Page:R v McBride (No 4).pdf/13

 :(d) failure to comply with a general order; and


 * (e) improperly prejudicing ADF members' careers.

49․ On 16 May 2014, Mr McBride met with two AFP officers to discuss his complaint. He told them that he was concerned that ADFIS was investigating matters in which no criminal offence had occurred. He made reference to four incidents in which the deaths of civilians had occurred and contended that there were insufficient grounds to suspect that a criminal offence had been committed by an Australian soldier. He also complained that even if the investigators had formed the view that the investigations were warranted, proper processes were not followed. Mr McBride stated that certain investigations by ADFIS into Australian soldiers were a waste of time and were having a severely adverse effect on the soldiers being investigated.

50․ At the conclusion of this meeting, the AFP advised Mr McBride that the information provided by him did not disclose evidence of a criminal offence and related to internal ADF matters. The AFP indicated that the IGADF would be best placed to investigate his concerns.

Mr McBride's complaint to the IGADF

51․ Mr McBride used the documents he removed from ADF facilities to prepare various complaints about practices within the ADF. On 13 May 2014 (the day before he used the AFP website to report a crime), he sent a submission to the IGADF enclosing "two individual submissions relating to Military Justice".

52․ The first submission was entitled "Individual Submission for IGADF on the Investigation of Serious Incident Occurring On Operations". It was one page long and contained four numbered paragraphs. It asserted that the "current ADF policy resulted in the commencement of discipline investigations in contravention of Australian law and ADF policy". It indicated that he would supply detailed reasoning and evidence upon request. It indicated that his superiors were aware of him having made the individual submission and had neither discouraged nor endorsed it.

53․ The second submission was entitled "Individual submission for IGADF on Improper Discrimination in the ADF". It was also one page long. The submission asserted that "Army (through DOCM) are using illegal/and or improper process to select officers for promotion and ACSC".

54․ The same day that he sent the submission to the IGADF, an officer responsible for investigations within the Office of the IGADF asked Mr McBride to provide the relevant