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Australia shredded all decency in the persecution of Bernard Collaery

By Susan Connelly - posted Friday, 26 November 2021

James Bond's ridiculous plots have been presented over decades by a string of elegant macho actors draped with impossibly air-brushed femmes fatales and evil but endlessly outwitted masterminds. Convoluted narratives are replete with bombs, harpoons, dagger shoes and vicious monsters, all employed or thwarted by polished, promiscuous patriotism.

Spycraft is a deceit engaged in from time immemorial as a weapon to protect "us" from "them". Bletchley Park to Johnny English covers the whole gamut from actual need to spook spoof.

And then we have an Australian version. Here, the whole edifice of espionage - its necessity, limits and ingenuity – is betrayed by an act that spits at human decency.


Our spying against Timor-Leste was planned and financed by the Howard administration, and then undertaken by the Australian Secret Intelligence Service (ASIS). It occurred in 2004, concerned negotiations over Timor Sea resources, and featured spies impersonating AusAid workers refurbishing the offices of the Timorese prime minister. Bugs were inserted in the walls, the signal was beamed to a boat in Dili Harbour, then to the Australian embassy and on to Canberra. The content of the meetings, how far the Timorese would compromise, how they interacted, who had what position - all was known to the Australians. The deal reached was highly beneficial to Australia and its resources corporations, particularly Woodside. The foreign minister responsible was Alexander Downer.

The deceit continues. One of the spies, Witness K, had the courage to cry foul once Downer's lobbying for Woodside became clear. Realising that his employment was affected by his complaint he decided to seek legal advice, and was provided by the relevant authorities with a list that included Bernard Collaery's name, a lawyer experienced at acting for the intelligence community and also a legal adviser to the Timorese government. Once the Timorese government understood that it had been tricked, it withdrew from the treaty and finally clinched the fairer Maritime Boundary Treaty.

Two months later, Witness K and his lawyer were charged. Now, vast secrecy around the prosecutions prevails as per the National Security Information Act.

National Security. National security. National security. So threatening to Australian lives and livelihoods was this episode that well over 50 hearings have taken place with no trial for Collaery yet in sight. On October 6 the ACT Court of Appeal decided that the veil of secrecy was to be lifted a little. The attorney-general countered by submitting yet more evidence that is to be assessed by a government-appointed judge. Collaery and his legal team are not privy to this new material.

The Australian people are expected to believe that these measures are necessary because their security is under threat. What might that threat be?

Are the functions of the multimillion-dollar Australian intelligence services and their thousands of employees at risk because of the episode in Timor all those years ago? Are our current methods of spying now useless? Will Australia's legitimate espionage activities no longer serve the nation? Is some foreign country now in a better position to entrap, attack, fleece or undermine Australia? Will the government's capacity to feed, house, employ or protect its citizens evaporate? Does the Reserve Bank have its back to the wall and will the Stock Exchange collapse? Will children languish from hunger and disease because a treaty fairer to the Timorese eventuated? Will Parliament House explode? What is the threat?


The recourse to national security in this case is as credible as any James Bond plot. The truth is that there are other reasons for the driven determination of the present government to pursue and punish Collaery. It is warning us all that conscience has no place in a nation willing to swindle impoverished neighbours. It is asserting that protecting politicians' reputations, such as Downer's, ranks higher than telling the truth.

The most ridiculous aspect of all this is that people worldwide now know that Australia spied on Timor-Leste for financial gain. Could it be that the greatest threat to national security is that the running of our country is in the hands of people responsible for this farce?

So the government turns out not to be James Bond after all, or even Johnny English. They at least are shown as having a principle or two, and in Bond's case some brains.

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This article was originally published by Pearls and Irritations:

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About the Author

Susan Connelly was a Catholic primary school principal, and taught scripture in state schools. From 1994 - 2012 she worked in cultural and advocacy issues with Timorese people. Bloomsbury will soon publish her PhD thesis as "East Timor, René Girard and Neocolonial Violence: Scapegoating as Australian Policy".

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