“I have therefore decided to exercise my power under section 71 of the Judiciary Act not to proceed with the prosecution of Mr Collaery.”

The decision to discontinue the prosecution, the A-G said in a joint statement with Foreign Affairs Minister Penny Wong, was informed by the Albanese government’s commitment to protecting Australia’s national interest, including our national security and Australia’s relationships with our close neighbours.

Mr Collaery has twice appeared on The Lawyers Weekly Show to discuss his plight, including discussing why he was facing conspiracy charges and broader threats to the rule of law.

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In a statement issued via BigLaw firm Gilbert + Tobin, Mr Collaery said: “I am very pleased that the new Attorney-General has looked at this prosecution and all it has involved and taken steps to bring the case to an end. This is a good decision for the administration of justice in Australia.

“I want to thank all of the people across Australia who have supported me and worked so hard to assist me throughout this case. I am in awe of the depth of support in our community for ethical values. I also want to thank those close to me who gave me inner strength.

“I am deeply grateful for the inspirational and arduous work of the partners and staff of Gilbert + Tobin lawyers, and my dedicated team of barristers, all on a pro bono basis. Their resolute professionalism and humanity has restored my faith in the rule of law. This decision will allow me to move forward with my life and legal practice.”

The Attorney-General said that he had notified the ACT Supreme Court, the Commonwealth Director of Public Prosecutions and Mr Collaery’s legal representatives of the decision. Mr Collaery’s trial had been listed for October.

The Human Rights Law Centre has welcomed the decision to drop the prosecution, in which Mr Collaery was charged with five secrecy offences in 2018, pertaining to the alleged disclosure of information to the Timor-Leste government and the Australian media.

Since 2018, HRLC said, Mr Collaery has “endured a lengthy court process around the level of secrecy to apply to his trial and other related issues”, with his case involving almost 100 court dates and over a dozen interlocutory judgments, across the ACT Supreme Court, ACT Court of Appeal and the High Court.

HRLC senior lawyer Kieran Pender – who recently won the Pro Bono/Community Lawyer of the Year category at the 30 Under 30 Awards 2022, and has spoken on The Lawyers Weekly Show about the need to drop the prosecution of Mr Collaery – said that today is an “important day for Australian democracy”.

“Bernard Collaery should never have been prosecuted. The Attorney-General has done the right thing and should be applauded for that,” he argued.

“Whistleblowers should be protected, not punished – it’s as simple as that. From war crimes in Afghanistan to misogyny in Parliament House, there are many important stories that would never have been told were it not for the courageous actions of those who spoke up.”

“The Attorney-General’s decision is also a testament to the enduring work of lawyers, barristers, civil society organisations and activists who have fought this unjust prosecution, inside and outside the court-room for more than four years,” Mr Pender continued.

Looking ahead, Mr Pender and HRLC urged the Attorney-General to similarly intervene in the ongoing prosecutions of David McBride, who blew the whistle on alleged war crimes by Australian soldiers in Afghanistan, and Richard Boyle, who spoke up about unethical practices at the Australian Taxation Office. Boyle’s trial begins later this month.

“Whistleblowers make Australia a better place. The ongoing prosecutions of David McBride and Richard Boyle are not in the public interest. Those cases should also be dropped, as a matter of urgency,” Mr Pender submitted.

“The federal government must also make sure that cases like these can never happen again. Reform to the Public Interest Disclosure Act is now six years overdue. Ensuring people can safely and lawfully speak up about wrongdoing, without fear of prosecution, must be a priority for the Albanese government.

“The Collaery, McBride and Boyle cases are vivid illustrations of the importance of robust whistleblower protections and the damage done to the public interest when whistleblowers are prosecuted rather than protected.

“Those robust protections do not exist in Australia today and it’s beyond time that changed.”

Collaery was represented in the proceedings on a pro bono basis by law firms Gilbert + Tobin and White & Case, led by Dr Kate Harrison and Christopher Flynn, respectively. His barristers included Bret Walker AO SC, Phillip Boulten SC, Dr Christopher Ward SC, Ken Archer, Rose Khalilizadeh, Benjamin Dighton and Stephen Robinson.

G+T called the decision by the A-G a “win for the open and fair administration of justice”.

Firm partner Dr Kate Harrison said: “It has been a privilege for G+T to act for Mr Collaery in this important case. The case raised important issues about the degree of secrecy permitted by our courts under current legislation to allow cases involving national security matters to be dealt with behind completely closed doors, even where they involve important issues of public interest. The approach threatens the capacity of a defendant to receive a fair trial.”

Chris Flynn, a former G+T partner, added: “The A-G should be commended for taking a principled stance against this political prosecution. There is no discernible public interest or national benefit to the Commonwealth pursuing this criminal case.”