104․ The Commonwealth Director of Public Prosecutions subsequently decided that, notwithstanding that there was a reasonable prospect of conviction, it was not in the public interest to prosecute Mr Oakes.
Departure, return, arrest and interviews
105․ Mr McBride departed Australia for Spain on 22 September 2017. He had no immediate intention of returning to Australia. Almost a year later, on 1 September 2018, he returned to Australia to attend a family event. He was arrested on 5 September 2018 at Sydney International Airport as he attempted to board a plane to return to Spain.
106․ On 13 October 2018, he participated in a recorded interview with the AFP. On 22 January 2019, he participated in another interview with the police.
The police interviews
107․ Mr McBride participated in two interviews with police, the first on 13 October 2018 and the second on 22 January 2019. The first interview largely involved Mr McBride saying what he wanted about what had occurred. It extended over 33 pages of transcript. This interview is of significance because, in parts of it, Mr McBride gives his explanation for why he did what he did. The second interview involved the police asking specific questions relevant to the offence provisions. Mr McBride gave his answers over 49 pages of transcript. This interview is of significance because it allowed the police to obtain admissions relating to particular aspects of the offences with which Mr McBride had been, or would be, charged. On both occasions, his ex-wife attended as a support person.
Procedural history
108․ Prior to 31 May 2016, when the officer at ADF Legal Services wrote to Mr McBride in relation to the publication of documents on the Website, the ADF was aware that he had created the Website. No disciplinary action or prosecution was brought in relation to this conduct.
109․ On 5 September 2018, when Mr McBride was arrested, he was charged with one count of an offence of theft under s 131.1 of the Criminal Code. He was granted bail.
110․ On 7 March 2019, three charges were laid under s 73A(1) of the Defence Act and one charge of an offence under s 70 of the Crimes Act.
111․ On 30 May 2019, he was committed for trial. At that stage, Mr McBride was unrepresented. He indicated that he wished to formally make admissions of certain matters by way of agreed facts. The Crown drafted a document reflecting, in large part,
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