Bernard Collaery and Witness K
The bugging of Timor- Leste Government offices 2004 - Charges against Bernard Collaery were dropped on 7 July 2022.
Witness K was an operative of the Australian Secret Intelligence Service (ASIS) in 2004 when he was instructed to place bugs in the Timor-Leste Government offices under the guise of an aid program and during negotiations over the Timor Sea oil and gas resources. Without the government of Timor-Leste knowing of the bugging, a Treaty was signed for the resources with a 50:50 split between Australia and Timor-Leste in spite of the fact that the resources are much closer to Timor Leste than Australia.
Witness K was not comfortable with what had been done and reported his concerns to the Inspector-General of Intelligence and Security, the correct channel for internal complaints. Bernard Collaery, a former Attorney-General of the ACT, was acting as his lawyer in 2013 when both men had their houses raided, Bernard’s papers for the Timor-Leste case in the Hague against the Australian Government were taken as was Witness K’s passport. Charges were laid against both of them in mid 2018, with the approval of the former Attorney-General Christian Porter. The arrests came just three months after a new Treaty was signed, the previous one being void when the bugging became public. The new Treaty gave Timor-Leste a larger share of the resources.
Since that time the total number of court hearings for both men reached more than 70. Bernard pleaded not guilty and a decision on his appeal against the secrecy in his trial was handed down on 6th October 2021. See the decision here. Developments in his case were discussed on a Centre for Public Integrity Webinar at 1pm on 14 October 2021.
Witness K pleaded guilty and was sentenced in June 2021 to a three month suspended sentence and a 12 month good behaviour bond.
Secrecy was a hallmark of these trials with ‘national security’ being the excuse. But there is nothing secret about the bugging, it is common knowledge, and if national security were indeed at risk, the simplest solution would have been not to have prosecuted both these men of integrity and courage.
By seeking an economic advantage over our poorest neighbours through illegal and unethical activities, the Australian Government was acting not in the interests of the Australian people, but in the interests of Woodside Petroleum and other multinational companies. Alexander Downer, the Foreign Minister at the time, was engaged as a consultant for Woodside petroleum on leaving parliament.
The prosecutions could not have been in the public interest and they caused damage to the relationship between Timor-Leste and Australia.
Attorney General Dreyfus dropped the charges against Bernard Collaery on 7 July 2022. We call for a pardon for Witness K, compensation for both Bernard Collaery and Witness K and for an inquiry or ICAC investigation into the 2004 bugging.
For the most detailed history and documentation of these cases, see the Walking Together, La’o Hamutuk website and also https://justly.info
