The generals get to choose which information is available to the court, but the generals also have the most to gain from McBride being convicted. It would surely be unconstitutional for the court to convict McBride as he cannot defend himself, surely allowing the High Court to overturn it? I don’t actually know that much but this whole thing is BS, the media are actively avoiding it and the ABC and Crikey have decided to label him a culture war villain.
100%, it’s total BS! Kafka coulnot have come up with this farce.
Remember how in November the court ruled on the definition of ‘duty’? Michael West reports that if McBride gets a prison sentence on Tuesday, there will likely be an appeal:
If there is a custodial sentence, sources told MWM the defence is likely to appeal on grounds that Justice Mossop’s decision to strike out of McBride’s public interest defence was too narrow, that army lawyers had a duty to the court and the public interest, not just to obey orders if they considered the orders were wrong.
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