Page:R v McBride (No 4).pdf/29

 134․ As a barrister, he took on some legal work with the Army Reserve and eventually joined the Army on a full-time basis as a lawyer in 2009.

135․ In 2011, he was deployed to Afghanistan where he remained for nine and a half months as a legal officer.

136․ The performance appraisals from the Army show that, during the period from August 2012 until September 2014, he was receiving very positive assessments of his performance and conduct. These are discussed in more detail later in these reasons (see [153]–[157] below).

137․ He returned to Afghanistan in 2013 as a Legal Officer for the Special Operations Task Group.

138․ In December 2013, he again received a positive performance assessment.

139․ In a performance assessment in September 2014, he was recorded as having prioritised a personal representation to the IGADF (the IGADF Submission) between May and September of that year, which impacted upon his capacity to perform his assigned duties.

140․ He separated from his wife in 2016. The couple were divorced in 2018.

141․ He was diagnosed in 2016 as suffering from Major Depressive Disorder. He was medically discharged from the Army in early 2017. He was diagnosed to be suffering from PTSD. Dr Adesanya, a psychiatrist, identified the primary diagnosis as being PTSD, which explained the development of the symptoms of Major Depressive Disorder, anxiety, Alcohol and Substance Use Disorders and associated symptoms.

142․ After being medically discharged, and after Mr Oakes published "The Afghan Files", Mr McBride went to Spain. He lived off his superannuation. He was arrested after returning to Australia in September 2018.

143․ Mr Borenstein records the conclusion that Mr McBride's "sensitivity to diversions from moral and ethical standards made him vulnerable to developing symptoms of Major Depressive Disorder and PTSD against which he relied on alcohol and prescription medication (Dexamphetamine), as a form of self medication, which was the case prior to and during the offending period."

144․ Mr Borenstein also records that Mr McBride's current presentation is improved because of daily exercise, attendance at Alcoholics Anonymous meetings and combined psychiatric and psychological treatment. In a supplementary report, he records that Mr McBride's symptoms would worsen if subject to a custodial sentence, "possibly requiring intensive psychiatric and psychological treatment, and inpatient care".