Page:R v McBride (No 4).pdf/12

 removed them from the headquarters by putting them in his backpack and exiting the facility. He took them to his private residence in the ACT. This was the commencement of his offending which is charged as count 1, the rolled up count of theft.

43․ He engaged in similar conduct of printing and removing documents from other ADF facilities where he was based from time to time. This included the Victoria Barracks in Sydney. He took these documents to his private residence in the ACT. Between May 2014 and December 2015, he removed 235 documents from ADF facilities. He did not have permission to do so. 207 of the documents held the national security classification SECRET.

44․ On 3 November 2016, he moved into a new residence in Griffith in the ACT. He stored the documents in four large plastic storage tubs in a cupboard in the lounge room. Unsurprisingly, this did not comply with the Commonwealth government's policy on storage of information bearing the protective marking SECRET.

45․ On 1 February 2018, Mr McBride engaged a real estate agent to sell the property. It was open for inspection by prospective buyers on a number of occasions. Members of the public walked through the property to inspect it. Mr McBride was not in attendance during these inspections. During the public inspections, the documents remained in the plastic tubs in the cupboard of the lounge room.

46․ On 26 February 2018, the Australian Federal Police (AFP) executed a search warrant at the Griffith property, where they located and seized the documents from the tubs in the cupboard in the lounge room.

47․ It is the theft of the 235 documents between May 2014 and February 2018 that gives rise to count 1, the count of theft.

Complaint to AFP

48․ On 14 May 2014 (the day after his initial submission to the IGADF – see [51] below), Mr McBride accessed the AFP website to report a crime. He submitted a document entitled "Notification of Potential Improper Conduct by Senior Defence Officers, and the Defence Force Investigation Service." In the document (which was not tendered for the purposes of the sentencing hearing), Mr McBride outlined that the following offences may have occurred:


 * (a) conspiracy to pervert the course of justice;


 * (b) misuse of Commonwealth resources;


 * (c) interference with a legal officer performing their duty;