ABC journalist Dan Oakes will not be prosecuted over Afghan Files leak
Federal police have confirmed ABC journalist Dan Oakes will not be prosecuted over his reporting on alleged war crimes carried out by Australian special forces in Afghanistan.
Key points:
Commonwealth prosecutors considered three criminal charges relating to Dan Oakes's reporting
The Afghan Files were based on leaks from the Department of Defence, alleging possible war crimes
Federal authorities deemed it not in the public interest to pursue the matter further
The Commonwealth Department of Public Prosecutions (CDPP) said there was a reasonable chance of securing a conviction against Mr Oakes over the leaked classified documents that he used to form the basis of his reporting.
But the CDPP said there was no public interest in pursuing a prosecution.
In a statement, the Australian Federal Police (AFP) said it had referred a brief to the CDPP, outlining three potential criminal charges.
"In determining whether the matter should be prosecuted, the CDPP considered a range of public interest factors, including the role of public interest journalism in Australia's democracy," the AFP statement said.
"The CDPP determined the public interest does not require a prosecution in the particular circumstances of this case.
"As a result of this determination, the AFP has finalised its investigation into Mr Oakes."
The Afghan Files
The ABC's Afghan Files stories in 2017 gave an unprecedented insight into the operations of Australia's elite special forces, detailing incidents of troops killing unarmed men and children and concerns about a "warrior culture" among soldiers.
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The Afghan Files reports, by Mr Oakes and fellow journalist Sam Clark, were based on leaked Defence documents.
The reports covered allegations of unlawful killings by Australian soldiers in Afghanistan.
The AFP earlier this year confirmed it wouldn't pursue charges against Mr Clark, but uncertainty continued to hang over Mr Oakes.
"It's been three years, so it is a considerable relief," Mr Oakes told the ABC.
"It doesn't come as a surprise to me that it's taken this long to resolve this matter, but look, it's obviously not ideal and it has been a very difficult three years."
https://www.abc.net.au/news/2020-10-15/dan-oakes-afghan-files-prosecution-decision/12771304