Page:R v McBride (No 4).pdf/14

 evidentiary materials so as to enable a proper preliminary assessment of the matters raised.

55․ In July 2014, Mr McBride corresponded with the officer, indicating that he had completed his submission and that it included three lever arch files of supporting documents, most of which were classified SECRET.

56․ On 15 August 2014, he personally delivered his submission and its supporting documents to the office of the IGADF. In these reasons, the submission made on 15 August 2014 will be referred to as the IGADF Submission.

57․ There were 86 supporting documents. They were in two lever arch folders. Two versions of the IGADF Submission were also in the folders. The documents in the two folders of documents will be referred to as the Supporting Documents. Most of the Supporting Documents were the same as documents that Mr McBride had removed from the ADF facilities.

58․ The IGADF Submission contained information derived from the SECRET documents that Mr McBride had removed from ADF facilities. It also included other SECRET information that Mr McBride knew by virtue of his employment at the ADF. Because of the SECRET information within the IGADF Submission, that submission was also classified SECRET. Mr McBride was aware of the classification of the IGADF Submission. Most of the Supporting Documents were classified SECRET. The IGADF Submission and the Supporting Documents contained substantial amounts of naval, military or air force information as defined in s 73A(1) of the Defence Act.

59․ A redacted and unclassified version of the IGADF Submission was admitted into evidence as part of the Crown Tender Bundle.

The IGADF Submission

60․ The IGADF Submission was entitled "Detailed Information Relating to the Allegations of Illegal Investigations of Special Operations Task Group in 2013". The summary at the commencement of the submission was as follows:

In the following five cases, revealed under the protections provided by ref A, I believe there was an absence of the 'reasonable suspicion' necessary to commence a criminal investigation IAW ref B:


 * a. 03 Oct 10 (Shooting death of detainee)


 * b. 28 Feb 13 (Helicopter fire support CIVCAS)


 * c. 28 Apr 13 (SSE Incident)