“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke

The

Whistle No. 87, July 2016

Newsletter of Whistleblowers Australia (ISSN 2205-0299)

Lesley Pinson, 1960–2015 (see page 2)

Tribute to Lesley Pinson, 1960–2015

Lesley Richard Blake. Richard was another Louise Hobden highly competitive individual, so the meetings were often a bit lively, My very special friend — because Lesley was quick to grasp the I had known you detail of your story and see the way For forty-four years. through and just as quick to lose patience with you if you didn’t run Even though you were with it. The other side of the world Lesley was formerly an auditor with For twenty-six of those years the State Rail Authority (SRA). She In your beloved Australia. had systematically documented inci- dents of theft and more serious system- What a brilliant brain you had wide fraud from the top down con- You always were a trailblazer, cerning freight, petty cash, wages, Taking risks, pushing the boundaries— leave entitlements and backhanders Leading me astray …! and made possible by an entrenched culture of sexual and racial harass- Willing to give advice ment. Lesley understood the SRA was Hating injustice and unfairness a corrupt organisation, but the senior Keenly interested in politics and world management didn’t want to know. They just wanted to shut her up and affairs Charlie and Lesley Pinson Wanting to be a champion for peace eventually they dismissed her. Remembering Undaunted, Lesley took her claims Often in awe of other people of corruption and cover-up to the So generous with your compliments Lesley Pinson press, Brian Langton MP, Shadow Naively unaware that it was you Cynthia Kardell Minister for Transport, and the Inde- Who deserved them. pendent Commission Against Corrup- I WAS deeply saddened to learn that tion (ICAC), which, as was its habit, It was all of these traits Lesley Pinson died alone on Christmas referred them back to the SRA for Ever since you were a teenager day last year and was not found for investigation. It all became very messy That led you to be so brave. two days. I don’t know why dying politically and an election issue when alone always seems so shocking, but it Barry O’Keefe QC, Commissioner of Not much fun does. Although I’m not surprised she the ICAC, airily dismissed Lesley’s Being a single mum was alone, because Lesley could be a claim that the SRA was corrupt, But you have a wonderful son really difficult, sharp-tongued friend to because the ICAC was under serious Who was your pride and joy. be around if you didn’t do as you were attack itself at the time. And by then told. I hope she wasn’t in pain or Brian Langton had the benefit of a Your life must have been such a frightened. preliminary assessment of Lesley’s struggle Lesley is survived by her son work, after he had encouraged Lesley Given the series of misfortunes Charlie, who was 19 when she died. to take her claims to Tony Harris, You encountered — He was only a toddler when I last Auditor General of the Audit Office of After blowing the whistle knew him, so I’m remembering Lesley NSW. for him as much as for the part she When Brian Langton became the Ultimately your courageous nature played in our lives, because she was a Minister for Transport in April 1995 Was your undoing strong, capable woman who could find he formally requested the Audit Office And it seems so unfair it in herself to help others at times to conduct a full inquiry into the SRA. That you died alone and a virtual when her own life must have been in Lesley publicly rallied other SRA recluse. free fall. The Lesley I knew was also whistleblowers, some of whom had insightful, innovative and resourceful already come to Whistleblowers Aus- Thankfully your selfless endeavours and she was good for our organisation. tralia to make submissions to the Audit Have, and will, help so many others I look back with thanks. Office. The report on the inquiry was Who struggle to become I met Lesley at the first Tuesday completed and submitted to state Whistleblowers. night “Caring and Sharing” meeting I parliament in May 1996. It compre- attended at the Presbyterian Church hensively found that the SRA was Hall in Balmain, which she co-con- indeed corrupt and called for root and vened with former branch president branch reform. Lesley was quietly Jim Regan and committee member triumphant, no doubt relieved but really anxious about whether the

2 The Whistle, #87, July 2016 proposed changes would have the know today. The first issue was pub- those who supported the treasurer’s desired result. lished in August/September 1995. I account. Afterwards, it was never the In an article in the Sydney Morning can even hear her in my head now. She same between us. She was elected as Herald on 29 May 1996 entitled was on the phone one day. “We should an ordinary committee member at the “Langton challenges ICAC over call it The Whistle.” And later on, “I’ve 1998 AGM, but looking back she was SRA,” Langton slammed the ICAC for found a picture of a whistle, for the gone from the life of the organisation its incompetence and called on it to logo.” “Yeah, that’d be good” I said. by early 1998. explain how it could justify its contin- And so it was that The Whistle as we Remembering Lesley I realise she uing existence. O’Keefe wasn’t having know it today was born, name, logo, was at her best when she was organis- any of it and famously retorted on Edmund Burke and all. ing a campaign she believed in. This is radio that he’d always known the SRA where she shone, although woe betide was corrupt, in fact that it was “a anyone who refused the call to arms. I bottomless pit of corruption” (as remember in 1997 when Jean Lennane, Lesley reported in The Whistle in June Whistleblowers Australia’s founding 1996). He wanted more funding if he president, wanted us to join with others was going to conduct a full corruption to form the Australian Child Protection inquiry. Alliance to expose the politicians and members of the judiciary and others who were abusing the adolescent pros- titutes or ‘rent boys’ who ‘worked the wall’ in Darlinghurst. Jean co-opted Franca Arena, Labor MLC and Lesley co-opted the willing and not so willing Whistle image chosen by Lesley for the to hold night time vigils outside front page of The Whistle Parliament House and worked on the media. In 1996 the NSW branch set up an office in the former vestry under the church at Balmain. I had the phone connected almost immediately and by mid 1997 we had acquired fax, computer and printer facilities. Initially Lesley and I took turns to attend the office once or twice a week, but even- tually Lesley was routinely there two or maybe three days a week. It was Barry O’Keefe opportune because she’d become O’Keefe’s problems were just begin- national director in December 1996 ning, but by July 1996 it was and it allowed her to pursue what she effectively all over for the SRA. saw as a more national role. She’d Lesley’s whistleblowing eventually led often ring me twice, even three times a day. I always thought she was sort of to some high profile scalps, a number thinking out loud, because she didn’t of prosecutions and the SRA being want much from me — just an ear and Franca Arena broken up into four separate entities, including what we know today as City the occasional uh-huh. She’d rave on about what she’d just been on the It’s fair to say that Franca put the cat Rail. And although Lesley knew who among the pigeons (and her job on the had done what and to whom and so phone to a journalist about or the latest corruption scandal in the news and line), when she tabled the boxes of couldn’t be entirely satisfied with the complaints in the NSW Parliament. In outcome (after all, no one was taken how it could all be fixed. I always thought she was struggling with her speech Franca thanked Jean out at dawn and shot!), she can be Lennane and among others fellow proud of what she did, because it was depression so it was better than her being at home, endlessly playing soli- members Chris Dale, Sue Dale, Lesley truly a blow for the brave, and signifi- Pinson, Karlene Jones, Jim Regan, cant in the history of NSW. taire or patience with a cigarette in one hand and a drink in the other. Louise Roy and Alastair Gaisford. She In remembering Lesley I read At the annual general meeting in said “these people have worked tire- through some of the early issues of The 1997 Lesley moved to the national lessly in the past couple of months. Whistle and smiled, as Lesley’s voice They organised vigils outside Parlia- leapt out at me from the page, because secretary’s position. I don’t know why. I do know that she had an ongoing ment House on 14, 15 and 16 August there’s quite a bit of Lesley and it can and organised a rally in the Domain on be a good read. She almost single- dispute with the treasurer, which played itself out as a formal matter at Saturday, 6 September.” All hell did handedly transformed a branch news- break loose and Franca did lose her letter into the national newsletter we Lesley’s call at the AGM. I was one of

The Whistle, #87, July 2016 3 job, but eventually the government had In October 1995, she told me she had commission, and the spotlight was on to act and set up the first child protec- been in a black hole for several weeks police corruption in NSW. However, tion unit headed up by UK recruit Bob and that there had been a “shit fight” in in every other capital city, whistle- Woodhouse. It was a job worth doing the NSW branch. Indeed, she had told blowers told me “The police are just as and a job well done. me 80% of the time of WBA’s national corrupt here as in NSW.” For me it Lesley, I want your son to know his committee was taken up with disputes was an illuminating journey. mother is remembered well by many. between members. I didn’t try to probe One of my first meetings, in January the connection between Lesley’s 1996, was in Sydney, with Vince Cynthia Kardell is president of Whistle- mental state and tensions in WBA, nor Neary and Lesley. Here is an edited blowers Australia. to figure out how much Lesley con- version of her responses to my

tributed to the tensions. After all, many questions. whistleblowers are traumatised, and Lesley Pinson: what happens afterwards can take • What were the important lessons passion and burnout many forms. from your experience? Lesley: To expect the worst and be Brian Martin prepared for it. This is being realistic, not pessimistic. There is no one way of My first contact with Lesley was when succeeding. You have to try every she rang me in April 1995. She had available technique, keeping one step read or heard about my work on ahead of the other side. suppression of dissent. She said she had been involved with Whistleblow- • What do you wish you’d known at the time (before or when it happened)? ers Australia (WBA) for six months Lesley: More about the law and my and was putting out the group’s rights (where clearly documented), e.g. newsletter. Thus began our regular what was clearly illegal. Also, papers interactions, usually by phone, because on suppression. Lesley lived in Bondi, in Sydney, and I lived in Wollongong. WBA shit fighting • What people/groups were most In a letter she wrote me a couple of helpful? Why? How? months later, after her signature she At that time, Jean Lennane was WBA Lesley: WBA, which enabled me to added “Newsletter Editor, Whistle- president. Jean was eager to step down talk to other whistleblowers. It helped me to realise I wasn’t alone, showed blowers (NSW) (& self-appointed and convinced me to take on the job, that the system was corrupt and that which I did from the beginning of troublemaker).” She started telling me others confronted the same problems. about all sorts of things to do with the 1996. From my conversations with It helped me to realise I wasn’t mad whistleblower scene: technicalities of Lesley, I already knew it would be and made it possible to respond in a the Crimes Act, contacts from other challenging. Jean was always a source more informed way. countries, pamphlets WBA should be of wise advice. As well, I had more Other individual contacts helped. producing, and difficulties with frequent connections with Lesley. Be- The only other helpful groups (besides members. sides being newsletter editor, she was WBA) were campaign groups, such as Before long she was encouraging an office bearer on the WBA national on public transport, health, environ- ment. me to become more involved. She committee.

Her title was National Director. asked me to be the Wollongong • What (if any) writings were/are contact for WBA. She told me about This was an ill-defined position, sitting most useful? Why? various whistleblower cases, for ex- alongside the positions of president, Lesley: Jean's article [“What hap- ample Philip Nitschke in the Northern two vice-presidents, secretary and pens to whistleblowers, and why”] ... Territory (who blew the whistle on treasurer. For Lesley, being national but only afterwards. Nothing at the nuclear hazards) and Vince Neary, an director meant becoming the country’s time. Courage Without Martyrdom [by employee of the State Rail Authority key contact for whistleblowers. She the Government Accountability Project (SRA) who had settled his case and had lost her job at SRA and seemed to in the US] is excellent. What we need put all her energy into WBA matters. are tips on how to go about blowing the couldn’t talk about it, about which she whistle. She was constantly on the phone to was angry. Lesley had also worked for the SRA whistleblowers across Australia, and • What materials/ideas are most and, like Vince, was a whistleblower sometimes ran up extensive phone bills helpful to an inside bureaucratic dissi- there. Her experience was an important — national calls were quite expensive dent (not necessarily a whistleblower)? part of what motivated her. But she in those days. Lesley: Leaking documents. Change never talked much to me about the When I became president, I decided happens all the time. People make details. It was always about the NSW to travel around the country and inter- suggestions and they are acted upon. branch, media stories, individuals and view whistleblowers, partly to learn But when whistleblowers encounter from their responses to my questions corruption then it's another matter. plans to take action. and partly to make contact and get a Even in those early months after we • Do you know cases in which made contact, it was obvious that sense of what was happening. This was bureaucratic dissidents have changed Lesley had her own personal troubles. the time of the NSW police royal a bureaucracy significantly?

4 The Whistle, #87, July 2016 Lesley: The State Rail Authority has and each side in the struggle appealed Charlie. In retrospect, perhaps I should spent vast amounts of money on sig- to the national committee — to me as have done more to keep in touch. It nalling as a result of Vince’s efforts president, Lesley as Whistle editor and was one of the features of those years (though not necessary making things several others — to win support. This that everyone who was active in safer). in turn created tensions within the supporting whistleblowers was over- All efforts bring about change. All whistleblowers have an effect. national committee and the NSW loaded. There were simply far too The Police Royal Commission has branch. many people needing assistance and all made a difference. But there are no To complicate matters, members of too few able to help. It is sad that in simple case studies. the national committee were involved WBA we had insufficient capacity to in helping organise the 1996 national help everyone who needed it, including • What systemic changes had there conference held in Melbourne. Then those like Lesley who poured enor- been that led to the situation? there was the 1997 annual general mous energy into the cause. Lesley: The SRA hasn’t changed. In meeting, in Canberra, at which a a system with lots of cash changing couple of positions on the national Brian Martin is vice president of hands, stealing at stations is common- Whistleblowers Australia and current place. People are promoted by senior- committee were contested. (Normally all nominations are unopposed.) This editor of The Whistle. ity. The result is that the top people started off as petty thieves. There’s no was the result of internal strife and system in place to stop the problem. aggravated tensions. Lesley was caught in the middle of From the all this. She was putting all her energy into WBA matters, editing the news- National Director letter, talking to dozens of whistle- Lesley Pinson blowers, writing to politicians and sorting membership lists. In the midst From The Whistle, June 1996. of this, she had her own whistleblow- Lesley was the editor. This is an ing case and in March 1996 her son extract from her report as national Charlie was born. Even if WBA affairs director of Whistleblowers Australia. had been calm, Lesley would have been overwrought with everything she The CJC and the ICAC was trying to do. The Criminal Justice Commission Lesley had a tendency to become (CJC) in Queensland is in the process upset. She became angry when she felt of finalising a “Guide to Whistle- she was being criticised. How much blowing in Queensland.” This docu- she contributed to interpersonal ten- ment has been prepared without any sions is hard for me to say. In any case, consultation with WBA or the Whis- she was an active player in the internal tleblowers Action Group in Queens- battles and eventually it all became too land. A draft copy of this guide which much. has been forwarded to the WBA is 45 pages long! Although it usefully iden- Page 1 of The Whistle, Issue No. 1, In August 1997, Lesley told me that she was “past burnout” and had been tifies many of the pitfalls experienced August/September 1995 by WBs [whistleblowers], it is so for some time. She was fed up with WBA politics, thought the NSW complicated that I imagine it would Throughout 1996, Lesley and I had most likely put any “would be” WB regular telephone conversations. In branch meetings were a clique, and was fed up with “whingeing whistle- off from proceeding. Since I have not those days, I took notes on significant yet met a person who woke up one phone calls, and for what I write here I blowers” who called her. When cam- paigners start turning on those they are morning and decided to be a WB, I have relied heavily on these notes. also wonder how this information Nearly everything Lesley and I dis- trying to help, it is indeed a sign of burnout. would get to anyone before they “blew cussed concerned WBA and whistle- the whistle.” Basically you need to blowing, including individual whistle- By the end of the year, Lesley had pulled out of WBA, and I wrote her a speak to a lawyer before speaking to blower cases, media stories about anyone else and nearly everyone whistleblowing, drafts of The Whistle formal letter on behalf of the national committee thanking her for her contri- leaves seeing a lawyer until it is far too (Lesley remained the editor), member- late. ships in WBA, and finances of the butions. In mid 1998, she gave me comments on the draft of my book The The ICAC in NSW in its April/May organisation. This was plenty of activ- Newsletter focused entirely on the ity for anyone, but to compound Whistleblower’s Handbook — many of which I reproduced in the text — but “Whistleblowers Law.” Some articles matters, there were serious internal focused heavily on internal complaints problems in WBA. These are not thereafter I seldom heard from her. I learned from others that she had handling procedures. Upon reading simple to explain. My perception was these it would be easy to infer that as that there was a major struggle going been a heavy drinker, indeed had been one for quite some time. Later, she long as a government body had set up on within WBA’s Victorian branch an internal reporting channel, an involving personalities and policies, ended up living on the street with

The Whistle, #87, July 2016 5 employee would have to go there and acknowledging the receipt of a parties equal last on their ballot papers. could no longer go straight to the Protected Disclosure from the WB has • School teachers are threatened ICAC. Is the ICAC going to do itself done nothing to stop the dismissal, to with dismissal if they comment pub- out of business I wonder? investigate the original complaints or licly on what is being done to the the subsequent actions taken by education system. management, or to stop the organisa- • Nurses are advised by their union tion from spending thousands of not to speak to the media for fear of dollars of public money to try to find dismissal. reasons why the WB should not be • The Victorian Police have refused reinstated. No answer has been deter- to answer questions from the “7.30 mined as yet by either the court or the Report” at media conferences. ICAC as to why the WB was actually • The Premier and some Ministers dismissed, although we have our will not appear on the “7.30 Report” suspicions! and maintained a long term ban of the In fact, the focus of both the ICAC’s Meanwhile the WB is contemplat- Sunday Age. and the CJC’s publications is on the ing a situation where they might have Most if not all WBs would share the way in which a complaint is made. If a to sell their house. Legal costs are concerns of members of the FSC [Free complaint is not strictly made in ac- escalating daily while the (ex) em- Speech Committee] about these and cordance with all laid down procedure ployer sifts through the WB’s 17 year other issues such the defamation laws it is likely that (a) the issue being career in its desperation to find any and freedom of information legislation. complained about will be ignored and instances where the WB might have The FSC recently merged with the (b) the aspiring WB will not be made a mistake! Queensland-based Voltaire Institute protected. This may leave WBs in the Given this situation, members of the which was set up in 1992 with the future in the position of not only NSW Branch of WBA are wondering philosophy “I disagree with what you having to defend themselves as they why the ICAC is conducting public say but I defend to the death your right currently do against organisations’ and private hearings into the demotion, to say it.” The FSC can be reached at attacks against their character, reputa- dismissal and subsequent reinstatement PO Box 55-s, Bexley South, NSW tion, sanity and competence, but also of the Director General of Community 2207. Full membership is $20 and having to defend the way in which Services. After all, he still has a job, concessional is $10. Phone contacts are they made a complaint. has made no other allegations of NSW 02 502 4806, Victoria 03 9529 I can almost visualise a situation corruption that the public are aware of 6192 and Queensland 07 3298 5219. where a person would not be protected and is having all his legal costs paid by law because they went to the ICAC for out of the public purse! first when they should have gone Interestingly, the ICAC was propos- internally. Organisations could not ing to conduct an inquiry into allega- only try to “shoot the messenger” but tions made by Vince Neary but at the would also try to “shoot the way the last minute advised that these could message was delivered”! not proceed due to a lack of resources. Since the WBA is still not aware of Strangely this occurred roughly at the the ICAC ever taking any action to same time as the ICAC decided to protect a WB from detrimental action, conduct its hearings into the Metherill or acting to stop any organisation from affair which led to the downfall of taking detrimental action, this is not as Premier Greiner. perverse as it sounds. It seems that if you are a politician Currently a WBA member is in the or a senior public servant you can use Industrial Relations Court claiming the services of the ICAC to investigate unfair dismissal and arguing for your conduct and/or your grievances. reinstatement. Although under Indus- The rest of us are lucky if the ICAC trial Relations law it is illegal to even responds to our letters and if we dismiss anyone for making a complaint are dismissed subsequent to referring to a competent authority, the WB’s matters to the ICAC, we have to pay (ex) employer, whilst being unable to for our own legal costs in the Industrial provide any reason for the dismissal, is Relations Court. arguing that the WB should not be Page 1 of The Whistle, No. 3, January reinstated because they made allega- • Policeman Karl Konrad is fined 1996, the first issue with the whistle tions of corruption about senior $1000 for daring to suggest that the icon chosen by Lesley managers. Incredibly, management police need training in alternatives to concurred with the WB’s initial firearms more than they need training allegation. Unfortunately they then did in the better use of guns. the wrong thing to correct the situation • Albert Langer goes to gaol for complained of. The ICAC, despite suggesting that people place the major

6 The Whistle, #87, July 2016 Articles and book reviews

Staying together stress disorder. The continuous “rumi- revolves around whistleblowing issues. Jane Cole nation” (going over thoughts, again Steering conversations gently in other and again, in one’s head) leaves them directions can become an art form! “unavailable” and “absent” to their Sometimes clueing up friends and WHISTLEBLOWERS are the guardians of society’s morals and should by rights partners and children. And the subject letting them introduce topics of con- be lauded as heroes instead of suffer- of the whistleblowing becomes the versation well removed from the ing persecution and ridicule. They only subject they constantly talk about. whistleblowing issues can be helpful. make great sacrifices and suffer great Linking with other whistleblower wrongs in their efforts to put right families may prove useful, as genera- what they perceive as immoral or tionally, people are facing the same corrupt behaviour. Whistleblowing is basic issues, and support from those often an act of social, financial and who are at the same life stage whilst professional suicide. Many, perhaps treading the same path can be em- most, whistleblowers don’t realise they powering. are actually blowing the whistle till the Maintain whatever spiritual life you reprisals start in earnest. Till then they enjoy; it offers a lot of support thought they were just doing the job Talk about the dog, not whistleblowing emotionally. expected of them, reporting problems Look for the good. This can be hard up line management. The whistleblower’s support person to do at times but look for all those What is often overlooked is the certainly needs support but perhaps qualities that first attracted you to each trauma that is suffered by the whistle- more importantly, the couple/family as other, they’re still there, just a bit blower’s spouse and children who a unit need strategies to help them ride beaten and bruised! Find ways to suffer a similar fate for reasons they the storm and stay intact as a family. compliment your partner and tell them barely understand and were not of their So what to do? how much you appreciate and need doing. They suffer the same social and The whistleblower needs to be them. financial burdens and also have to deal available to the family, find out about Work on finances together. It may with a spouse or parent who is now their day, join in the family conversa- mean role reversals, cutting back on suffering the psychological symptoms tion, especially when children are things, and finding new ways to do that come from the sustained and involved as they too need inclusion. things. For example, there’s a whole unjust retaliation by the organisation. Meals are the ideal time for this lot of cheap or free activities available. One can understand if some spouses communication, as they can be “whis- Find them and use them — a great are angry to have been placed in such a tleblowing no go zones” where family project for the kids! horrible position by the whistleblower, matters can be discussed, school and Stay healthy, exercise, even if it’s without consent or even awareness. work days reported on. just a walk around the block. Keep up The rate of divorce/separation is As a couple, the whistleblowing any sporting activities as either player well above the national average and issue (irrevocably part of life now) or spectator, discover the garden again! that in itself brings a whole other needs to be discussed, not hidden and Find and develop a new hobby. This swathe of issues such as homes being this is probably the tricky bit. gives the mind something else to divided, children moving school, loss It requires the partner to listen occupy it and provides “me time”, a of friends, etc. without recriminations, realising why great respite from the issues at hand. It Too often we hear of the whistle- the whistle has been blown, and for the brings new conversation into the house blower feeling abandoned just when whistleblower to know the impact this and again a time to put whistleblowing they need support and conversely the issue is having on their lives. It de- on the back burner for a while. family feeling that this pile of serves honesty. It can be incredibly Life will never be the same but at problems was not of their making. hard to do but if everyone is on the some point it will be as good, if not Some whistleblowers become with- same page and fighting the same battle better. drawn and fixated on the injustice of together (and the key word here is If nothing else matters, if nothing the situation they are in. They go over together), relationships can remain else gets done, the greatest key to the situation repeatedly in their mind. intact, even become stronger. whistleblowing survival is two-way The psychological effect of dealing The whistleblower needs to explain communications. with a situation which is both unjust the legal issues as told by their solici- As the amazing Stephen Hawking and insoluble leaves them with no tor, explain any medical conditions once said “Intelligence is the ability to reserve and no resilience. They show now arising, especially in the area of adapt to change.” So I guess we’re symptoms which are common to a mental health. It is a lot easier to fight quite a bright bunch! number of psychological diagnoses, together when you both have the same Jane Longhurst’s husband is Michael for example adjustment disorder, anxi- information. Social events can be a minefield as Cole, a whistleblower. ety, depression and post traumatic again the conversation very easily

The Whistle, #87, July 2016 7 That Burke quote or not, the quote serves a wider what a University is not. It is not a purpose of good people opposed to a place of professional education. Kim Sawyer perceived evil. And it has been used Universities are not intended to and abused across generations. For teach the knowledge required to fit EDMUND BURKE is frequently quoted example, in 1986 President Reagan men for some special mode of as saying “All that is needed for evil to quoted Burke in justifying the arming gaining their livelihood. Their prosper is for men of good will to do of “freedom fighters” in Nicaragua, object is not to make skillful nothing.” Some time ago a colleague and in the invasion of Grenada. The lawyers, or physicians, or engineers, brought to my attention that Burke demarcation of good and evil is always but capable and cultivated human probably didn’t actually say it. The in the eye of the one who uses the beings. Irish-born Burke became an English quote. On truth Mill opined with a paragraph statesman, a member of the House of Does it matter whether the quote is by Burke? Almost certainly not. After that all whistleblowers would relate to: Commons well known for his speeches, his philosophical writings, all, the quote commonly attributed to The most incessant occupation of and his perpetual references to good Voltaire “I disapprove of what you the human intellect throughout and evil. The saying attributed to say, but I will defend to the death your life is the ascertainment of truth Burke sounds like Burke, looks like right to say it” was not Voltaire’s, but … And the need we have of what Burke may have written, but it is Evelyn Beatrice Hall’s. Hall was a knowing how to discriminate not verbatim Burke. Rather, it is biographer of Voltaire who suggested truth, is not confined to the larger probably a pseudo quote, a term used the phrase as representing Voltaire’s truths. All through life it is our by Martin Porter in a survey of “All beliefs. Quotes are often attributed to most pressing interest to find out that is necessary for the triumph of evil people as being representative rather the truth about all the matters we is that good men do nothing” at than exact. And quotes often converge are concerned with. http://tartarus.org/martin/essays/burkeq to the beliefs of others, sometimes uote.html. centuries later. The quote that evil While Burke may not have uttered triumphs when good people do nothing these words attributed to him, he often could have been written by a whistle- spoke in similar terms. In a speech to blower. For it symbolises our struggle Parliament on 23 April 1770, Burke when those around remain indifferent. stated: It is a call for regulators to regulate, for politicians to legislate, and for by- When bad men combine, the good standers to stand up rather than stand must associate; else they will fall, by. one by one, an unpitied sacrifice in “All that is necessary for the tri- a contemptible struggle. umph of evil is that good men do And finally there is a quote that could nothing” has had a plurality of varia- have been written by Burke, but was tions and analogies. One analogy that not written by Burke:

is important is attributable to John Bad men need nothing more to Stuart Mill. Mill was an English compass their ends, than that philosopher and politician, committed good men should look on and do to individual freedom, and opposed to nothing. He is not a good man the constraints of the state. Mill would who, without a protest, allows have embraced whistleblowing as the wrong to be committed in his logical response of individuals to the name, and with the means which imposition of unfairness. Mill under- he helps to supply, because he stood the importance of truth, evi- will not trouble himself to use his dence, and indifference in the contest mind on the subject. It depends on between good and the not so good. In a the habit of attending to and particularly notable speech, Mill deliv- looking into public transactions, ered the inaugural address to the Edmund Burke and on the degree of information University of Saint Andrews on and solid judgment respecting February 1, 1867, an address every Porter suggests that this speech was them that exists in the commu- academic and Vice-Chancellor should referencing the possible rise of the nity, whether the conduct of the read. The speech is too long to quote in Tories (http://tartarus.org/martin/essay nation as a nation, both within full, but extracts will resonate. For s/burkequote2.html). There were only itself and towards others, shall be th example, on universities: two parties in 18 century English selfish, corrupt, and tyrannical, or politics, the Whigs and the Tories, and The proper function of a University rational and enlightened, just and Burke was a Whig. Burke may have in national education is tolerably noble. been imploring his fellow Whigs to well understood. At least there is a Mill summarised the problem of indif- unite to defeat their common tolerably general agreement about adversary. Whether that is the genesis ference as well as any whistleblower

8 The Whistle, #87, July 2016 could. Too many bystanders do not Maitland’s story was conventional One lie was that Derek’s story was trouble their minds with the wrong news coverage. The major manufac- canned because it was unbalanced due done in their name. Too many by- turers declined to appear, but such to the companies not appearing. He standers do not concern themselves refusals were commonplace. Footage points out that it was standard practice with looking into public transactions. of a supermarket and of soap powders to run stories even though major play- Too many bystanders are not worried was used. The segment was all ready ers refused to appear, and quotes parts by the selfish conduct of their nation. to go. But it never ran. of the inquiry transcript to show how Too many are indifferent to the plight A key factor was that the soap this was brought out. of whistleblowers. John Stuart Mill companies were major advertisers on It was apparent that most producers deserves a place in the whistleblowing television stations, and station manag- and managers were doing whatever lexicon. ers did not want to jeopardise the they could to lay blame on others. income flow from the companies. Derek points out discrepancies in their Channel 9 pulled its story. Indeed, testimony. It is hard to say which was nearly the entire commercial broad- worse: the stations’ suppression of the casting industry either ignored or story or their dissimulation about the suppressed the story. It seemed like reasons. Derek and highly respected collusion. news director John Pemberton lost Maitland ended up losing his job their jobs but not their self-respect. and leaving Australia for a quarter of a century. After he returned, he was Whistleblowers Australia’s media officer for some years, during which time there was a flurry of media releases and press conferences, giving WBA great visibility, before Derek moved on to other activities. Now he has written a book, The Fatal Line, Kim Sawyer is a long-time whistle- about the events in 1974. blower advocate and an honorary fellow at the University of Melbourne. To contemporary ears, this may sound like a non-issue. Don’t commer- cial media always cater to advertisers? BOOK REVIEW And why should canning of a soap- powder story cause such angst? For Derek, the issue cut to the core Derek Maitland The fatal line of journalistic integrity. It was also Reviewed by Brian Martin important for the television stations, To read and fully understand The Fatal because he blew the whistle on the Line requires considerable concentra- ON 16 AUGUST 1974, a parliamentary suppression and this led to a six- tion. There are many figures involved committee issued a report on the prices months-long inquiry by the Broad- plus numerous details about who said of soap powders, otherwise known as casting Control Board that exposed the what to whom and exactly when. The laundry detergents. This might not stations’ betrayal of their fourth-estate detail can be overwhelming, but it is seem all that important, but it was role to serve the public interest. highly revealing. Consider this passage definitely a newsworthy story. The The Fatal Line is a combination of concerning what Derek refers to as report was critical of the major compa- autobiography and a detailed, almost “probably the shoddiest betrayal of all nies, and it was an issue that affected forensic examination of the suppres- in the entire soap saga.” Two days everyone. Major newspapers covered sion scandal. Derek intersperses his after his story was suppressed, he the story, and television news usually recollections of the events with phoned Jim North, the secretary of the followed cues from the papers. extended extracts from the inquiry, at Australian Journalists’ Association. In Channel 9, in Sydney, Derek which various journalists and execu- Now, speaking with him on the Maitland prepared an item for the tives — including media magnate evening news. Maitland had only telephone that Sunday, I told him Kerry Packer — were put on the stand what had happened at Channel worked at the station for half a year, and grilled about how decisions were but at the age of 31 he already had Nine, what Chisholm is alleged made. to have said, what Foell had told long experience as a journalist, having One of the most revealing aspects of worked for over a decade including me, what Pemberton had said and the book is its description of journal- done, and what I understood to jobs in several parts of the world, for istic practices of the day. News pro- example in the Middle East and in have happened at Channel Ten, duction was far more primitive due to without mentioning Willesee of Vietnam as a war correspondent. He limited technological capacities. It is was relatively new to the culture of course. I knew something of necessary to understand journalistic North’s reputation, I had wit- Channel 9. What happened on 16 practices because at the inquiry, nearly August was a turning point in his life. nessed how nastily and arbitrarily everyone lied, in one way or another. he could treat the very people he

The Whistle, #87, July 2016 9 was elected to office time and This story is recounted in Mark time again to represent. I ex- Hertsgaard’s new book Bravehearts. pected, at the very least, that he Hertsgaard is a journalist and author would have advice for Pemberton with decades of experience, and he and me on how to handle the undertook numerous interviews for situation we were in until some- this book. He also discovered another thing could be done about it, a crucial whistleblower story previously union-sponsored meeting with unknown to either Snowden or Drake. management perhaps, on the The NSA, like many other govern- following day. We were, after all, ment agencies, has an inspector- dealing with an alleged commer- general, an internal body meant to deal cially inspired blackout of with whistleblower disclosures. The important news, something that US Congress had mandated setting up struck at the core of journalism’s of these inspectorates. Part of the IG’s code of ethics. duty is to protect the identity of whis- But what North said in reply tleblowers. floored me completely. He said: Within the NSA inspector-general’s “Don’t be stupid. The networks unit was a high-level employee, John need money. Go back to work.” Crane, who took his job seriously. He (p. 56) argued long and hard on behalf of Drake, but all to no avail. Crane lost Derek has self-published his book, his job. Bravehearts is the first publi- which is a long-standing and honoura- cation revealing the story of Crane. ble practice followed by quite a few Hertsgaard calls him The Third Man. BOOK REVIEW famous authors. Nevertheless, it could have benefited from assistance in layout. I would prefer paragraphs to be Bravehearts: indented, for extracts from the inquiry to be distinguished by a different font whistle-blowing in or some other device, and a list of the age of Snowden dramatis personae to be provided. Reviewed by Brian Martin Some photos would assist visualisation of the many players involved. EDWARD SNOWDEN is the world’s The text, though, is very well writ- most famous whistleblower. Why did ten, as might be expected of a journal- he take his revelations about US ist and author of several books. If you government spying on citizens directly stick with it, and figure out the to the media rather than go through relationships between the key figures, internal reporting channels? And why the story becomes ever more engross- did he go to a freelance journalist Mark Hertsgaard ing, and the difficulties of challenging writing for the British newspaper The powerful opponents ever more appar- Guardian rather than directly to the Information about NSA spying on US ent. more prestigious New York Times? citizens was available to the New York The Fatal Line is a useful addition The answer to both these questions Times before the 2004 presidential to writings on media suppression. It is that Snowden observed what had election. Rather than publish this shows how profoundly these long-ago happened to US national security dynamite story, the editors sat on it. events affected Derek, and more whistleblowers before him. In particu- They only published it in December generally how valuable it can be to tell lar, Snowden was influenced by the 2005 because author James Risen was stories of corruption and resistance. No treatment of Thomas Drake, a veteran about to reveal everything in his book doubt there could be a thousand books intelligence officer who raised con- State of War. written about censorship in the cerns about a computer system being Snowden took note. The New York Australian media, but nearly all remain introduced by the National Security Times could not be trusted to break a unwritten. The Fatal Line should be an Agency (NSA). So here was Drake, major story that embarrassed the encouragement to others to tell their trying to do the right thing to make the government or, even worse, implicated own stories. country more secure, and what high officials in criminality. So happened to him? US agents went to Snowden contacted Glenn Greenwald, Derek Maitland, The Fatal Line (Derek his home and arrested him at gunpoint. a freelance journalist who wrote for Maitland, 2016). Contact Derek at He was threatened with a long prison The Guardian, and filmmaker Laura [email protected]. term. He was charged under the 1917 Poitras. Snowden’s greatest fear was US Espionage Act. Finally, Drake’s that his leak would have no impact. Brian Martin is editor of The Whistle. His wise choices — going directly to efforts seemed to have little impact on NSA operations. the media, and choosing The Guardian as the primary outlet — were based on

10 The Whistle, #87, July 2016 learning from what had happened to as positive a picture of whistleblowing The overall message of Bravehearts is others before him. as any reader could ask for. Hertsgaard that if you want to make a difference, Part of the story of Drake involves describes in simple and direct language it is important to learn from those who the Government Accountability Project the motivations of whistleblowers, the went before. That’s what Snowden did. (GAP), the US’s most prominent predictability of reprisals, the failure of Although he has paid a huge price, he whistleblower advocacy organisation. official channels and the value of has also had a huge impact, and that is Hertsgaard has long had connections media coverage. something to which future whistle- with GAP, for example writing stories The story of John Crane, The Third blowers can aspire. about whistleblowers supported by Man, is important in showing that GAP. In Bravehearts, Hertsgaard whistleblowers may have supporters Mark Hertsgaard, Bravehearts: whistle- provides a revealing account of the within the system, yet never know it. blowing in the age of Snowden (New York: Skyhorse, 2016) founding and development of GAP, The system as a whole is hostile to highlighting the role of Tom Devine, whistleblowers, to be sure, but it is for decades the key figure in the worth knowing that some insiders are BOOK REVIEW organisation. This is the most engaging supportive. But do not underestimate treatment of GAP I’ve read. how difficult life can be for whistle- Hertsgaard describes GAP’s ap- blower supporters on the inside. Even Vaccine whistleblower: proach: when laws seemingly protect whistle- exposing autism research blowers, the reality may be quite In brief: hear what a potential different, and this is a big problem. fraud at the CDC whistle-blower has to say; inves- Reviewed by Brian Martin tigate the allegations rigorously (“We’re a small NGO going up THE POTENTIAL health hazards of against rich and powerful corpo- vaccination are a controversial topic, rations,” said Clark [Louis Clark, and nothing seems more controversial GAP president], “so we can’t than alleged links between vaccination afford to be wrong”); counsel the and autism. The medical research potential whistle-blower on the community stands fully behind the likely consequences of speaking safety of vaccination, citing numerous out, including losing one’s job, studies showing that adverse reactions being attacked in the media, and are rare and that there is no link with other forms of retaliation. If the autism. Yet critics continue to raise the whistle-blower still wants to go autism connection, pointing to various ahead, seek out journalists who studies that suggest a positive link. might report the story. Accumu- In this heated issue, whistleblowing late safety in numbers by alerting is especially contentious and the risks relevant activists, civic groups, of being a whistleblower unusually and other possible supporters great. Dr William Thompson is an about the whistle-blower’s reve- experienced researcher working at the lations. Then press Go. (p. 72) US Centers for Disease Control and Prevention (CDC), specialising in In a number of ways, GAP is quite vaccine safety. He is the author or co- different from Whistleblowers Aus- author of several key scientific papers tralia. GAP has an annual budget of Devine saw the problem as commonly used to say that vaccination several million dollars whereas WBA’s systemic, rooted in power rela- does not cause autism. Yet Thompson annual income is less than $10,000. tions and the clash of institu- kept a guilty secret. He believed that GAP advocates on behalf of whistle- tional interests. “Whether it is a one of his key articles did not tell the blowers, using the legal system but government agency or a private full story: it had omitted a finding of typically harnessing the power of the corporation, institutions respond increased autism rates in African- media, but is highly selective in to whistle-blowers with the American boys following the MMR choosing cases to take up. GAP, organizational equivalent of (measles, mumps and rubella) triple despite its resources, can pursue only a animal instinct,” he told me. vaccine. One of the adjuvants (non- small percentage of cases that come its “They strike back. And the scope vaccine components) in the MMR way. WBA, in contrast, does not advo- and intensity of their retaliation vaccine is thimerosal, containing cate on behalf of individuals but rather is directly related to the degree of mercury, and mercury had long been encourages whistleblowers to develop threat that the whistle-blower is named as a suspect for causing health the skills to pursue their own cases. perceived to pose. The more problems. Most of Bravehearts is about na- significant a whistle-blower’s Thompson’s key scientific papers tional security whistleblowers. disclosures, the greater the per- were published in 2004 and 2007. Hertsgaard also discusses some other ceived need to take out the Years later, Thompson began having GAP campaigns, for example on threat.” (pp. 135–136) confidential telephone conversations nuclear power safety. His book paints

The Whistle, #87, July 2016 11 with Dr Brian Hooker, who had been DR. THOMPSON: So, I, you know, them and dismiss Thompson’s con- researching vaccination connections I told Jack that he was going to cerns. The clash over vaccination is so with autism. In the course of these be first author; I said, “Because vehement that it is difficult to obtain a conversations, Thompson revealed you guys are outside the CDC, balanced view of the role of whistle- what he believed was research we’ll have more leverage, ’cause blowing in the saga. misconduct: important findings had … You know, you will have Thompson turned over 100,000 been suppressed. He said he was fewer constraints than I will.” pages of documents about research on ashamed of his participation. DR. HOOKER: Right. vaccine safety to a member of the US DR. THOMPSON: And I actually Congress, but it seems unlikely said, “If it gets really crazy, I’m Congress will hold hearings. An alter- willing to drop off as the native, in the tradition of WikiLeaks, coauthor and let you guys just would have been to put the documents publish because this was the on the web for everyone to read. public youth dataset.” However, few will ever read volumes DR. HOOKER: Okay. of original documents. For every DR. THOMPSON: So, anyways, we whistleblowing issue, there is a vital did the whole thing; we wrote the role for journalists, researchers and manuscript; we initially had campaigners who publicise the story. pretty strong wording, like what The book Vaccine Whistleblower is you’re saying … part of this process. DR. HOOKER: Right. DR. THOMPSON: … about the association. And then it sat in William Thompson clearance for a year, and people just hammered away at the paper Without Thompson’s knowledge, and watered it down more and Hooker recorded four of their conver- more and more. So, you got the sations, and then went public about manuscript you ended up with, what Thompson had said. Thompson which is the published manu- applied for status as a whistleblower. script — not the published; you Indeed, in the course of his conversa- ended up with the final, cleared tions with Hooker, Thompson decided manuscript with just the most, to seek legal advice, so actually he was you know, whitewashed discus- moderately well prepared for the sion ever.” (pp. 80–81) onslaught following the revelations about his dissenting scientific view. Hooker’s recording of conversations The book Vaccine Whistleblower without Thompson’s knowledge is documents the saga, which is still questionable. This is not the usual way ongoing. Most of the book is a tran- whistleblower revelations reach the script of the four recorded conversa- public. More commonly it is whistle- tions, and this material is both tedious blowers who covertly record the con- and informative. It is tedious because versations of bosses and co-workers the conversations, like oral testimony, involved in nefarious activities. In both are filled with extraneous material, Kevin Barry, Vaccine whistleblower: cases, though, the argument can be exposing autism research fraud at the ranging from ums and ahs to episodes made that exposure serves the public CDC (New York: Skyhorse, 2015) of thinking out loud. The key parts of interest and justifies the betrayal of these conversations could be summa- trust involved in covert recordings. rised in a few pages, and that is exactly It is a sign of the great interest in the what the author Kevin Barry does. The vaccination controversy that a book transcripts are useful for a couple of could be published based on covertly purposes. They provide the context for recorded conversations. Author Kevin Barry’s summaries, for those who want Barry provides an executive summary to check. They show, in a way that a of the calls and a series of short summary cannot, Thompson’s feelings chapters on the significance of the about the behaviours he witnessed. transcripts and implications for action. They also give a sense of Thompson, Because the vaccination debate is so responding to Hooker’s queries, polarised, so likewise is discussion reflecting on his behaviour and gradu- about Thompson. A look online will ally opening up to the possibility of reveal reviews of Vaccine Whistle- going public. blower that laud Hooker and Thomp- son and others that fiercely condemn

12 The Whistle, #87, July 2016

Media watch

The high price of spilled the beans out of malice. were forged, documents doctored and In 1971 Harvard-trained lawyer victims given minimal compensation being a whistleblower? Ralph Nader, who blew the whistle on and forced to sign confidentiality I’ve seen it up close the US car industry, told a conference agreements. Adele Ferguson in Washington DC that whistleblowers Exposing wrongdoing in this divi- Sydney Morning Herald, were seen as “squealers,” “stool sion proved that the bank’s ruthless 7–8 May 2016, pp. 28–29 pigeons” and “informers” who “rat- profit-first culture was widespread. A ted” on their bosses. dying man, Noel Stevens, was refused OVER THE PAST three years, my stories a life insurance payout after being at Fairfax Media and the ABC’s Four talked into swapping from one that was Corners covered serious failures and always guaranteed to pay him out. The misconduct from our biggest com- switch was made so that the teller and panies. the planner could earn a commission. Household brands such as The bank fought the action but eventu- Commonwealth Bank, National Aus- ally lost, with the judges saying the tralia Bank, Macquarie, IOOF and 7- bank had been “misleading and decep- Eleven have broken our trust and tive” in their scathing judgement. Consumer advocate, whistleblower and The joint investigation with Four ruined the lives of thousands of people. former political candidate Ralph Nader. Corners, “Banking Bad,” showed how Sadly, such things will continue to Photo: AP Photo/J. Scott Applewhite happen without a serious change in the Don Nguyen, a notorious financial culture of these companies, better laws As well as wearing a “badge of planner at the CBA [Commonwealth and penalties and a stronger backbone shame,” whistleblowers were often Bank of Australia], was being re- from our corporate regulator to use the sacked, bullied or sidelined. warded inside the bank despite man- powers that it has. This is still the case in Australia. agement knowing he was putting Jeff Morris, who was a financial clients’ money at risk. Dodgy Don was planner at CommBank, is one of those allowed to resign in 2008 and has so people. He came to me in March 2013, far received hundreds of thousands of a week after I had been served with a dollars from income protection insur- subpoena from billionaire mining ance paid by CommBank. We tracked magnate Gina Rinehart to reveal my Don down at his family’s dry cleaning contacts. business where he blamed lax over- Here I was going up against sight for his actions. Rinehart, a major Fairfax shareholder CBA promotes itself as a trusted Adele Ferguson at the time, and about to take on the institution which puts the interests of

biggest bank in the country. its clients first. The joint investigation This is now an election issue with Jeff came to me after he and two exposed the ugly truth behind this Labor promising a royal commission other whistleblowers had gone to the facade — a hunger for profits which and the Liberal Party against it. With corporate regulator to expose forgery, destroyed lives and a culture of cover- the polls showing the majority of Aus- fraud and a cover-up of management in up that continues to this day — to tralians are in favour of a royal com- the bank’s financial planning arm. avoid exposure at all costs. mission, politicians need to remember Astonishingly, the corporate regula- it doesn’t matter if you’re from the left tor, ASIC, would take 16 months or right, voters from both persuasions before it officially investigated and have been victims. when it did the bank embarked on a None of these stories would have wide scale witchhunt for the leakers. come to light without the brave contri- It is hard to imagine how stressful bution of whistleblowers. Without that would be. All three whistleblowers them, the bright light we shone on the were interviewed by CBA Group financial planning arm of CommBank, Security in an effort to identify the systemic wage fraud at 7-Eleven and Jeff Morris. Photo: Eddie Jim source of the leaks. misconduct at CommBank’s life insur- One of the three whistleblowers ance arm CommInsure could never What was exposed was an aggressive died in his sleep at the age of 35 after have taken place. We and the public sales culture in the bank, which en- leaving the company. owe them an immense debt of couraged its planners to take risks with A second remained anonymous but gratitude. other people’s money while turning a suffered considerably from the atmos- But for some perverse reason, blind eye to practices that may have phere of suspicion and intimidation whistleblowers are often portrayed as amounted to criminal acts. Signatures and also left the company. lonely and disgruntled employees who Jeff Morris remained on his own in

The Whistle, #87, July 2016 13

this hostile environment in an effort to day. a hope in hell of getting a job in the continue feeding information to ASIC. The most recent was around the industry. His reputation has been After becoming aware of a possible time CBA announced that it aspired to destroyed. Was it worth it, I asked him death threat and receiving no assis- being Australia’s most ethical bank. just the other day? tance or protection from the regulator, The bank, having agreed to pay Jeff He said a few times he had thought he was eventually diagnosed with post Morris’s advocacy fees for some about that question and if he was traumatic stress disorder. victims he was representing, tried to placed in that situation again. “I would This also had an impact on his portray it differently. The implication go straight to the media and not to the family. Jeff’s children were only two was that he was an extortionist when in company. That’s the regret.” and four when he made the fateful fact he was charging for services He is also disappointed with the decision to become a whistleblower. rendered, a far smaller fee than most regulator. He said he had been con- The full extent of his sacrifice became lawyers charge. tacted once for a 35-minute chat and apparent one night when he came But Jeff isn’t the only whistleblower that was only after he sent an email to home to an empty house. Eventually, to suffer a smear campaign. the chairman Greg Medcraft and Cc-d his position in the company was made An IOOF whistleblower, inspired me in it, complaining that nobody had untenable. In 2013 he quit the bank. by Jeff Morris, decided to take his contacted him or had asked about the Fairfax Media first published Jeff’s concerns to the company instead of 59,000 documents or how to navigate story in June 2013. It triggered a senate ASIC. Big mistake. them. He is still waiting. inquiry that recommended a royal IOOF is an ASX100 listed financial commission into CommBank on the services company with thousands of basis that the regulator couldn’t be shareholders and customers. The IOOF trusted to do the job properly. expose I did with a colleague revealed CommBank staved off a royal com- insider trading, cheating on exams that mission by agreeing to set up a were supposed to be training staff in compensation scheme and writing to ethics, financial advice given without hundreds of thousands of customers proper educational credentials, misrep- offering to review the advice they had resented performance figures to get ASIC chief executive Greg Medcraft been given. customers to invest in IOOF funds, and speaks at a Walkley lunch with Adele Jeff has now dedicated his life to faulty research reports that included Ferguson in Sydney in 2014. Photo: changing the financial services cul- baseless buy and sell stock recommen- Ben Rushton ture. He has appeared at many senate dations. hearings, advocated strongly for a An employee who reported the Another whistleblower who I have royal commission, and helped victims scandal to the company, hoping to dealt with is Dr. Benjamin Koh, who successfully fight the banks for com- make a difference, was bullied, sacked, was the chief medical officer at pensation — sometimes for free and and told he was vindictive — and not a CommBank’s life insurance arm sometimes for a fee. whistleblower! CommInsure. When he joined Com- Jeff has also been a mentor to other He then came to me with thousands mInsure trade magazines wrote him up whistleblowers. But he says of the of documents. So together with a as a big coup for the bank, due to his potential whistleblowers he talks to, colleague, we sorted through the seniority and credentials. very few will go ahead and pay the maze of lax compliance inside IOOF. He opened a pandora’s box into the high personal price to do the right The smear campaign that followed $44 billion life insurance industry thing under the current system. was disgraceful. I received an email when he exposed how sick and dying Taking on the financial services from a senior representative at IOOF people were being treated by CommIn- sector is fraught. The banks play tough and my jaw dropped: it said my “so- sure. Some had their claims delayed using all their legal and commercial called whistleblower” was a black- for years, some were denied on the might. Brutal put-down techniques are mailer and had threatened to kidnap basis of medical definitions that were used to intimidate journalists into not the children of several staff members. out of date. Employees at CBA claim- covering some controversial issues. The email went on: you have been ing on their life insurance policy Journalists who write something nega- sucked in by a person who has mental weren’t immune. One employee, Helen tive about the banks are denounced to problems and in doing so you have Polydropoulos, had multiple sclerosis their editors as anti-business. grossly abused the privileges given to and was medically retired by the bank. Bank executives, public relations journalists to report fairly. When she lodged her claim she was personnel and lobbyists have been in My colleague and I met the IOOF knocked back on the basis she could overdrive using “back channel” tech- officer who made the accusations work. She fought for four years with niques to confuse and misdirect politi- against the whistleblower. He had no mounting legal fees but was paid out cians and the media. Off-the-record proof of any of his allegations. after she appeared on Four Corners. whispering campaigns about Jeff Its the most common tactic — to Dr Koh could see what was going Morris to some journalists and politi- discredit the whistleblower to try to on inside the insurer and decided to cians have been a disgrace. These detract attention from the main game: speak up. He alleges claims managers started when the first story ran three misconduct. were cherry picking doctors or leaning years ago and have continued to this The IOOF whistleblower hasn’t got on doctors to deny claims. In the case

14 The Whistle, #87, July 2016

of victim Evan Pashalis he was termi- make ends meet. nally ill, yet they gave him the After writing to 7-Eleven for an runaround and denied him, until he interview, management held a meeting appeared on Four Corners. with staff to warn them that Four Dr Koh decided to speak out for the Corners and Fairfax Media were about greater good. It is a measure of his to do a hatchet job. One employee courage that despite being warned decided to help. He provided internal about the likely consequences for documents that showed willful blind- Prime Minister Malcolm Turnbull and himself he still went ahead. It was very ness by head office and agreed to go Westpac Chairman Lindsay Maxsted at emotional for him. I remember him on camera in disguise. He said all a lunch in Sydney on April 6, 2016. saying to me a few nights before Four stores were underpaying workers and Photo: Janie Barrett Corners went to air “I have put my life the company knew. in your hands”. That sentence has When the story came out, it had an In the US, a reward system operates, stuck in my brain! immediate impact. 7-Eleven an- allowing whistleblowers to earn up to CommInsure was one of the biggest nounced an independent compensation 30 per cent of the money collected challenges of my career. As I was scheme, changed its business model, from penalties or legal action against dealing with Dr Koh, I knew if this heads — including the CEO and government fraud. In 2014, whistle- story was to have an impact I needed chairman — have rolled, and the blowers received $435 million. to get him to speak out on the record. company has agreed to fix up its As I talk, three Frenchmen, one of Having the chief medical officer speak compliance systems. them a journalist, who is a member of out about wrongdoing would be more It still has a long way to go but the International Consortium of Inves- powerful than an anonymous em- hundreds of foreign students have tigative Journalists, have just finished ployee. It wasn’t easy. He didn’t want received more than $12 million in back a trial in a Luxembourg court over to be seen as a hero and taking on a big pay. It has changed some of their lives leaked documents known as the Lux bank isn’t for the faint hearted. and empowered them. They feel the Leaks scandal which lifted the lid on His speaking out has had massive media and the public cares. widespread tax avoidance by some of ramifications. The bank has paid out The whistleblower at 7-Eleven, who the world’s biggest companies. The the victims on Four Corners, it has set went on Four Corners in disguise, three whistleblowers face prison or a up a panel to review complex claims, managed to keep his job. massive fine for releasing confidential ASIC is investigating the industry and I spoke to him just recently and he information from Pricewaterhouse- most importantly it has played a key has no regrets about going to the Coopers. role in the federal opposition’s call for media. He feels sorry for the plight of One of the whistleblowers, Antoine a royal commission into the sector. the other whistleblowers who went to Delatour, a former auditor for PwC, The banks have also come out and the company or ASIC first. said he acted in the public interest. said they will review whistleblower Delatour copied confidential tax files policies and pay compensation. of some of the biggest named compa- When I think about the stories I nies while he was working at PwC. have covered and the role of the He is seen by many as a hero. Last whistleblowers an interesting pattern year the European Parliament pre- emerges. Jeff Morris went to ASIC and sented him with the European Citizen was thrown to the wolves and left to Award for his whistleblowing exploits negotiate his own exit from CBA. The — one of 47 awarded each year. IOOF whistleblower went to the com- When you think of the big exposes Michael Smith, 7-Eleven chairman, and pany and was sacked and smeared. Dr of the past few years, financial scan- Russell Withers, 7-Eleven owner, Koh went to the company as well, and dals, the Panama Papers, Leighton he too was sacked and his professional appear before a Senate inquiry at Parliament House in Canberra on 5 Holdings and Unaoil, none would have integrity impugned. February 2016. Photo: Andrew Meares come to light without the help of a The ones who suffered the least whistleblower. were the 7-Eleven and NAB [National When the prime minister spoke at The transformation of a whistle- Australia Bank] whistleblowers. Both Westpac’s birthday party recently, he blower from stool pigeon and pariah is had decided to go straight to the media said more whistleblowers should speak a welcome change. But we still have a to tell their story. up. Yes, I agree, they should, but he long way to go. So too does the The 7-Eleven whistleblower needs to recognise that until laws are conversation about what motivates emerged when I was half way through changed, many won’t. Whistleblowing them. Do they have to be pearly filming with Four Corners. It was a laws, similar to shield laws, lack teeth white? At the end of the day, shouldn’t story about systemic wage fraud and uniformity. No one has ever been their motivation be irrelevant? against foreign students on visas, with prosecuted for victimising a corporate Thanks to whistleblowers, the de- some paid as little as $5 an hour. The whistleblower in Australia. bate about a royal commission into investigation showed how the business banks has been put firmly on the table. model of 7-Eleven forced many of the Their revelations have also put the franchisees to underpay workers to spotlight on the regulator and high-

The Whistle, #87, July 2016 15 lighted its shortcomings. In most cases geous press …” Whistleblowers have also been cru- it has taken the media to expose corpo- cial in stories exposing corporate rate wrongdoing, not the corporate This is an edited version of award- wrongdoing in 7-Eleven, the National regulator. winning journalist Adele Ferguson’s Australia Bank and the Labor Party The government says ASIC is the speech to the Walkley Foundation’s and unions in recent years. tough cop on the beat. It says it has annual Press Freedom Dinner held in In all cases, some or all of the Sydney on May 6. greater powers than a royal com- sources involved wanted to remain mission. anonymous. On occasion, even the In the past couple of weeks the journalists receiving the information government has increased ASIC’s SecureDrop makes did not know who they were dealing budget and lifted its powers. This with. sounds good in theory, but the extra leaking to Fairfax safe money is merely restoring what was from metadata capture ripped out of it in the past couple of Michael Bachelard years. The increased funding and Sydney Morning Herald, 3 May 2016 powers are only useful if they are actually used — something that hasn’t sat well with ASIC. It is trying to do better but it has a long way to go. Without a royal commission into the financial services sector, one thing is Metadata laws deter people from communicating with journalists. for sure, there will be more scandals Photo: Phil Carrick and more whistleblowers wanting to do the right thing. But will they come But metadata laws passed late last forward under the current system that year mean that phone companies and doesn’t protect them, leaves them open internet service providers must keep to smear and innuendo and doesn’t details of communications between compensate them for the damage to people for two years, and this infor- their careers? Who could blame them mation can be obtained, sometimes if they fail to act in future if we fail without a warrant, by a range of law now on the royal commission? Not me. Michael Bachelard Investigations editor, The Age enforcement agencies. There is one more important point I Journalists have a measure of would like to touch on. AUSTRALIAN journalists make a protection — agencies must obtain a Earlier this year Guardian Austral- warrant — but applications for war- ian journalist Paul Farrell revealed the promise to their confidential sources to protect their identity “in all circum- rants are conducted without the re- Australian Federal Police has a sub- porter’s knowledge and in our defence stantial file on him. stances.” But snooping by the Aus- tralian government and security agen- sit two retired judges, both appointed The heavily redacted 200-plus page by the government, who have no back- dossier details the quite extraordinary cies under metadata retention laws have made that promise much more ground in media law. lengths to which the AFP has gone, In response, Fairfax Media has using new secrecy laws, to identify difficult to keep. Today, Fairfax Media hits back. adopted the SecureDrop platform, a sources for a story he wrote on asylum project of the US-based not-for-profit seekers. From today, we are offering whistleblowers two different ways Freedom of the Press Foundation. The Whichever way you look at it, state- system allows both messages and files sanctioned spying on journalists is to communicate with our award- winning investigative journalists, con- of up to 500 MB and messages to be totally unacceptable, as are lengthy jail passed securely to our investigative terms and heavy fines for taking on fident that it’s as safe as possible from prying eyes. team. issues of public interest. It uses an anonymous network, These laws are a threat to investiga- Securedrop: Send us up to 500 MB with unparalleled security encryption, and a clean operating tive journalism and deter whistleblow- system so that the information is, and ers from speaking out. JournoTips: Send us up to 5 MB and chat with journalists easily remains, anonymous, from when it Once we head down this slippery leaves the leaker’s desktop to when it path there is no telling where it might The leak of hundreds of thousands of emails from international bribe fac- arrives on our reporters’. Users must end. download and use the Tor browser As our current PM, a former worker tory Unaoil, prompting a series of stories by Fairfax Media’s investiga- before they can submit information –– journalist, noted: “We are one of the and it’s recommended this not be done oldest democracies in the world. Our tions unit, as well as the Snowden revelations and the Panama Papers, on the leaker’s corporate computers or democracy depends on many men and networks. women, on many institutions — all of illustrate the power of public interest journalism when it’s armed with strong The communications trail is wiped them vitally important — but none is routinely so that information does not more important than a free and coura- documentary evidence.

16 The Whistle, #87, July 2016

exist anywhere for long enough to be the Australian people, and if the searched. information leaked is pertinent to our Ziggy Switkowski is kidding himself if The second solution, called judgment regarding the direction the he thinks that his opinion piece in the JournoTips by Whispli, will allow government has taken the company Herald justifies the overtly political more impulsive informants to speak up then we have a right to know. raids by members of his staff and the by securely and quickly passing mes- The only thing that we should be AFP on Labor Party figures. Both he sages and files to our reporters without discussing here is whether the material and Malcolm Turnbull should wake up the need to enter their personal contact leaked reflects the true state of affairs to the fact that they are no longer details. They can then converse with or not. working for independent private them anonymously. James Manche Dulwich Hill companies. Created originally as a whistle- Who is NBN Co in competition blower system for corporations to with to justify such levels of secrecy? allow their people to report wrongdo- When the public finds out the level of ing within their operations, the system future costs associated with getting rid has been modified to allow tip-offs to of the copper wires they are currently journalists. The platform encrypts all connecting into the NBN system, Joe its communications, and effectively Hockey’s and Scott Morrison’s inter- scrubs the IP address of the informant generational debt problem will seem as the information hits platform. like chicken feed. Both methods will be available to Norman Pollock Bellmere (Qld) users from links embedded in the stories of our investigative reporters, Ziggy Switkowski Ziggy Switkowski’s article about the and also on the investigations landing NBN is quite transparent. What he is page of Fairfax Media websites. The humbug and audacity of Ziggy about is defending the indefensible, the Switkowski seemingly knows few politicised debacle that is a critically Read more: look on the web for bounds. First, who says it was “theft”? required 21st century piece of infra- “Securedrop Fairfax” and “JournoTips What evidence is there to support this structure needed to advance the pros- Fairfax.” claim? A complaint has been made, perity of Australia and all Australians,

but no charges have been laid have not just the privileged few. they? His claim, if not pre-empting any Anne Finnane Marlee On Ziggy and further action, would appear to be him trying to be complainant, judge and NBN leaks jury. Offshore detention Letters to the editor of the Sydney His grievance seems to be at least Morning Herald, 29 May 2016 partly based on his opinion that the whistleblower loses job documents have been used for “politi- after condemning As a Turnbull-appointed chairman of cal” purposes — that, of course, should the National Broadband Network it is not be a consideration in any investi- “atrocity” of camps no wonder Ziggy Switkowski prefers gation as to whether the law has been Ben Doherty to frame the leaking of documents that broken. The Guardian, 21 June 2016 reflect poorly on Turnbull as “theft” Second, very importantly, whatever rather than “whistleblowing” (“No the veracity of his claim that the THE TRAUMA SPECIALIST who con- apologies for reporting document company was duty bound to refer the demned the treatment of asylum theft”, May 28–29). Now the Austral- issue to “the authorities”, why refer it seekers and refugees in Australia’s ian Federal Police has raided ALP to the AFP? Why not the usual offshore detention regime as the worst figures in the middle of an election criminal investigation “authorities” “atrocity” he has seen has had his campaign he has to defend it and authorities who deal day in and contract to work on Nauru terminated. somehow. day out with such “commercial-in- Psychologist Paul Stevenson, whom He accuses the “thieves” of having confidence” matters, as this one is the Australian government awarded an an ideological intent, and says that this claimed to be. This is a seriously bad Order of Australia for his work was not whistleblowing as “whistle- look. And why would an NBN counselling victims of the Bali bomb- blowing usually emerges from con- employee photograph documents, ings, had undertaken 14 deployments cerns about the legality or morality of while accompanying the federal to Nauru and to Manus Island in Papua actions within a company, or uncon- police (and the media) on the raids? New Guinea. He was due to return to scionable behaviour inconsistent with Third, no amount of self-interested Nauru on Thursday. company values”. But these reasons obfuscation from Switkowski will get But after he spoke publicly to the are not the only grounds for whistle- him around the substance of the Guardian about his experiences blowing, just the ones he cares to matter: the (controversial) policy, costs working within Australia’s offshore name. and roll-out performance involving our detention regime – describing condi- Too busy being outraged by the leak “national” broadband system. tions in the camps as “demoralising … he forgets that the NBN is owned by Simon Balderstone Manly and desperate” — he was told his con-

The Whistle, #87, July 2016 17 tract had been summarily cancelled. ble, terrible conditions, and there is Israel: drop latest PsyCare, the company through nothing you can say about it that says which he was employed to provide there’s some positive humanity in this. charges against counselling to guards working in And that’s why it’s such an atrocity.” whistle-blower offshore detention, informed him by His comments were backed up by email his employment had been more than 2,000 pages of incident Mordechai Vanunu terminated. reports which showed a litany of self- Amnesty International public Stevenson said the news was not harm, sexual and physical assaults, statement, 10 May 2016 unexpected. “But the public needs to depression and violence. hear about the consequences people The Australian Department of THE ISRAELI authorities should drop face for speaking out, and to under- Immigration and Border Protection, the charges handed down two days ago stand the level they go to in minimis- the island security provider Wilson and to nuclear whistle-blower Mordechai ing access.” PsyCare have all refused to answer Vanunu, as well as lifting all of the questions from the Guardian. restrictions still imposed on him, One of the men incarcerated in the Amnesty International said today. This Australian-run detention centre on latest development is illustrative of the Manus Island, Behrouz Boochani, pattern of persecution he has faced asked a direct question of the prime since he was released from prison 12 minister, Malcolm Turnbull, on the years ago after serving an 18-year ABC’s Q&A. sentence for disclosing information on Boochani, a Kurdish journalist who Israel’s secret nuclear capacity in fled persecution in Iran and has been 1986. On 8 May 2016, the Jerusalem Paul Stevenson recognised as a refugee, asked: I’m talking to you from Manus Magistrate’s Court charged Mordechai Vanunu with breaching the ongoing Previous whistleblowers, such as prison. Australia exiled me by force three years ago. What is my crime? I severe and arbitrary restrictions against the former International Health & his rights to freedoms of movement Medical Services director of mental am a refugee who fled injustice, discrimination and persecution. I and expression. The charges appar- health Dr Peter Young, have also faced ently relate to a meeting he had with serious ramifications for advocating didn’t leave my family by choice. Why two US nationals three years ago; an for better care of those held in immi- am I still in this illegal prison after three years? interview he gave to Israeli broadcaster gration detention. Police accessed Channel 2 in September 2015, for Young’s phone records because he had Turnbull responded that the policy of offshore detention was necessary to which he was already punished that been critical of the detention regime. same month; and moving his residence The Border Force Act gives the maintain Australia’s border protection regime and to deter unauthorised boat within the same building without Australian government the power to informing the police. jail, for up to two years, anybody arrivals. “It is a tough policy, I grant you If Mordechai Vanunu is convicted employed by the department or its and imprisoned under these charges, contractors who speaks publicly about that,” he said. “It is a harsh policy. But in government and in politics, often Amnesty International would consider conditions inside the offshore deten- him a prisoner of conscience held tion regime, including doctors advo- you are presented with tough choices. solely for peacefully exercising his cating for better healthcare, or other “A person who has been found to be right to freedom of expression and workers exposing sexual and physical given refugee status in PNG is able to then settle in PNG. I know, I’m sure, would call for his immediate and abuse of detainees. unconditional release. In an extensive interview with the he would rather come to Australia, but that option is not available to him. The The Israeli newspaper Haaretz Guardian, published on Monday, quoted the response of his lawyer, Stevenson said: “In my entire career of people smugglers are out of business, they would love to get back into Avigdor Feldman, to this latest move 43 years I have never seen more by the Israeli state as “a record low … atrocity than I have seen in the incar- business, they are itching to get back into business, believe me. Every now in its persecution and abuse of cerated situations of Manus Island and Mordechai Vanunu … I’m ashamed, Nauru.” and then they test us out. But we have kept our policy firm.” and whoever filed this indictment “Every day is demoralising. Every should be even more ashamed.” single day and every night. And you On Tuesday morning Boochani Feldman said that the charges are can work an eight-hour shift, or a 16- wrote in response to the prime minis- ter, from Manus: “You did not answer being made in preparation for hour-shift, or a 20-hour-shift, you can Vanunu’s latest attempt to challenge get up in the middle of the night to my questions because you could not, because you don’t have any plan for his international travel ban, which answer the calls to go down to the expired recently but was extended by a camp, and you know it’s not getting the future. You are lying to Australian people and playing with Australia’s temporary court order. any better. And it’s that demoralisation Since his release from prison in that is the paramount feature of off- international reputation. I know you will never answer my questions.” 2004, Vanunu and his lawyers have shore detention. fought without success to end the cruel “It’s indeterminate, it’s under terri-

18 The Whistle, #87, July 2016

and unnecessary restrictions which Leaking as resistance prevent him from leaving Israel, Edward Snowden communicating with foreigners — Foreword to including journalists — without the The Assassination Complex prior agreement of the authorities, 3 May 2016 entering or approaching foreign em- bassies and participating in internet “I’VE BEEN WAITING 40 years for chats, and which require that he notify someone like you.” Those were the the police if he moves residence. Mordechai Vanunu first words Daniel Ellsberg spoke to In September 2015, Vanunu was put me when we met last year. Dan and I under one week’s house arrest and Background felt an immediate kinship; we both banned from using the internet and Mordechai Vanunu worked as a tech- knew what it meant to risk so much — communicating with journalists as a nician at Israel’s nuclear plant near the and to be irrevocably changed — by punishment for the interview he gave southern town of Dimona. After revealing secret truths. to Israeli Channel 2. According to revealing details of the country’s Israeli newspaper The Times of Israel, nuclear arsenal to The Sunday Times Channel 2 said the broadcast was pre- he was abducted by Mossad agents in approved by the military censor but the Italy on 30 September 1986 and police asked to see the full unedited secretly taken to Israel where he was interview. Apparently, the Israeli au- tried and sentenced to 18 years’ thorities objected to something imprisonment. According to nuclear Vanunu said during the making of the physicist Frank Barnaby, who inter- interview but which was not broadcast. viewed Vanunu in September 1986 in In the interview, Vanunu talked about his role as a consultant to the UK his motivation to divulge information newspaper The Sunday Times prior to about Israel’s nuclear armoury, his its publication of Vanunu’s revela- Edward Snowden subsequent abduction by Mossad tions, he was motivated by a belief that (Israeli secret services) from Italy in the Israeli and international public had One of the challenges of being a 1986 and his marriage in May 2015 to a right to know about Israel’s nuclear whistleblower is living with the his long-term partner, Norwegian pro- weapons programme; and that “he knowledge that people continue to sit, fessor of theology Kristin Joachimsen, seemed to be acting ideologically.” just as you did, at those desks, in that and his desire to go and live with her He was held in prolonged secret unit, throughout the agency; who see in Norway. detention, in violation of the prohibi- what you saw and comply in silence, The Israeli government’s contention tion of arbitrary arrest or detention without resistance or complaint. They that Vanunu’s freedom must be so contained in Article 9 of the Interna- learn to live not just with untruths but severely curtailed because he poses a tional Covenant on Civil and Political with unnecessary untruths, dangerous threat to national security becomes Rights. There are also serious concerns untruths, corrosive untruths. It is a more and more ludicrous as each year about the secrecy of his trial and the double tragedy: what begins as a passes. It is widely acknowledged that severe nature of the charges on which survival strategy ends with the any information he disclosed to jour- he was convicted, as well as the 11 compromise of the human being it nalists about Israel’s nuclear weapons years he spent in solitary confinement sought to preserve and the diminishing programme is already in the public between 1986 and 2004, which of the democracy meant to justify the domain and is in any case 30 years out amounted to cruel, inhuman or sacrifice. of date. There is no evidence to degrading treatment. But unlike Dan Ellsberg, I didn’t suggest he has committed any criminal In 2014, Israel’s Supreme Court have to wait 40 years to witness other offence. denied a petition from his lawyers to citizens breaking that silence with The ongoing restrictions against lift his travel ban so he could partici- documents. Ellsberg gave the Pentagon him are arbitrary and contrary to pate in an Amnesty International event Papers to the New York Times and Israel’s obligations under international on whistle-blowers, in the UK and other newspapers in 1971; Chelsea law, particularly the International attend an event at the UK parliament to Manning provided the Iraq and Afghan Covenant on Civil and Political Rights, which he was invited by 54 members war logs and the Cablegate materials to which prohibits arbitrary interference of parliament WikiLeaks in 2010. I came forward in in the rights to freedom of movement, In May 2010 Mordechai Vanunu 2013. Now another person of courage freedom of expression and freedom of was imprisoned for three months after and conscience has made available the association and protects individuals being convicted of breaching the extraordinary set of documents pub- from being punished again for the restrictions on him by speaking to lished in The Assassination Complex, same offence. The restrictions are not foreigners and attempting to attend the new book by Jeremy Scahill and part of any parole conditions imposed Christmas Mass in Bethlehem. Am- the staff of the Intercept. since he served his full sentence. nesty International considered him to We are witnessing a compression of be a prisoner of conscience. the timeframe in which unconstitu- tional activities can continue before

The Whistle, #87, July 2016 19 they are exposed by acts of conscience. ble biographer information so secret it to have been so much as disciplined as And this permits the American people defied classification, including the a result of the story that cost us the to learn about critical government names of covert operatives and the ability to listen to the alleged al-Qaida actions, not as part of the historical president’s private thoughts on matters hotline. record but in a way that allows direct of strategic concern. Petraeus was not If harmfulness and authorisation action through voting — in other charged with a felony, as the Justice make no difference, what explains the words, in a way that empowers an Department had initially recom- distinction between the permissible informed citizenry to defend the mended, but was instead permitted to and the impermissible disclosure? democracy that “state secrets” are plead guilty to a misdemeanour. Had The answer is control. A leak is nominally intended to support. an enlisted soldier of modest rank acceptable if it is not seen as a threat, pulled out a stack of highly classified as a challenge to the prerogatives of notebooks and handed them to his the institution. But if all the disparate girlfriend to secure so much as a smile, components of the institution — not he would be looking at many decades just its head but its hands and feet, in prison, not a pile of character every part of its body — must be references from a Who’s Who of the assumed to have the same power to Deep State. discuss matters of concern, that is an existential threat to the modern politi- cal monopoly of information control,

Daniel Ellsberg in 1973. particularly if we’re talking about Photograph: BBC/ITVS/AP disclosures of serious wrongdoing, fraudulent activity, unlawful activities. When I see individuals who are able to If you can’t guarantee that you alone bring information forward, it gives me can exploit the flow of controlled hope that we won’t always be required information, then the aggregation of all to curtail the illegal activities of our the world’s unmentionables — government as if it were a constant David Petraeus in 2010. including your own — begins to look task, to uproot official lawbreaking as Photograph: Kevin Lamarque/Reuters more like a liability than an asset. routinely as we mow the grass. (Inter- estingly enough, that is how some have There are authorised leaks and also begun to describe remote killing permitted disclosures. It is rare for operations, as “cutting the grass.”) senior administration officials to ex- A single act of whistleblowing plicitly ask a subordinate to leak a CIA doesn’t change the reality that there are officer’s name to retaliate against her significant portions of the government husband, as appears to have been the that operate below the waterline, case with Valerie Plame. It is equally beneath the visibility of the public. rare for a month to go by in which some senior official does not disclose Those secret activities will continue, despite reforms. But those who per- some protected information that is Valerie Plame in 2006. form these actions now have to live beneficial to the political efforts of the Photograph: Haraz N Ghanbari/AP with the fear that if they engage in parties but clearly “damaging to na- activities contrary to the spirit of tional security” under the definitions of Truly unauthorised disclosures are society — if even a single citizen is our law. necessarily an act of resistance — that catalysed to halt the machinery of that This dynamic can be seen quite is, if they’re not done simply for press injustice — they might still be held to clearly in the al-Qaida “conference call consumption, to fluff up the public account. The thread by which good of doom” story, in which intelligence appearance or reputation of an institu- governance hangs is this equality officials, likely seeking to inflate the tion. However, that doesn’t mean they before the law, for the only fear of the threat of terrorism and deflect criticism all come from the lowest working man who turns the gears is that he may of mass surveillance, revealed to a level. Sometimes the individuals who find himself upon them. neoconservative website extraordinar- step forward happen to be near the Hope lies beyond, when we move ily detailed accounts of specific pinnacle of power. Ellsberg was in the from extraordinary acts of revelation to communications they had intercepted, top tier; he was briefing the secretary a collective culture of accountability including locations of the participating of defense. You can’t get much higher, within the intelligence community. parties and the precise contents of the unless you are the secretary of defense, Here we will have taken a meaningful discussions. If the officials’ claims and the incentives simply aren’t there step towards solving a problem that were to be believed, they irrevocably for such a high-ranking official to be has existed for as long as our burned an extraordinary means of involved in public interest disclosures government. learning the precise plans and inten- because that person already wields the Not all leaks are alike, nor are their tions of terrorist leadership for the sake influence to change the policy directly. makers. David Petraeus, for instance, of a short-lived political advantage in a At the other end of the spectrum is provided his illicit lover and favoura- news cycle. Not a single person seems Chelsea Manning, a junior enlisted

20 The Whistle, #87, July 2016

soldier, who was much nearer to the I came to understand how one strategic bottom of the hierarchy. I was midway consideration, such as waiting until the in the professional career path. I sat month before a domestic election, down at the table with the chief could become overwhelmed by an- information officer of the CIA, and I other, such as the moral imperative to was briefing him and his chief provide an opportunity to arrest a technology officer when they were global trend that had already gone too publicly making statements such as: far. I was focused on what I saw and “We try to collect everything and hang on my sense of overwhelming disen- A placard in support of Edward on to it for ever,” and everybody still franchisement that the government, in Snowden. Photograph: Mandel thought that was a cute business which I had believed for my entire life, Ngan/AFP/Getty Images slogan. Meanwhile, I was designing was engaged in such an extraordinary the systems they would use to do act of deception. One of the extraordinary things about precisely that. I wasn’t briefing the At the heart of this evolution is that the revelations of the past several policy side, the secretary of defense, whistleblowing is a radicalising event years, and their accelerating pace, is but I was briefing the operations side, — and by “radical” I don’t mean that they have occurred in the context the National Security Agency’s direc- “extreme”; I mean it in the traditional of the United States as the “uncon- tor of technology. Official wrongdoing sense of “radix,” the root of the issue. tested hyperpower.” can catalyse all levels of insiders to At some point, you recognise that you We now have the largest unchal- reveal information, even at great risk can’t just move a few letters around on lenged military machine in the history to themselves, so long as they can be a page and hope for the best. You can’t of the world, and it is backed by a convinced that it is necessary to do so. simply report this problem to your political system that is increasingly Reaching those individuals, helping supervisor, as I tried to do, because willing to authorise any use of force in them realise that their first allegiance inevitably supervisors get nervous. response to practically any justifica- as a public servant is to the public They think about the structural risk to tion. In today’s context that justifica- rather than to the government, is the their career. They are concerned about tion is terrorism, but not necessarily challenge. That is a significant shift in rocking the boat and “getting a reputa- because our leaders are particularly cultural thinking for a government tion.” The incentives aren’t there to concerned about terrorism in itself or worker today. produce meaningful reform. Funda- because they think it is an existential I’ve argued that whistleblowers are mentally, in an open society, change threat to society. They recognise that elected by circumstance. It’s not a has to flow from the bottom to the top. even if we had a 9/11 attack every virtue of who you are or your back- As someone who works in the year, we would still be losing more ground. It’s a question of what you are intelligence community, you’ve given people to car accidents and heart exposed to, what you witness. At that up a lot to do this work. You’ve hap- disease, and we don’t see the same point, the question becomes: “Do you pily committed yourself to tyrannical expenditure of resources to respond to honestly believe that you have the restrictions. You voluntarily undergo those more significant threats. capability to remediate the problem, to polygraphs; you tell the government What it really comes down to is the influence policy?” I would not encour- everything about your life. You waive reality that we have a political class age individuals to reveal information, a lot of rights because you believe the that feels it must inoculate itself even about wrongdoing, if they do not fundamental goodness of your mission against allegations of weakness. Our believe they can be effective in doing justifies the sacrifice of even the politicians are more fearful of the so, because the right moment can be as sacred. It’s a just cause. politics of terrorism — of the charge rare as the will to act. And when you’re confronted with that they do not take terrorism seri- evidence — not in an edge case, not in ously — than they are of the crime a peculiarity, but as a core conse- itself. quence of the programme — that the As a result, we have arrived at this government is subverting the constitu- unmatched capability, unrestrained by tion and violating the ideals you so policy. We have become reliant upon fervently believe in, you have to make what was intended to be the limitation a decision. When you see that the of last resort: the courts. Judges, real- programme or policy is inconsistent ising that their decisions are suddenly with the oaths and obligations that charged with much greater political Chelsea Manning. Photograph: AP you’ve sworn to your society and importance and impact than was origi- yourself, then that oath and that nally intended, have gone to great This is simply a pragmatic, strategic obligation cannot be reconciled with lengths in the post-9/11 period to avoid consideration. Whistleblowers are out- the programme. To which do you owe reviewing the laws or the operations of liers of probability, and if they are to a greater loyalty? the executive in the national security be effective as a political force, it is context and setting restrictive prece- critical that they maximise the amount dents that, even if entirely proper, of public good produced from scarce would impose limits on government seed. When I was making my decision, for decades or more. That means the

The Whistle, #87, July 2016 21 most powerful institution that human- at each other, there is no room for a government, to comport itself accord- ity has ever witnessed has also become judge on that battlefield. But now the ingly. the least restrained. Yet that same in- government has decided — without the Unrestrained power may be many stitution was never designed to operate public’s participation, without our things, but it is not American. in such a manner, having instead been knowledge and consent — that the explicitly founded on the principle of battlefield is everywhere. Individuals checks and balances. Our founding who don’t represent an imminent impulse was to say: “Though we are threat in any meaningful sense of those mighty, we are voluntarily restrained.” words are redefined, through the subversion of language, to meet that definition. Inevitably, that conceptual subver- sion finds its way home, along with the technology that enables officials to Paul Revere, c1800. Photograph: promote comfortable illusions about Hulton Archive/Getty Images surgical killing and nonintrusive sur- veillance. Take, for instance, the holy It is in this sense that the act of whistleblowing increasingly has be- grail of drone persistence, a capability CIA headquarters in Langley, Virginia that the US has been pursuing forever. come an act of political resistance. The Photograph: Saul Loeb/AFP/Getty Images The goal is to deploy solar-powered whistleblower raises the alarm and lifts drones that can loiter in the air for the lamp, inheriting the legacy of a line When you first go on duty at CIA weeks without coming down. Once of Americans that begins with Paul headquarters, you raise your hand and you can do that, and you put any Revere. swear an oath — not to government, typical signals-collection device on the The individuals who make these not to the agency, not to secrecy. You bottom of it to monitor, unblinkingly, disclosures feel so strongly about what swear an oath to the constitution. So the emanations of, for example, the they have seen that they are willing to there is this friction, this emerging different network addresses of every risk their lives and their freedom. They contest between the obligations and laptop, phone and iPod, you know not know that we, the people, are ulti- values that the government asks you to just where a particular device is in mately the strongest and most reliable uphold, and the actual activities that what city, but you know what apart- check on the power of government. you are asked to participate in. ment each device lives in, where it The insiders at the highest levels of goes at any particular time, and by government have extraordinary capa- what route. bility, extraordinary resources, tre- Once you know the devices, you mendous access to influence and a know their owners. When you start monopoly on violence, but in the final doing this over several cities, you are calculus there is but one figure that tracking the movements not just of matters: the individual citizen. individuals but of whole populations. And there are more of us than there By preying on the modern necessity are of them. to stay connected, governments can

A US drone used to launch airstrikes in reduce our dignity to something like The Assassination Complex: Inside the Iraq and Syria. Photograph: John that of tagged animals, the primary Government’s Secret Drone Warfare Moore/Getty Images difference being that we paid for the Programme by Jeremy Scahill and the tags and they are in our pockets. It staff of The Intercept, with a foreword by Edward Snowden and afterword by These disclosures about the Obama sounds like fantasist paranoia, but on Glenn Greenwald, is published by administration’s killing programme the technical level it is so trivial to Serpent’s Tail (£8.99) and Simon & reveal that there is a part of the Ameri- implement that I cannot imagine a Schuster ($30). can character that is deeply concerned future in which it won’t be attempted. with the unrestrained, unchecked exer- It will be limited to the war zones at cise of power. And there is no greater first, in accordance with our customs, or clearer manifestation of unchecked but surveillance technology has a power than assuming for yourself the tendency to follow us home. authority to execute an individual Here we see the double edge of our outside a battlefield context and with- uniquely American brand of national- out the involvement of any sort of ism. We are raised to be exceptional- judicial process. ists, to think we are the better nation Traditionally, in the context of with the manifest destiny to rule. The military affairs, we have always under- danger is that some people will actu- stood that lethal force in battle could ally believe this claim, and some of not be subjected to ex ante judicial those will expect the manifestation of constraints. When armies are shooting our national identity, that is, our

22 The Whistle, #87, July 2016

Conference and annual general meeting

Conference Saturday 19 November 2016 8.15am for 9am

Speakers To be announced

Anyone wanting to tell their story or what they learnt from it should contact Cynthia. You can plan on talking for 15–30 minutes depending on the content. Overhead projection, online connection, CD and DVD will be available.

AGM Sunday 20 November 2016 8.15am for 9am

Venue Uniting Church Ministry Convention Centre on Masons Drive, North Parramatta, Sydney

Non-members $65 per day, includes lunch & morning/afternoon tea. Optional $35 extra for dinner onsite 6pm Saturday night

Members, concessional cardholders and students $45 per day This charge may be waived for members, concessional cardholders and students from interstate, on prior application to WBA secretary Jeannie Berger (jayjellybean@aol.com). Optional dinner @ $30 a head, onsite 6pm Saturday night.

Bookings Notify full details to treasurer Feliks Perera by phone on (07) 5448 8218 or at [email protected] or president Cynthia Kardell (for phone/email see below under enquiries).

Payment Mail cheque made payable to Whistleblowers Australia Inc. to the treasurer, Feliks Perera, at 1/5 Wayne Ave, Marcoola Qld 4564, or pay Whistleblowers Australia Inc by deposit to NAB Coolum Beach BSB 084 620 Account Number 69841 4626 or pay by credit card using PayPal to account name [email protected].

Low-cost quality accommodation is available at the venue Book directly with and pay the venue. Call 1300 138 125 or email [email protected]

Enquiries: ring national president Cynthia Kardell on (02) 9484 6895 or email [email protected]

The Whistle, #87, July 2016 23 Whistleblowers Australia contacts WBA conference and AGM

Postal address PO Box U129, Wollongong NSW 2500 This year’s conference will be on Saturday 19 November Website http://www.whistleblowers.org.au/ and the annual general meeting on the 20th. The venue will New South Wales be the same as in recent years: Uniting Church Ministry “Caring & sharing” meetings We listen to your story, Convention Centre on Masons Drive, North Parramatta, provide feedback and possibly guidance for your next few Sydney. Make your flight bookings now to reduce costs. steps. Held by arrangement at 7.00pm on the 2nd and 4th See page 23 for details. Tuesday nights of each month, Presbyterian Church (Crypt), 7-A Campbell Street, Balmain 2041. Ring beforehand to arrange a meeting. Ziggy and whistleblowing Contact Cynthia Kardell, phone 02 9484 6895, [email protected] Ziggy Switkowski, chairman of NBN, made an outrageous attack on whistleblowers in an opinion piece published in Wollongong contact Brian Martin, phone 02 4221 3763. the Sydney Morning Herald. Once upon a time, this might Website http://www.bmartin.cc/dissent/ have passed unnoticed, but these days whistleblowing is much more favourably viewed. Commentators jumped all Queensland contacts Feliks Perera, phone 07 5448 8218, over Switkowski in articles and blogs. For some letters to [email protected]; Greg McMahon, phone 07 the editor, see page 17. In this instance, members of 3378 7232, [email protected] Whistleblowers Australia can sit back and let others take Tasmania Whistleblowers Tasmania contact, Isla the running. MacGregor, phone 03 6239 1054, [email protected]

Schools and teachers contact Robina Cosser, [email protected]

Whistle Editor: Brian Martin, [email protected] Phones 02 4221 3763, 02 4228 7860 Address: PO Box U129, Wollongong NSW 2500 Associate editor: Don Eldridge Thanks to Cynthia Kardell and Margaret Love for proofreading.

Whistleblowers Australia membership

Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. To subscribe to The Whistle but not join WBA, the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests.

Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone 07 5448 8218, [email protected]

24 The Whistle, #87, July 2016