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Witness J

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Witness J, also known by the pseudonyms Alan Johns[1] and Prisoner 123458,[2] is a former officer of the Australian Secret Intelligence Service (ASIS)[3][4] who was subject to a secret trial (under section 22 of the National Security Information (NSI) Act),[5] and secret imprisonment in 2018, for supposedly breaching Australian national security laws.[2]

Life and career[edit]

Witness J is a graduate of The Royal Military College, Duntroon and served with distinction in East Timor, Afghanistan and Iraq.[6] He was awarded an Operational Service Medal for serving alongside special forces in Afghanistan as part of Operation Okra.[7]

In 2017, Witness J was working for an Australian commonwealth intelligence agency at an Australian embassy "in a South-East Asian capital" and concerns were raised about his behaviour, including a trip to Singapore without written approval.[7] These concerns were not addressed, and as a result witness J's security clearance and job were terminated.[8] Witness J complained to the agency he worked for that he had been unfairly treated over an unsecured email system.[7]

Trial and imprisonment and public reports[edit]

Witness J pleaded guilty to the charges and received a sentence of 15 months at Canberra's Alexander Maconochie Centre sexual offender wing, despite not being a sexual offender.[5] The secrecy of the trial has been widely condemned, with New South Wales Supreme Court Justice Anthony Whealy questioning whether Australia is becoming a totalitarian state.[9]

Witness J was released from custody in August 2019,[10] subject to regular psychological testing and an overseas travel ban.[11]

The first public report on Witness J's imprisonment was a 13 November 2019 article by Robert Macklin.[12] Witness J had contacted Macklin for help publishing a memoir about his time in Alexander Maconochie Centre, which Witness J claimed was exclusively about his time in prison and did not contain sensitive information.[1] In February 2019, soon after Witness J first contacted Macklin, the Australian Federal Police Witness J's cell, his brother's home and restricted email access.[13] Witness J took unsuccessful civil action in the Supreme Court of the Australian Capital Territory, claiming that his human rights had been violated.[2] A hearing regarding this case on 8 November is what Macklin first reported on.

On 9 June 2021 a public hearing into how section 22 of the National Security Information (NSI) Act was used to secretly convict witness J was made by The Independent National Security Legislation Monitor (INSLM) Grant Donaldson.[5] The hearing found that after having his employment terminated he used an open network to air complaints against his agency. In the course of this correspondence he had revealed classified information which could endanger the lives of others.[5] ASIO Chief Mike Burgess gave evidence during the public inquiry.

In 2023, relevant parties including the ACT Supreme Court agreed to release a redacted version of Witness J's sentencing details. The details revealed: [14][15][8]

  • Witness J was convicted of using an insecure channel to communicate classified information.
  • Sentencing Judge John Burns refused to accept that J was not aware of the seriousness of his actions. But he did accept that J's moral capacity was reduced due to mental health issues. He found J was motivated by anger at perceived unfair treatment, and a lack of confidence in the process available to challenge that treatment.
  • Witness J was sentenced to 2 years but only served 15 months.

Impact of case[edit]

The case sparked debate in the media about the unprecedented secrecy of the proceedings and its violation of the open justice principle underpinning Australia's legal system.[1][16] The Australian Capital Territory's Justice Minister Shane Rattenbury was unaware of the secret prisoner until learning about him through the media even though Prisoner J had been held in the Territory's Alexander Maconochie Centre over which Rattenbury had ministerial oversight.[16][17] The use of a wholly closed criminal trial in the matter was described as "unprecedented" by the Independent National Security Legislation Monitor, with the possible exception of trials during World War I or World War II.[17]

Some details of Witness J's case will remain secret for up to 20 years, despite the release of a redacted version.[14]

ACT Chief Justice Lucy McCallum said that open justice is important and the wholly secret trial should not have happened (describing it as "anathema to the rule of law", but that sometimes some information must be secret for national security.[15]

The National Security Act, under which information regarding the charges, hearing and sentencing of Witness J remained completely secret is being reviewed by the National Security Legislation Monitor (headed by Grant Donaldson) at the direction of the Albanese Labor Government.[8]

The memoir regarding Witness J's experience while incarcerated was published in 2020 as Here, There are Dragons.[18] Profits of the book go to a mental health charity due to proceeds of crime laws.[19] The book discusses Witness J's experience being held in the sexual offender wing, alongside high-profile criminals.[11][20]

See also[edit]

References[edit]

  1. ^ a b c Knaus, Christopher (19 November 2019). "Author who tried to help mystery prisoner publish memoir hits out at secret trials". The Guardian. ISSN 0261-3077. Retrieved 16 June 2024.
  2. ^ a b c Probyn, Andrew (5 December 2019). "Inside the secret trial that led to a secret prisoner being locked away". ABC News. Australian Broadcasting Corporation. Retrieved 13 March 2020.
  3. ^ J, Witness. "@WitnessJ8". X. X. Retrieved 27 August 2023.
  4. ^ Burnside, Julian. "Witness J – Another Victim of National Security's Tightening Grip?". Julian Burnside. Julian Burnside. Retrieved 27 August 2023.
  5. ^ a b c d McKnight, Albert. "Details of Witness J case revealed as review told Australia has no place for secret trials". The RiotACT. Retrieved 19 July 2021.
  6. ^ "Inside the secret trial that led to a secret prisoner being locked away". www.abc.net.au. 4 December 2019. Retrieved 19 July 2021.
  7. ^ a b c Probyn, Andrew (9 March 2020). "Witness J surrenders war medal, accuses his former employer of failing him". ABC News. Retrieved 10 June 2024.
  8. ^ a b c Byrne, Elizabeth (19 April 2023). "'Grossly reckless, driven by anger': ACT Supreme Court releases Witness J sentencing remarks". ABC News. Retrieved 8 May 2023.
  9. ^ ""You Have a Right to Know": An Interview With Witness J". Sydney Criminal Lawyers. 31 December 2019. Retrieved 19 July 2021.
  10. ^ "Why we need to know more about the secret trial of Witness J". Australian Financial Review. 6 March 2020. Retrieved 19 July 2021.
  11. ^ a b Jacobs, Genevieve. ""Witness J" on secrecy, suppression and living with sex offenders inside the AMC". The RiotACT. Retrieved 20 July 2021.
  12. ^ Julian Burnside, Mikele Prestia (21 December 2019). "The secret trial of Witness J". The Saturday Paper. Retrieved 16 June 2024.
  13. ^ Knaus, Christopher (19 November 2019). "Mystery prisoner held in Canberra jail after secret conviction was raided by AFP over memoir". The Guardian. ISSN 0261-3077. Retrieved 16 June 2024.
  14. ^ a b "Sentencing details in secret Witness J trial may be kept hidden for 20 years, court told". The Guardian. 4 April 2023. ISSN 0261-3077. Retrieved 8 May 2023.
  15. ^ a b "Ex-intelligence officer Witness J's mother did not know he was in jail, sentencing remarks reveal". The Guardian. 19 April 2023. ISSN 0261-3077. Retrieved 8 May 2023.
  16. ^ a b Knaus, Christopher (22 November 2019). "ACT justice minister says even he was kept in dark over secret prisoner". The Guardian. Retrieved 13 March 2020.
  17. ^ a b Lawson, Kirsten (4 March 2020). "Witness J case unprecedented, says national security watchdog". The Canberra Times. Retrieved 13 March 2020.
  18. ^ J, WITNESS; Macklin, Mr Robert; QC, Mr Julian Burnside AO (25 May 2020). Here, There are Dragons. John Smith. ISBN 978-0-646-81739-2.
  19. ^ "Witness J takes us inside Canberra's AMC jail in 'Here, there are Dragons'". ABC Radio National. 14 June 2020. Retrieved 19 July 2021.
  20. ^ "'Humanising the inhuman': How 'Witness J' survived 15 months in Canberra's prison". The Canberra Times. 1 May 2020. Retrieved 16 June 2024.
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