Page:R v McBride (No 4).pdf/34

 167․ His motivation was therefore to remedy what he perceived to be an injustice occurring within the ADF, even if it involved him committing very serious criminal offences. It is clear that he did not commit the offences in order to achieve any financial gain for himself or in order to assist Australia's adversaries. Rather, the offending was motivated by his opinion that there was an injustice occurring to individuals and to the institution of the Army because of political pressures upon its senior management. Characterising the conduct as "honourable" is apt to mislead, unless that word is simply used to indicate that there were not base motivations of financial gain or other personal advantage or a desire to assist Australia's adversaries.

168․ It is therefore more appropriate to simply identify that the offending was not motivated by financial gain, personal advantage or a desire to assist Australia's adversaries. It may be accepted that the conduct reflected strongly held beliefs on his part. As I have indicated, no attempt was made to establish the correctness of those beliefs in these proceedings or to undermine the validity of the conclusions reached by the IGADF as a result of the inquiry arising from the IGADF Submission. Insofar as counsel submitted that Mr McBride was of the view that "the IGADF was biased and controlled by the Chief of the Defence Force", there was no attempt to establish that this was true or was a reasonable belief. To the extent that Mr McBride held that belief, it is only of relevance insofar as it precludes more reprehensible motivations such as a desire to assist foreign powers.

Honest belief not committing an offence

169․ Counsel for Mr McBride submitted that the court should find that Mr McBride honestly believed, "at the time he did all of the conduct that was the subject of these offences", that he was not committing any criminal offence. This was said to be on the basis that, although he knew that what he was doing breached disciplinary regulations and orders, he believed that he would ultimately be vindicated and a court would conclude that he acted in the public interest and thereby committed no criminal offence.

170․ Principal reliance is placed upon what is said in his recorded interviews with police in October 2018 and January 2019. However, the statements made during these interviews, when taken as a whole, do not permit a finding that Mr McBride honestly believed that he was not committing any criminal offence. Rather, they indicate that, in a non-specific way, he hoped that his conduct would ultimately be somehow vindicated. That is very different from an honest belief that no offence was occurring.