Page:R v McBride (No 4).pdf/19

 79․ In late 2015, Mr McBride was given, and took up, the opportunity to read the report that had been prepared by the officers of the IGADF. He did not raise any concerns about the report with anyone at the IGADF.

The disclosure to Chris Masters

80․ In late 2014 (or early 2015), after he had submitted the IGADF Submission but before he was advised of the outcome of the inquiry, Mr McBride obtained the phone number of Chris Masters, an Australian journalist. He sought out Mr Masters because he knew that Mr Masters had written about the ADF. He phoned him and left a message. Mr Masters returned his call and they had a lengthy conversation in which Mr McBride outlined some of his complaints about the ADF.

81․ Subsequently, at Mr Masters' request, they met at a hotel named "Hotel Hotel" in New Acton, ACT, and discussed Mr McBride's complaints. Mr McBride took a plastic bag to the meeting containing two lever arch folders, being the IGADF Submission and the Supporting Documents. He gave Mr Masters the two folders of documents. At the time of doing so, he was aware that his conduct gave rise to the risk of him being prosecuted and punished by being subject to a sentence of imprisonment.

82․ Mr McBride met with Mr Masters on two subsequent occasions, but they did not discuss the documents or complaints in great detail. The IGADF Submission and the Supporting Documents provided to Mr Masters contained a significant amount of "military information" within the meaning of s 73A of the Defence Act. Mr McBride did not have authority or permission to provide the documents and the provision was not in the course of his official duties. Mr McBride was aware that ADF Instructions, which had the force of law, prohibited the provision of the documents to Mr Masters. It is the giving of the IGADF Submission and the Supporting Documents to Mr Masters that is one component of count 2.

83․ Mr Masters did not publish any of the material provided to him by Mr McBride.

Disclosure to Andrew Clark

84․ In late 2014 (or early 2015), after he had provided the documents to Mr Masters, Mr McBride contacted another Australian journalist named Andrew Clark. He knew Mr Clark through a family member. He arranged to meet Mr Clark at a property in Forrest in the ACT.

85․ Mr McBride took two lever arch folders with him to the meeting. These contained the IGADF Submission and the Supporting Documents. He gave these folders to Mr Clark as he believed Mr Clark could help him advance his complaints. Mr McBride knew that