- (b) In court proceedings between the ABC and members of the AFP which followed the execution of the search warrant, it was an agreed fact that Mr Oakes and another journalist relied on information provided to Mr Oakes by informants in circumstances where Mr Oakes had promised the informants not to disclose their identity. The stories ultimately run by the ABC, referred to as "The Afghan Files", stated that they were based upon information provided by such sources. The AFP has not identified any other person apart from Mr McBride known or suspected to have passed information or material to the ABC that resulted in the publication of those stories.
99․ The IGADF Submission, most of the Supporting Documents and most of the additional documents which Mr McBride provided to Mr Oakes contained "military information" within the meaning of s 73A. Mr McBride did not have authority or permission to provide the documents to Mr Oakes. He was aware that ADF Instructions, having the force of law, prohibited the provision of the documents to Mr Oakes. It is the disclosure of documents to Mr Oakes by Mr McBride that gives rise to count 3.
100․ Mr McBride and Mr Oakes had one subsequent meeting in person. After that, they communicated via the Signal app. Mr McBride later deleted most of his communications with Mr Oakes.
101․ Later, Mr Oakes contacted Mr McBride via Signal to discuss the contents of the stories that Mr Oakes intended to publish. In his interview with police, Mr McBride said:
But I met Dan Oakes, and I gave him all the materials. So again he was very enthusiastic and again he seemed to get it. And again, he was going to do a story. And he did do a story on it, but a totally different story to the one, um, that I was pushing.
…
He calls me and he says, "I'm going to run a story, it's going to be very damning, it's going to say the SAS kill people unnecessarily. I'm going to use this other witness[.] A total opposite to what you've said. I'm just warning you." And I was like, "Never call me again."
102․ On 10 and 11 July 2017, Mr Oakes published a series of articles which were collectively titled The Afghan Files. The information contained in the documents provided to Mr Oakes by Mr McBride was contained in this series of articles.
103․ On 11 July 2017, the AFP received a referral from the Chief of the Defence Force and the Secretary of the Department of Defence to investigate the unlawful communication of information.
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