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this post was submitted on 19 Nov 2023
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McBride's trial began this week but was delayed by his failed appeal against a preliminary decision that he had no legal duty to defy orders that were against the public interest.The ACT Supreme Court also knocked back a bid to include as evidence documents the defence team believed were vital to their case.
The court heard this week that, while serving as an army lawyer in Afghanistan, McBride became concerned by what he believed was the "over-investigation" of alleged misconduct by special forces troops.
His lawyer, Stephen Odgers, argued that this oath gave McBride a duty to reveal information if it advanced the interests of the Australian public.
He noted the judge's decisions meant important trial evidence would have been heard in secret, away from the jurors, dealing McBride's defence "a fatal blow".
ACT Chief Justice Lucy McCallum noted the long delays in hearing the case, saying the charges related to events six to 10 years ago.
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