The barrister acting for defence whistleblower David McBride has told a judge that merely obeying orders “ignores Nuremberg” in arguing his client was duty-bound to leak confidential material relating to war crimes investigations to the media.
Stephen Odgers, SC, said his client was motivated by a belief special forces soldiers were being illegally investigated, after Crown prosecutor Patricia McDonald, SC, told the court the accused man had said journalists had used the documents to publish “the opposite of what I believed”.Credit:An ACT Supreme Court hearing ahead of a jury trial beginning on Thursday has centred on whether the former military lawyer acted within his duty to serve the public interest while at the same time disobeying orders, prompting McDonald to argue obeying orders was “definitional to what it means to be a soldier”. But Odgers said that in modern Australia, military service didn’t necessarily equate to following orders blindl
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