr Boyle revealed unethical practices at the Australian Taxation Office.

“The federal government must also make sure that cases like these can never happen again. Reform to the Public Interest Disclosure Act is now six years overdue. Ensuring people can safely and lawfully speak up about wrongdoing, without fear of prosecution, must be a priority for the Albanese government,” Mr Pender said.