Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I thank Senator Patrick for the question. This matter is currently before the court. In fact it is in the court today, so I will be very cautious in the comments that I make to Senator Patrick.

Senator Patrick, you did ask questions at Senate estimates and you were provided with the responses that you have referred to. What I can now say in relation to your question is this: the Commonwealth Director of Public Prosecutions considered the brief of evidence and made an independent decision that a prosecution was the appropriate course of action in relation to this case. As you have stated, this was done in accordance with the Prosecution Policy of the Commonwealth that requires the CDPP be satisfied that the prosecution would be in the public interest.

Mr Collaery was charged with an offence of conspiracy to communicate Australian Secret Intelligence Service information, contrary to section 11.5 of the Criminal Code Act 1995 and section 39 of the Intelligence Services Act 2001, with further offences of communicating Australian Secret Intelligence Service information, contrary to section 39 of the Intelligence Services Act 2001. You would also be aware that witness K has been charged with an offence of conspiracy to communicate Australian Secret Intelligence Service information, contrary to section 11.5 of the Criminal Code Act 1995 and section 39 of the Intelligence Services Act 2001.

As I said, this is an independent decision that the CDPP made in terms of— (Time expired)