Technology

Australian Federal Police send a brief of evidence to the Commonwealth DPP, recommending charges be considered for an ABC journalist for publishing classified information over stories about potential war crimes.

Australian Federal Police have asked prosecutors to consider charging an ABC journalist for publishing classified information over stories on potential war crimes.

  • The AFP have forwarded a brief of evidence to prosecutors one year after raiding the ABC
  • It is understood the brief of evidence only names one of the journalists investigated
  • Any prosecution would have to be approved by the Attorney-General

ABC journalists Dan Oakes and Sam Clark were first notified they were under investigation nearly two years ago, after publishing a series of stories known as the Afghan Files.
Police have confirmed officers have sent a brief of evidence to the Commonwealth Director of Public Prosecutions, which will now weigh up whether to lay charges.
It is understood the brief of evidence only relates to Mr Oakes, not his colleague, Mr Clark.
But special protections for journalists mean even if prosecutors want to go ahead with charges, it will have to be formally approved by Attorney-General Christian Porter.
It would be the first time Mr Porter has used his oversight power since they were introduced last year.
“The Australian Federal Police received a referral on 11 July, 2017, from the Chief of the Defence Force and the then-acting secretary for defence in relation to the broadcast and publication of information assessed as classified material,” an AFP spokesman said.
“A brief of evidence has now been forwarded to the Office of the Commonwealth Director of Public Prosecutions.”
The investigation led to the AFP’s dramatic raid of the ABC’s Sydney headquarters last year, and sparked widespread concern over press freedom in Australia.
The raids came one day after federal police searched the home of News Corp journalist Annika Smethurst.
Police announced earlier this year that charges against Ms Smethurst would not go ahead.
In her case, a brief of evidence was not forwarded to prosecutors.
A spokesman for Mr Porter declined to comment.