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

The

Whistle No. 96, October 2018

Newsletter of Whistleblowers Australia (ISSN 2205-0299)

Reality Winner, imprisoned whistleblower

Articles

National Appreciation Day. The Senate resolu- tion encourages US federal agencies to Whistleblower Day inform

IN 1777, ten sailors and marines from employees, contractors working on the ship Warren petitioned the US behalf of United States taxpayers, Continental Congress — the precursor and members of the public about the of the US Congress — to take action legal rights of citizens of the United against their commander, the first States to “blow the whistle” by commodore of the US Navy, who they honest and good faith reporting of alleged was war profiteering and misconduct, fraud, misdemeanors, mistreating prisoners of war. Congress or other crimes to the appropriate supported them, including when the authorities. commander took them to court. On July 30 the following year, the The resolution also acknowledges the US Continental Congress unani- After Whistleblowers Australia formed contributions whistleblowers have mously: in 1991, we were in contact with the made, at their own personal risk,

NWC to support Australian whistle- “combating waste, fraud, abuse.” Resolved, That it is the duty of all blowers from the late 1980s, those who The US Congress has not yet desig- persons in the service of the United had forced the 1989 Queensland nated July 30 as National Whistle- States, as well as all other the in- Fitzgerald Inquiry and ones who later blower Day on a permanent basis. The habitants thereof, to give the earliest led to the 1995 NSW Police Royal NWC continues to campaign for this to information to Congress or other Commission. By 1994, the govern- happen. proper authority of any misconduct, ments of New South Wales, South July 30 marks the fourth year that frauds or misdemeanors committed Australia and the Australian Capital Whistleblowers Australia has hon- by any officers or persons in the Territory had enacted Australia’s first oured and thanked those whistleblow- service of these states, which may whistleblower protection laws. ers who have spoken truth to power come to their knowledge. with incredibly good results for all of society, for example those arising out of the banking royal commission. It isn’t possible to thank everyone individually, but you know who you are and, in honouring the few, Whistleblowers Australia would like to honour you all. Thank you Fazal Ullah, Lynn Simpson, Jeff Morris, Ben Kohl, Brett Strong, Maryanne Slattery, Sharon Kelsey, Rick Flori, the “bushie” who gave us the cabinet files leak, Witness K and lawyer Bernard Collaery, John Lawrence, “Save the Children” whistleblowers, Xanana Gusmao and friends SBS, ABC TV Eighty-five years after that resolution, By 2015 the NWC was celebrating and radio, and Fairfax media. in 1863, the Congress adopted the first July 30 as their National Whistle- US False Claims Act to specifically blower Day. We joined with them in Cynthia Kardell protect the whistleblowers who tried to the same year, wanting to help President, Whistleblowers Australia combat fraud committed by suppliers promote modern day whistleblowing of the US government during the more globally. American Civil War. The NWC celebrates July 30 as a However, the Act didn’t really day for “those who raise their voice in come into its own until after 1986 the name of combating fraud, when substantial amendments were corruption, and other crimes, even in made to establish a major federal fraud the face of great adversity, and the prevention strategy. Two years later, strength of their conviction and the National Whistleblower Centre dedication to the truth.” (NWC), a whistleblower and legal This year, the US Senate designated support organisation, was formed. July 30 as National Whistleblower

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Understanding and The researchers emphasise the limi- seriously. Australian governments, tations of their study. For example, of when drafting whistleblower laws, responding to 250 invitations sent to email addresses seldom consult whistleblowers. One victimisation of provided by STOPline, only 19 people interpretation is that governments like responded and, of these, only 12 were to be seen to be doing something, so whistleblowers interviewed. There was a better re- they pass a law that gives the impres- sponse to invitations sent to members sion of providing protection even In May, a team of researchers reported of Whistleblowers Australia, with 24 though the laws don’t work in practice. on their study of Australian whistle- individuals interviewed. There’s no blowers, focusing on reprisals and way of knowing what the non- ways to deal with them. The team responding whistleblowers would say, interviewed whistleblowers who re- but it’s plausible that those who replied sponded to an invitation. One set of represent more serious cases. invitations was sent to members of The findings of the research are in Whistleblowers Australia, the other to tune with views presented by Whistle- people who had made disclosures to blowers Australia for many years. A the service STOPline. key finding is the lack of support for

whistleblowers.

An enduring theme arising from There is no guarantee that whistle- interviews was the lack of welfare blowers have the solution to the and support for whistleblowers. problems they confront. The ideal This was particularly emphasised by might be to learn from managers and those who dealt with whistleblowers workers who have fostered cultures some of whom said that support was that support speaking out about either absent or inadequate, apart problems as a routine behaviour. from general workplace counselling Nevertheless, whistleblowers have and welfare services that were good ideas about what not to do, and provided by some organisations. that’s a good start. None of those interviewed, be they If you’re up for reading research whistleblowers or those who dealt about whistleblower victimisation, this The study team was Inez Dussuyer, with them, indicated that the pro- is a report worthy of study. If this Russell G Smith, Anona Armstrong tections offered by whistleblower sounds too hard, just read the case and Kumi Heenatigata. The study legislation were effective in pre- studies, conveniently highlighted findings are presented at considerable venting and deterring acts of retali- throughout the report. If you’ve suf- length in a report to the Criminology ation and reprisal. (p. 8) fered reprisals, you’ll soon learn that Research Advisory Council, which has you’re in good company. a convenient executive summary, and Another key finding was that whistle- in an article by Dussuyer and Smith in blower legislation doesn’t work very The report: the May issue of the Australian well. http://crg.aic.gov.au/reports/1718/23- Institute of Criminology’s publication 1314-FinalReport.pdf Trends & issues in crime and criminal None of the persons interviewed, The article: justice. whether they were whistleblowers https://aic.gov.au/publications/tandi/ta The researchers, as well as inter- or those dealt with them, perceived ndi549 viewing whistleblowers, also inter- current legislation as being effective viewed whistleblower advisers — in preventing victimisation … More Brian Martin those, like some office bearers in often it was improvements in Vice President, Whistleblowers Whistleblowers Australia, who have management and workplace culture Australia talked to lots of whistleblowers. that were identified as being more For many whistleblowers, the find- beneficial. Interviewees stressed the ings will be no surprise: reprisals are need for workplace policies that are common and have significant adverse in place to be actually implemented impacts. Also, whistleblower laws and complied with, as well as more don’t provide much protection. practical welfare support being The reports provide lots of valuable made available to whistleblowers. detail, especially brief whistleblower (p. 9) stories. If you are caught up in your own case, it can be illuminating to see The most encouraging thing about this wider patterns and recognise the simi- report is that the researchers talked larities with other cases, but also any with whistleblowers and with whistle- special features of your own case. blower advisers and took their views

The Whistle, #96, October 2018 3

Whistleblowers Evil, published in 2005. “Man” in the An ecologist, looking at the inter- title refers to the human species. play between species, might say that versus evil Bartlett is concerned about problems in humans are noxious, like a weed that Brian Martin our species so fundamental and so can’t be controlled. Humans are con- damaging that they can be called a cerned about the damaging effects of Whistleblowers encounter some of the pathology, or in other words a disease. plants like lantana or animals like the worst aspects of human behaviour. cane toad, but these species are only First, they see some problem, such as beginners at causing damage compared corruption, abuse or danger to the to humans. public. In nearly every case, this Bartlett gives the label “evil” to involves someone doing the wrong voluntary human thinking and behav- thing, causing damage to others. iour that seriously harms happiness, Whistleblowers don’t turn away: they health and life itself. But you don’t decide to say something about it. have to use the word evil: you can just Second, they observe that few oth- refer to violence, cruelty, exploitation ers speak up. In most cases, there are and destruction. Just read history lots of bystanders who know about the books, or watch the news, and you’ll problem but are afraid or indifferent, find plenty of evidence. and allow the problem to fester. So what is going on to cause Third, they suffer reprisals. For humans to be so harmful to each other doing the right thing, whistleblowers and to the environment in which they regularly experience ostracism, ru- live? Bartlett has a radical view. He mour-mongering, harassment, denun- says that the capacity for evil is part of ciations and dismissal. Often the the makeup of humans and that most perpetrators are bosses or colleagues, evil deeds are carried out by people people who should be just as con- who are psychologically normal. cerned about the problem. The Pathology of Man is a lengthy Fourth, they have frustrating en- work of immense scholarship — it is gagements with official channels, such Step back for a moment from thinking not bedtime reading. Bartlett examines as senior management, grievance about the people you know or the a vast range of writing relevant to committees, courts and regulatory political events you read about, and human evil, for example the views of bodies. These bodies have the respon- imagine you are a being from another psychiatrists Sigmund Freud, Carl sibility to address problems but, all too planet looking down on earth and all Jung and others less well known. He often, they do not side with the the life forms inhabiting it. You would looks at the available evidence about whistleblower and have weak-kneed observe everything from microorgan- people involved in genocide, with responses to systemic problems. isms to plants and insects to mammals. special attention to the Holocaust. The All this is enough to cause whistle- Every species does what it can to Nazi killers were not a deviation from blowers to become deeply disillu- survive. the norm: most of them, when tested, sioned with their fellow humans and You couldn’t help noticing one were psychologically normal. The human-created systems. For many, it mammal in particular, humans. This same applies to war: most soldiers are causes a personal crisis, with faith in species has made an enormous impact psychologically normal, yet they are people’s honesty and fairness smashed on the environment and on other willing to kill other humans. and nothing to replace it. Some whis- species. It cultivates other species for tleblowers continue to seek justice, food, sometimes causing other animals hoping to find a white knight who will great pain. It spreads its waste products vanquish the wrongdoers. But what if across the globe, causing massive there are no white knights? What if species extinctions. Members of this human behaviour is irredeemable? species sometimes turn on each other, What if the bad guys are going to hurting or killing them in what is continue to get away with their evil called torture and murder. Some of deeds? What if there is something dark them control vast resources (called about humans generally? wealth) and leave others with little or nothing, allowing them to die. Some of It is worse than just killing. Many Human evil them produce and sell toxic products humans get a thrill out of watching Steven James Bartlett is a philosopher (like cigarettes) known to cause death. other humans hurt, torture and kill and psychologist who has studied Sometimes members of this species each other. Think of the popularity of deep-seated problems in the human fight on a grand scale, in what is called boxing and war movies, and the species, problems so bad that they can war. Sometimes they join in killing excitement people feel in wartime. be called evil. This sounds heavy, and large numbers of defenceless members Killing can itself be a source of it is. Here I will look at his book The of their own species, in what is called emotional gratification. Pathology of Man: A Study of Human genocide.

4 The Whistle, #96, October 2018

Canvassing a vast body of evidence, Bartlett writes that human stupidity fear of authority, as well as a tendency Bartlett concludes that normal humans is one of the contributing factors to to stigmatise outsiders. When whistle- have the capacity to participate in evil evil deeds. He discusses stupidity as a blowers are treated as traitors, this is a deeds. The implication is that what is shortcoming of cognitive capacities but manifestation of human hatred, and normal is pathological — it is like a is most concerned with shortcomings hatred is an emotion based on wanting disease. The implication is that the in moral intelligence. Someone can be to destroy the hated object. human species, not just a few aberrant very smart, with a high IQ, like most individuals, is pathological. of the leading Nazis under Hitler, and Bartlett examines the research on yet be deficient in moral capacities. obedience. It shows that most normal This is apparent in the ease with which humans will obey authorities and cause intelligent people can become involved extreme pain to someone else. In fact, in bullying, racism and hatred of ene- so normal is obedience to authority mies, and obey orders to participate in that it is those who disobey who are activities devastating to other humans unusual. This is where Bartlett’s analy- and the environment. sis is relevant to whistleblowers. People who intentionally blow the whistle in the public interest are ex- ceptions. They have a conscience and are willing to act on it.

Bartlett points to the importance of moral development, of enabling indi- Think of organisations where it is viduals to think beyond their immedi- routine to cause harm to other humans ate self-interest and to develop a or the environment. Some obvious capacity to reason for themselves candidates are tobacco companies and about the legitimacy of rules and military dictatorships, but there are institutions. Whistleblowing often in- many others. Take your pick: holding volves a rethinking of what is fair and refugees in detention camps, sending beneficial. What distinguishes public animals on long voyages in terrible interest disclosures from personal conditions, selling pharmaceutical grievances is a concern for others, drugs known to be deadly, or imple- especially those who are less fortunate. menting policies that leave people For me, Bartlett’s analysis points to destitute. the value of social movements against Bartlett is quite pessimistic about the Most workers participate without oppression, exploitation and repres- human species. In fact, he sees hope as any scruples; indeed, they may engage sion. Labour movements have chal- part of the problem, because always with the job enthusiastically, even lenged exploitation in workplaces, looking at the bright side of human though they know that others may be feminist movements have challenged harmed. It is usual for such workers to nature means that the dark side is con- systems of male domination and envi- justify their actions, for example by tinually under-examined and under- ronmental movements have challenged saying “We’re satisfying market estimated. He doesn’t provide any destruction of nature. Some aspects of demands,” “We’re defending the solutions, only wishing that others — these and other social movements country” or “We’re following orders.” mainly those with high levels of moral reflect a high moral sense in action, Bartlett says that such thought patterns development — will recognise the especially when participation in that rationalise cruelty are themselves capacity for evil residing in humans movements brings no immediate who are psychologically normal. pathological. In other words, ways of personal benefit. thinking that enable evil are them- Many whistleblowers thus have Implications selves part of the problem. affinities, in their moral concerns, with For whistleblowers, there are a few movements for equality, justice, implications. One is that it is important Whistleblowers are abnormal human rights and environmental sus- Whistleblowers are exceptions. Rather to learn about human psychology, in tainability. Bartlett would remind both than joining in damaging activities or particular the capacity of most humans whistleblowers and activists to remain watching as they continue unhindered, to hurt others and protect themselves at aware of the dark side of humans. they speak out. They try to do some- the expense of others. When whistle- thing about the problems. They are the blowers are subject to reprisals, this Brian Martin is editor of The Whistle. abnormal ones. reflects a culture of obedience to and

The Whistle, #96, October 2018 5 Media watch

NSA whistleblower After incarceration, Winner will be recorded. (What happened during the subject to three years of supervised raid was challenged by defense attor- Reality Winner receives release. She will not be required to pay neys through a motion to suppress longest sentence ever for a fine. The judge also did not say statements, but ultimately, no ruling on whether time served would be factored the motion was ever issued by the unauthorized disclosure into her sentence. court.) Kevin Gosztola Winner apologized in her statement She was denied bail. Prosecutors Common Dreams, 23 August 2018 and indicated she took full responsi- used her service and training in the Air bility for her action. Force against her to make the case she The plea agreement reflected the would flee if she was not kept in seriousness of the espionage defense, prison. They also promoted the idea Judge James Randal Hall said, adding that Winner had no respect for the U.S. the oft-heard refrain that it would government and persuaded the court promote respect for the law. (as well as an appeals court) that she Prosecutors claimed Winner’s dis- may be some kind of disloyal closure of the NSA report “caused American. Reality Winner arrives at a courthouse exceptionally grave damage to national For one year and 83 days, she was in Augusta, Georgia on Thursday security.” However, that was never detained at Lincolnton County Jail. Photo: Michael Holahan/AP proven during course of this case and There she was assaulted by a state in fact, prosecutors claimed it didn’t inmate. Her mental health deteriorated, FORMER NATIONAL SECURITY have to be proven to convict her of as a psychologist was hired to help her AGENCY contractor Reality Winner was sentenced to five years and three violating the Espionage Act. with depression. Her struggle with an months in prison at a federal court- In a statement after the hearing, eating disorder worsened because the house in Augusta, Georgia. It was part Justice Department representatives jail did not or would not accommodate of a plea agreement approved by the celebrated Winner’s sentence as the her diet. court, where Winner admitted she longest ever for a defendant convicted A trial was scheduled and post- disclosed classified information in of making an unauthorized disclosure. poned at least two times before her violation of the Espionage Act. Winner was in the United States Air attorneys recognized it would be Winner will be incarcerated at Force for six years. She is fluent in nearly impossible for her to defend Federal Medical Center, Carswell in Dari, Farsi, and Pashto and worked as herself in court. For example, her Fort Worth, Texas, primarily because a language analyst. When she left the defense was hindered significantly she has been bulimic for 12 years. In a Air Force, she was employed by when the court rejected 40 out of 41 statement read before the court, Pluribus International and worked for subpoenas that were requested so Winner said bulimia has been “a the NSA at Fort Gordon. evidence could be compiled to possi- constant struggle” for her and ex- She disclosed a copy of an intelli- bly show the government had not taken pressed fear that, if she wasn’t incar- gence report from the NSA that alleged appropriate steps to protect infor- cerated at a medical facility, she could Russian hackers targeted voter regis- mation in the NSA report. turn to bulimia as a coping mechanism. tration systems during the 2016 elec- A sensitive compartmented infor- She also suffers from depression after tion. It was provided to the Intercept, mation facility, or SCIF, was set up at the death of her father in 2016, mere which made several mistakes related to the courthouse in Augusta for Winner months before the act for which she source protection that led authorities to to meet with her attorneys and work on was prosecuted. identify Winner as the person who her defense. Throughout this part of Additionally, Winner spoke about gave the report to the media outlet. her case, she was routinely dehuman- her motivations for learning the lan- ized, as she was shackled 12 hours guages and cultures of countries in the each day. The shackles were at her Middle East. Following the attacks on waist so she could not drink from a September 11, she said she wanted to water bottle with her own hands. intellectually understand what had When she wanted to use the bath- happened. Her interest in language is room, according to her mother, Billie Winner-Davis, officers would do a what ultimately led her toe her lin of Winner was arrested on June 3, 2017, work. “complete strip search on her.” Any after FBI agents raided her home. In a time she was “taken from the SCIF to Defense attorney Joe Whitley de- small back room in her home, agents scribed Winner’s disclosure as a return to jail,” they did a strip search controlled her movements, never told on her. “poorly considered act of political her she was “free to leave,” nor did passion and protest” in an effort to Humiliating and degrading strip they inform her she had the right to searches served the purpose of domi- ensure the judge accepted the plea remain silent. The FBI successfully agreement. nation and ensured Winner would induced a confession that agents recognize who was in control over her.

6 The Whistle, #96, October 2018 She changed her plea from not We have had climate scientists Copenhagen Consensus Centre be- guilty to guilty on June 26 and convince politicians that our emissions cause he’d argued — correctly — that acknowledged in court the elements of of carbon dioxide are heating the a lot of global warming schemes waste the offense, which prosecutors brought planet dangerously. money without changing the climate. against her. This is why our politicians are Angry academics and students at Her sentence for violating the destroying our cheap and reliable Flinders University and the University Espionage Act is extraordinary, partic- electricity system by driving coal-fired of Western Australia insisted Lom- ularly when compared to sentences power stations out of business. borg’s views made him a pariah and issued in other leak prosecutions. Yet, embarrassment, and the university it is representative of the extent to administrators caved. which the government will go to make All this was shocking enough. It examples out of whistleblowers. told academics who question global There is no public interest defense warming catastrophism to keep their available to individuals charged under mouths shut. the Espionage Act, a World War I-era But Peter Ridd wouldn’t, and has law that is antiquated. It forces a paid the price. person who reveals information poten- His nightmare started last August on tially of public value to defend their Sky News when he said claims that the act in terms of whether they are guilty Great Barrier Reef was being de- of betraying the country or not. It was stroyed by global warming were exag- not initially used to punish sources and gerated. control the flow of information to the press, and yet, especially since Presi- dent Barack Obama’s administration, Peter Ridd the Justice Department has relied on the law to expand its ability to silence You can see the cost in your big national security whistleblowers. electricity bills, and in the factories forced shut by power prices that have more than doubled. Now Leftist politicians want to shut Climate debate stifled down coal mines, too. When we are doing something so Andrew Bolt Great Barrier Reef Daily Telegraph, 24 May 2018, p. 13 horrendously expensive, we must be certain that the science our politicians “The science is coming out not Academics who question global rely on stacks up. properly checked, tested or replicated,” warming catastrophism have been But does it? Scientists abroad point he said. warned to keep their mouths shut as out that we haven’t actually had the “We can no longer trust the scien- is evident in the sacking of marine warming that was predicted. tific organisations like the Australian scientist Peter Ridd Nor have we seen the predicted Institute of Marine Science, even disasters. We’ve had fewer cyclones, things like the ARC Centre of Excel- FINALLY Turnbull government minis- not more. We’ve had bigger crops, not lence for Coral Reef Studies.” He may ters are waking up to a frightening smaller. Most atoll islands are grow- be right, he may be wrong. This is a thought: are our universities muzzling ing, not drowning. vital question that must be answered global warming sceptics? Yet in Australia, academics who say with arguments. Three ministers have now expressed such things take a terrible risk — not Instead, James Cook University concern about the latest apparent ex- just the risk of losing the massive gave Ridd the don’t-argue. ample: the sacking of marine scientist grants that governments give to It attacked him for bucking group- Professor Peter Ridd. alarmists. think — for “failing to act in a And so they should. The late Professor Bob Carter was collegial way” and “not displaying Ridd was fired by James Cook once of the first scientists in the world responsibility in respecting the reputa- University last week after questioning to note that warming had in fact tions of other colleagues.” alarmist claims that man-made global paused for most of this century. It also ordered him to shut up about warming is destroying the Great He then lost his position as profes- the steps it was taking against him. Barrier Reef. sor emeritus at this same James Cook Ridd refused. And now he’s been fired. You should be outraged by this, too, University. Cost cutting, it claimed. Sadly, most academics are too even if you’re a global warming Then there was Professor Bjorn cowed, indifferent or ideological to believer. We cannot get good science Lomborg, once listed by Time maga- protest this assault on scientific debate. if we cannot debate. And nowhere do zine as one of the world’s 100 most Luckily, many Australians aren’t, and we more need that debate than with the influential people. in just days raised all the $260,000 great global warming scare. Two Australian universities refused Ridd asked for on his GoFundMe page grants to host Lomborg’s famous

The Whistle, #96, October 2018 7 to fund his legal case against his Whistleblowers Australia president these laws. Could you comment on university. Cynthia Kardell spoke with the World this? Politicians are now also speaking Socialist Web Site this week about the CK: There is a fair bit of anti-China up. On Monday, former prime minister measures and their political and social hysteria about, and it reminds me of Tony Abbott defended Ridd’s right to consequences. The following discus- the “reds under the bed” slogans used challenge the warming scare and sion has been edited. in the post-WWII and McCarthy era warned: “If we can’t have debate, we Richard Phillips: How will the new and up until the middle 1970s. This can’t have true science.” On Tuesday, laws impact on your work? was a common political method of Assistant Minister for Science Zed Cynthia Kardell: Our organisation attempting to blame others for our Seselja told me he was troubled by exists to help whistleblowers assist problems and not our own govern- Ridd’s sacking: “What I think is really themselves. If people can’t talk to us, ments. The Menzies [Liberal-Country important is the issue of intellectual or speak to and provide information to Coalition] government was fixated freedom, the issue of academic free- a journalist without being under threat with this. dom when it comes to scientific of going to jail if that became known, But 9/11, and the rhetoric about endeavour.” He said Energy and then it makes the business of talking to terrorism that followed, has allowed Environment Minister Josh Frydenberg anyone very difficult indeed. We’re in governments to build up a bogey and shared his concern, and Education the age of digital encryption but I impose a whole range of anti-demo- Minister Simon Birmingham said “any suspect that we’ll become a little bit cratic laws. We’re now being told that university should be encouraging their old-fashioned in the way we go about China is rising up to take us over and researchers and students to ask ques- things so that we don’t leave a digital do terrible things. The government has tions, not shutting down debate.” footprint. It might be a return to old used the idea of national security to Good, but will the government now becoming new again. stop people looking at things and to force James Cook University to back silence opposition and quietly intro- off? It may be up to people power in- duce legislation. We are faced with a stead. So speak up. Tell the university rush to the right from across the politi- that debate must be defended. cal spectrum and a retreat into author- Dissent must not be crushed if itarian platforms. I look at all of this science is to advance. with shame. Democracy’s future lies in sharing more power and involving more and more players. RP: The punishments for espionage, Whistleblowers Australia treason, mutiny and related charges

denounces new “foreign have been redefined, with much heav- interference” laws RP: Was your organisation shocked ier punishments, clearly designed to silence and intimidate opponents. Can Richard Phillips at the broad-ranging and unprece- you speak about that? World Socialist Web Site, wsws.org, dented character of these measures? CK: That’s true. It takes “law and 21 July 2018 CK: Not really. There’s been a order” techniques to the extreme. The steady erosion of criminal law in Aus- political method is two-fold: to look WHISTLEBLOWERS AUSTRALIA is one tralia since 9/11. Most of these sorts of like they’re keeping people safe whilst of the numerous organisations that changes have been implemented by at the same time scaring the bejesus lodged submissions to the Australian conservative governments — first by out of anyone contemplating chal- parliament opposing the new espio- the Howard administration and then lenging the status quo. nage and foreign interference laws, the Abbott-Turnbull governments — which passed with bipartisan support but a number of similar laws have been late last month. introduced by Labor governments. So A voluntary organisation that cham- no, we weren’t surprised by the new pions those seeking to expose govern- measures. ment and business corruption, its There’s been a steady erosion of submission denounced the laws and basic rights and concerted efforts right existing “terrorism” legislation. across the political spectrum to The submission said the laws frighten people and divert their con- “discard longstanding legal principles” cerns about government policy by blaming particular groups or individu- and “criminalise benign conduct, social justice concerns and ethical als as the main problem. These methods are as old as time. The government wasn’t able to prose- professional obligation; stifle political cute workers from the Save the debate and association … and rein- RP: The measures were pushed through in the context of increasing Children charity who started making force the ability of government to public the situation facing refugees on protect itself — in secret — from the anti-China xenophobia in the media and parliament. They also follow calls Nauru and the rising number of self- consequences of its own sometimes harm incidents, because the existing illegal acts.” by various US politicians and military leaders visiting Australia demanding laws weren’t sufficiently all encom-

8 The Whistle, #96, October 2018 passing. This was one of the drivers have been asked to toe the line and wrongdoing, Human Rights Watch behind the new measures. The gov- they’ve done so. There’s also self- said today. The Magistrates Court in ernment speaks about upgrading the censorship by journalists who are the Australian Capital Territory is laws but what they really mean is intimidated. scheduled to hold a hearing setting out making it illegal to expose what is RP: The ABC here in Australia has next steps in the case against barrister going on. played a particularly dishonourable Bernard Collaery and “Witness K” on Now, if charity workers or others role in all this. July 25, 2018. reveal what’s going on in the detention CK: Yes that’s true, but the ABC is centres they can be prosecuted under not a monoculture. There are plenty of criminal law and jailed. The most people in there who have explained chilling thing is that people working in what Assange is doing and justified it. these areas will have to fall into line. I think it comes back to money and Revelations about these issues will power as the root cause of this. now become a very unusual occur- I like to think that we are reaching a rence. The government is creating a position where there’s a critical mass deeply intimidatory atmosphere. of people who are deeply unhappy RP: Could you speak about how the with the fruits of neo-liberalism over news laws would impact on Julian the last 40 to 50 years and know that Assange and WikiLeaks? markets don’t have all the answers or CK: Assange faces a similar situa- do things best. It’s a question of get- tion to the young Australian David ting that discussion going politically so Hicks, who was captured in Afghani- that governments of both persuasions stan and sent to Guantanamo Bay. He feel pushed by the need to stay in was eventually forced to admit to power and do something different. something that he didn’t do just to get RP: There’s certainly a shift in out of Guantanamo Bay. He has since political consciousness but that’s why been exonerated. the “foreign interference” laws have RP: Why do you think Assange has been imposed. These measures are in been ferociously attacked by journal- preparation for war and to suppress Bernard Collaery ists and media outlets that previously mass anti-war opposition. defended him? CK: That’s right. The laws are there Collaery and Witness K were involved CK: What Assange does is so for a particular purpose and it’s about in legal disputes between the govern- threatening to power because he just controlling the public space and at- ments of Australia and Timor-Leste takes information and puts it out there. tempting to intimidate the population. concerning entitlements to revenue The hypocritical thing in all the attacks Our organisation, however, will from oil and gas fields in the Timor on Assange is that the US and other continue to campaign for whistleblow- Sea. The two men are charged under governments are not going after the ers’ rights. Those who decide to section 39 of the Intelligence Services Washington Post, the Guardian, the become whistleblowers will, of course, Act with conspiracy to communicate New York Times, Der Spiegel and continue to be slandered and smeared information from the Australian Secret other media outlets who republished by governments and businesses, who Intelligence Service. Charges under material from WikiLeaks. The double don’t want to be exposed. But in that section, punishable by up to two standards are horrific. today’s world it has become more and years in prison, can only be brought by more urgent for them to be protected. prosecutors with the consent of the Society is literally screaming out for attorney-general. more openness and accountability in “Officials like Witness K who all sectors. expose government misconduct play

an important role in holding the authorities to account and need to be Australia: don’t protected, not prosecuted,” said Elaine Pearson, Australia director at Human prosecute for exposure Rights Watch. “Instead, years after the of misconduct events took place, the Australian Whistleblowing former spy, government is pursuing a secretive lawyer face hearing for Kafkaesque prosecution of the former

revealing bugging operation spy and his lawyer.” Most of the big media giants are Human Rights Watch press release The Timor-Leste government filed private and their primary concern is to 24 July 2018 documents with the International Court make money, so there’s probably an of Justice in The Hague in 2014 stating accommodation between them and AUSTRALIAN AUTHORITIES should not that in 2004, “Australia covertly spied governments. The big corporate giants prosecute a former Australian spy and on the Timor-Leste negotiating team his lawyer for exposing government by means of listening devices surrepti-

The Whistle, #96, October 2018 9 tiously and unlawfully placed by for a strong public-interest defense Australian personnel in the Timor- across all offenses, though government Leste government offices. This ena- officials have said that the attorney- bled the Australian negotiating team to general would have discretion about become aware of the private discus- whether to prosecute the offenses. sions of the Timor-Leste negotiating Whistleblowers, and those like Wit- team and of its position in relation to ness K who reveal government various issues arising in connection misconduct through the system, need with the 2002 Treaty and the attempt protection from retaliation for disclo- Here is a list of some of the “whistle- to amend it by the drafting of the 2006 sures that are made in the public blowers” who lost their lives fighting Treaty.” The Australian government interest, Human Rights Watch said against illegal and corrupt systems. has not confirmed or denied the If the court case proceeds, it should allegations. do so in open court, rather than in Manjunath Shanmugam (1978– secret, Human Rights Watch said. 2005) Information at court hearings should He did his engineering in Computer not be kept from the public unless Science Engineering from Sri disclosing it is likely to harm a Jayachamarajendra College of Engi- legitimate national security interest, neering, Mysore and MBA from Indian and the harm from disclosure out- Institute of Management, Lucknow. weighs the public interest in knowing While working in Indian Oil Corpora- the information. tion Limited, he sealed two petrol There is a strong public interest in pumps in Lakhimpur Kheri, Uttar knowing the reasons for these prose- Pradesh for three months for selling

cutions in connection with the defend- adulterated fuel. When the pump started operating again, he conducted a Witness K, who was part of the ants’ attempts to expose wrongdoing by the Australian government. Open surprise raid after a month. Australian bugging team, complained to Australia’s inspector-general of court proceedings are vital to public intelligence about the legality of the confidence in the criminal justice operation in 2007 and subsequently, system. Suppression orders should not with the inspector-general’s approval, be used to protect governments from sought legal advice from Collaery. criticism or embarrassment. Collaery was a legal advisor to the “The attorney general should not be Timorese government. bringing a case against Witness K and In December 2013, when the case his lawyer for reporting on wrongful was going to be heard at the Interna- practices by the government,” Pearson tional Court of Justice, Australian said. “This case combined with Security Intelligence Organization sweeping new laws criminalizing agents raided Witness K’s home and unauthorized disclosures could have a Collaery’s office, seizing documents chilling effect on officials who see and data. They cancelled Witness K’s government corruption or wrongdoing passport, preventing him from travel- and want to do something about it.” ing to the Hague, where he was due to give evidence. Timor-Leste then initi- On November 19, 2005, he was shot ated proceedings against Australia Indian whistleblowers with six bullets and his dead body was regarding the seizure of documents, found in the back seat of his car. There data, and other property that it said who lost their lives was a huge outcry in the media. His belonged to Timor-Leste or that Matua Mallik family was paid 26 lakhs INR as Timor-Leste had the right to protect Quora, 29 January 2018, answer to compensation. under international law. “What shocking things do most A biopic directed by Sandeep Details of the charges against the Indians not know?” Varma on Manjunath, titled two men were only made public on Manjunath, was released on May 9, June 28, 2017, when a member of INDIA IS THE BIGGEST DEMOCRACY in 2014. parliament, Andrew Wilkie, used the world and some of the biggest parliamentary privilege to disclose the organizations are managed by Satyendra Dubey (1973–2003) prosecution. That same day, parliament Government officials. In India, often He graduated as a civil engineer in the passed new espionage and national law is used to take advantage of a year 1994 from the Indian Institute of security laws that increase the penal- group of people. There are a few brave Technology, Kanpur. After M. Tech. ties for unauthorized disclosures of individuals among us who took a stand from what is now the Indian Institute information with a very broad defini- against corruption. of Technology, Banaras Hindu Univer- tion of “national security.” sity, he joined the Indian Engineering w The la passed without provisions

10 The Whistle, #96, October 2018

Service (IES) and in July, 2002, went Narendra Kumar (1979–2012) was strangled and his face was on a deputation to the National He was an Indian Police Service (IPS) smashed and deformed beyond recog- Highway Authority of India (NHAI). officer and an alumnus of Aligarh nition. The National RTI Forum started He became the Project Director at Muslim University. He joined as an a Lalit Mehta RTI Gallantry Award in Koderma, Jharkhand and was respon- IPS officer in 2009, and was posted to his honor. sible for managing a section of NH-2 Morena, Madhya Pradesh in early (GT Road). After exposing serious 2012. The Morena district is famous This list is a compilation of only a financial irregularities, he got the for the fine quality of sand found in the fraction of whistleblowers in India. In contractor of the project to suspend Chambal River bed which is used in past years, many whistleblowers have three of his engineers. He had the construction of buildings, and, in past allegedly been harassed and jailed for contractor rebuild six kilometers of years, there have been reports of exposing corrupt activities, while under-quality road, a huge loss for the rampant illegal mining. many gave away their lives for doing road contract mafia. the right thing. On 27 November 2003, Dubey didn’t reach home after returning from a wedding in Varanasi. His driver went to look for him and found his dead New Zealand scientist body, which had been shot. He had forced out been facing several threats following Charlie Mitchell his action against corruption at Stuff, https://www.stuff.co.nz/ Koderma, according to the police’s 13 July 2018 FIR [First Information Report] after his murder.

Satish Shetty (1970–2010) He was a social activist. He used the Right to Information (RTI) Act to expose irregularities in Government offices and large land scams involving the leading real estate firm IRB Infra- structure and its subsidiary Aryan. He A photo showing an irrigation pipeline, part of which is on conservation land filed a complaint that large swathes of On March 8, 2012, he received infor- with significant values, sent by a DOC land had been acquired by the firms mation about illegally mined stones scientist that led to his suspension. using forged documents. After investi- being carried in a tractor. After he tried gation, 90 sale deeds were cancelled. to stop it, he was run over by the A FEW MONTHS AGO, I was sent photos He started getting threat calls after this tractor. of a massive pipeline being built by a episode. pristine, blue lake. Lalit Mehta (1972–2008) It was an image of environmental He was an RTI activist and a promi- devastation — a digger tearing a long nent member of The Right to Food trench, nearly 50m wide in places, in a Campaign, working in the Vikas sensitive landscape. It was so long it Sahyog Kendra in Palamau District, disappeared into the horizon line, near Jharkhand. He exposed scams in the the breathtakingly blue Lake Pukaki. National Rural Employment Guarantee It was shocking, but not a surprise. Act (NREGA) using his Right to The existence of the pipeline had been Information. widely reported, and I had been contacted by several people asking me to look into what was happening with that massive scar in the fragile Mackenzie Basin. It was certainly no secret. It was particularly newsworthy

because the pipeline was partly on On January 13, 2010, while reading a conservation land with high natural paper after his morning walk, he was values. The pipeline would enable the knifed by several people. In his honor, irrigation of a massive and deeply the National RTI Forum has named an controversial dairy farm, planning to award as Satish Shetty RTI Gallantry put thousands of cows and up to a award. dozen pivot irrigators on the dramatic On May 14, 2008, he was travelling back to Chatarpur on his motor bike landscape by the lake. when he was attacked and killed. He

The Whistle, #96, October 2018 11 It was an extraordinary example of tion. While its minister talked about environmental compromise, bringing the need to save our precious wetlands, together many issues: A sensitive piece it was signing off on the destruction of of land, which had just been privatised one. through the tenure review process, Nearly a decade ago, Niwa would become a dairy farm that even (National Institute of Water and At- Fonterra doesn’t like. Tenure review mospheric Research) sacked its chief had placed some of the land into the Eugenie Sage, the conservation scientist, Dr Jim Salinger, for speaking conservation estate, which the pipeline minister, wants DOC to return to an to the media. Among his stated crimes would run through, because it had been advocacy role. Photo: Martin de was contributing to a TV broadcast approved before it became conserva- Ruyter/Stuff about glaciers, his area of expertise, tion land. This had all been signed off without telling Niwa first, and ringing by various authorities, and had become That’s it. weatherman Jim Hickey to tell him the a flashpoint for the mismanagement of The leading expert on one of our Greymouth River was in flood. the Mackenzie. greatest environmental challenges — Niwa was rightfully excoriated for I had received the photos from an the protection of the unique landscape firing Salinger, one of the country’s environmental organisation, which — of the Mackenzie Basin — is gone, most esteemed scientists, for the like most New Zealanders should be because he sent photos of an environ- mortal sin of communicating with the — was deeply concerned about what mental issue happening on conserva- public about seriousr issues fo which was happening, and the role of several tion land that was publicly known, had he is an expert. public agencies in enabling it. (The been widely reported, and was visible Since then, Niwa — at least in my Department of Conservation (DOC), to to anyone who had flown over the experience — has been a model for its credit, opposed the easement for the basin. communicating science with the pipeline). As an added insult, DOC released public, and regularly makes its experts its own photos of the pipeline, almost available to the media. We are all the identical to those taken by Head. better for it. When the Labour-led Government The hounding of Nick Head by took power, DOC’s new minister, DOC deserves the same contempt. In a Eugenie Sage, said she wanted the time where scientists are more im- agency to return to its advocacy role. portant than ever, DOC has chosen to This is hardly controversial: advocacy punish an expert who raised awareness is listed as one of DOC’s functions about an environmental issue, fla- The dry landscape of the Mackenzie under the legislation enabling its grantly defying the stated intent of its Basin. Photo: John Bisset/Stuff existence, and something it had con- minister that the department advocate spicuously stopped doing under the for the environment. As reported by Newsroom, it turned last Government. New Zealand has an unfortunate out the photos had been taken by Nick There was the time it discarded a history of silencing scientists. After the Head, a DOC scientist who will be lengthy and critical draft submission Canterbury earthquakes, journalists familiar to anyone who follows envi- on the Ruataniwha dam for a neutral struggled to get information from sci- ronmental issues in the Mackenzie. He one just two paragraphs long; There entists eager to help due to authorities is an expert on the region’s flora, and was the time it filed a neutral submis- controlling the flow of information. knows more about the topic than just sion on a coal mine its experts said Freshwater ecologist Dr Mike Joy about anyone. On behalf of DOC, he would lead to unavoidable and sub- faced disciplinary proceedings from has submitted on local plans and court stantial damage to significant conser- his employer after it received a com- hearings about the loss of biodiversity vation values. plaint from the EPA’s chief executive in the Mackenzie, highlighting the Recently, it approved a skifield’s about Joy’s criticism of the EPA’s fragile state of what remains. Much of expansion into a rare and protected chief scientist. the vital environmental work being wetland, despite advice from its By providing the pipeline photos done there is thanks to his depth of technical advisor that doing so would without permission, Head may have knowledge. destroy it. broken an internal policy, but there Head has since left DOC — he was This disregard for the department’s should be no such policy. Scientists suspended, and quit two and a half own experts was not acceptable under from public organisations should be months later. He is now making a the last Government, but is even less encouraged to talk about and advocate personal grievance claim against DOC. so under the current one, which has for the issues in which they are His apparent crime was sending made its intentions clear. experts. those photos to the environmental While its minister was publicly Head had raised these issues inter- groups which DOC had worked along- calling for a return to its advocacy role, nally. In an email to his bosses, he said side regarding conservation work in the department suspended one of its the pipeline route had been “com- the Mackenzie. scientists who, in desperation for the pletely bulldozed” and had caused environment, committed what could “maximum destruction.” He went generously be called a minor infrac- through official channels. In that

12 The Whistle, #96, October 2018 context, sending those photos was an ethical society, and acknowledges that This Trump act of desperation. That is indictment to expose society’s deepest issues, enough of the culture at DOC. leakers and whistleblowers require administration I have just completed a series about secure and effective ways to sound the whistleblower has some the country’s biodiversity crisis, as alarm: seen through an algorithm developed “I will go to jail to protect a advice for young scientists by DOC to prioritise species and source’s identity. Security is our Katie Langin ecosystems for saving. It is a stark paramount concern. The goal is for our Science, 30 July 2018 example of the problem; we are so combined efforts to expose corruption incapable of undoing the damage to have a positive impact while pro- ONE YEAR AGO, Joel Clement — then a we’ve done, we’re looking to mathe- tecting the identities of highly-placed senior scientist at the U.S. Department matics to salvage what we can. informants. Project Veritas will not of the Interior in Washington, D.C. — It is also a triumph. It shows the only welcome whistleblowers bringing wrote in The Washington Post: “I am a value of scientific expertise, and how truth to the masses, but will use secure scientist, a policy expert, a civil incredibly smart people can solve means to maintain confidentiality. servant and a worried citizen. Reluc- monumental problems for collective Along with our undercover journalists, tantly, as of today, I am also a whistle- benefit. these individuals who exhibit moral blower on an administration that By ousting one of its experts, DOC courage take great risks for the wellbe- chooses silence over science.” has showed no regard for its minister, ing of our country are our absolute And with that, Clement went public the public who rely on those experts, highest operational priority.” about his ongoing feud with President and even its founding legislation, Project Veritas offers insiders a Donald Trump’s administration, al- which mandates DOC to “encourage specific promise: to shield their iden- leging that Trump appointees had and participate in educational and tity and maintain anonymity while retaliated against him and transferred publicity activities for the purposes of exposing the greatest threats facing the him to an inappropriate position bringing about a better understanding United States. because of his work on climate change of nature conservation in New policy. He filed an official complaint Zealand.” with the U.S. Office of Special One of the greatest conservation Counsel — a complaint that, a year issues for the new Government is later, is still being investigated. And in figuring out how to protect the October 2017, he resigned from his Mackenzie Basin. A likely method is position entirely. by establishing a drylands park, a ScienceInsider caught up with concept Sage has expressed support for Clement last week here at the North and intended to pursue as policy. American Congress for Conservation It will go ahead without the person Biology, where he received an award who came up with the idea in the first for his work on climate change and his “courage in upholding the highest place — he made the mistake of advocating for the environment such a standards of scientific integrity in park would protect. The program includes the establish- government service.” This interview ment of an experienced and dedicated has been edited for clarity and brevity. Q: For readers who aren’t familiar team that directly works with insiders that contact Project Veritas in order to with your story, can you take us back Veritas Leaks securely transfer information and safe- to what led to your op-ed in The A new platform welcoming guard identities. This team will moni- Washington Post and eventual resig- whistleblowers that offers tor incoming communications on a nation? anonymity, collaboration, variety of encrypted messaging appli- A: I was the director of the Office and impact cations. of Policy Analysis at the Department Press release, 16 August 2018 To begin working with Project of the Interior, and in that role was the Veritas, people providing valuable climate change lead for the agency. PROJECT VERITAS is scaling up their news tips are encouraged to visit I spent most of my time on the program geared towards protecting, http://www.projectveritas.com/tips and impacts of climate change on Alaska recruiting, and working with sources, inquire further via their preferred Native villages in the Arctic and the called Veritas Leaks. All confidential communication channel. implications for these people for sources are welcome to take advantage The creative content for the ad buys getting them out of harms way. These of the program. Project Veritas is will consist of dozens of various data- villages are perched on melting perma- hoping to hear from insiders in the driven micro-targeted still advertise- frost on a coastline that is no longer Deep State, Big Tech, and major media ments across a wide range of internet protected by sea ice most of the year, outlets. platforms, as well as two thirty-second and every fall we cross our fingers that Project Veritas founder and Presi- video ads. a big storm doesn’t wipe one of them dent James O’Keefe is committed to off the map. promoting a more transparent and

The Whistle, #96, October 2018 13 I went from that job to being reas- current circumstances, can be more The truth about signed to the office that collects influential and effective in these roles. royalty checks from the oil and gas So it’s worked out. telling the truth industry. The political appointees were Q: What’s your advice for other Lachlan Colquhoun sending a very clear signal they wanted potential whistleblowers? In the Black, July 2018, pp. 22–27 me to quit. And it was inappropriate A: You should say something if and it was retaliation. They also reas- you’re being asked to do something signed a very disproportionate number that goes against your values or the of American Indians at the same time. mission of the agency, or if it’s an So there was discrimination and retali- issue that’s important to the health and ation; they checked all the boxes for safety of Americans. But before you bad management. do anything, get to know your rights and protections and what could happen to you. You have to figure out where you While workplace policies encourage draw the line between keeping your anonymous whistleblowing, Australia’s head down and raising your hand. That Corporations Act protects only whistleblowers who are willing to line is different with every issue and identify themselves. every individual. Illustration: Adam Nickel. I understand why people don’t do it. They have families to support, mort- AS MANY corporate whistleblowers gages, health insurance, and so on. have discovered, doing the right thing They may also view their particular isn’t always rewarded. Instead, telling issue as not being a big enough deal. the truth can be followed by retribution But one thing I’ve learned from and career ruin. How do we make it working with journalists is there are a safe to speak up? lot more stories out there than people Joel Clement was the top climate policy For most people who become think, and they’re more interesting to expert at the U.S. Department of the whistleblowers, it is a life-changing Interior before he was reassigned to a people than you would guess. So I experience. In Wendy Addison’s case, post collecting royalty checks from the always encourage people to talk, but this meant going from her dream job as oil and gas industry. JA-REI WANG/UNION I’m a rabble-rouser. CFO of a listed company in her native OF CONCERNED SCIENTISTS Q: How do you see the federal sci- South Africa to homeless and begging

entific workforce changing going on the streets of London. “I was unem- Q: What was the hardest part about forward? ployed for 11 years and I was psycho- transitioning away from civil service? A: A lot of people are leaving logically broken,” she says. “My only A: It was difficult to leave because federal service now because of the focus was on survival.” working in the federal government current administration. I hope when exceeded all of my expectations in this is all over we’ll be able to bring terms of access and impact. You can’t back the scientists and policy experts do a lot of those things from outside and get back to the business of serving government. You can throw ideas over America’s needs instead of industry, the castle walls, but until you’re inside which is what it’s become. you don’t know how those ideas take. Right now nearly 50% of the federal In my case, they’d already taken the workforce is approaching or already in job I was there to do and all I had left retirement age. So there is a huge was my voice. It became clear that if I opportunity coming up to transform was going to be effective any longer it public service and the science enter- had to be outside the agency. So I have prise. Early- or mid-career scientists Wendy Addison no regrets about leaving. could jump in and really bring new Q: What are you doing now? energy. So I tell people: Do some time From this low point, Addison A: Since January, I’ve been a senior in federal service. It’s gratifying and embarked on a path of research in fellow at the Union of Concerned maybe that will help restore the dam- social science and neuroscience, ulti- Scientists in Cambridge, Massachu- age that’s been done to silence experts. mately forming a consultancy called setts, working on scientific integrity. Americans in general appreciate the SpeakOut SpeakUp, which not only The Harvard Kennedy School recently role of science. So after this admin- addresses whistleblowing, but seeks to spun up an Arctic initiative, so they istration, I would expect that we’d get change organisational behaviour so brought me on a senior fellow with back to science-driven policymaking. that whistleblowing is no longer nec- that as well. essary. I’ve essentially taken my portfolio “Now, my life is woven with such into these other arenas. I’m able to richness, in terms of the people I meet continue my work and, under the all over the world,” Addison says.

14 The Whistle, #96, October 2018

“When I contrast that with the corpo- I pulled that trigger I could destroy the where using a password and a case rate ambitions I had when I was in my life of a family and a guy who had identification number. 30s, I can only celebrate where I have been at Leighton for 30 years and was “It creates one single source for the got to.” six months from retirement.” reporting of misconduct and wrong- Michael Woodford’s three-decade Although he was promoted at doing,” Mansotte says. “Some clients career in the UK for Japanese camera Leighton, Mansotte left in 2015 to have said they get four times as many manufacturer Olympus culminated in develop an online solution that has reports using Whispli, so it’s definitely his appointment as the company’s first developed into Whispli, a secure and helping people come forward.” non-Japanese chief executive in 2011. anonymous two-way communication After its adoption by hundreds of Only months later, he was dismissed in solution used not just for corporate organisations around the world, such a dramatic boardroom showdown after whistleblowing, but for reporting as Coca-Cola, Qantas, and Oxfam, blowing the whistle on a £1 billion sexual harassment and bullying in Mansotte is leaving Australia for fraud linked to the Japanese yakuza schools and universities. Boston [in the US] this year to (organised crime syndicate). It is a product that came directly continue to drive his business; one that It was Woodford’s last corporate from Mansotte’s own whistleblowing he would never have had but for his role; now he devotes his time to experience. He was initially reluctant whistleblowing experience. philanthropy and a road safety charity to approach any of his colleagues, and “It’s been a massive turnaround in in Asia. did not feel confident speaking to the my life but it’s been a good one,” “I thought I was going to be assassi- third-party organisation appointed by Mansotte says. “I’m one of the lucky nated,” Woodford says. “It completely the company because it would com- ones.” changed my world and I have no promise the anonymity he felt neces- stomach for corporate life now. I am a sary. lone wolf who has been thrown out of His French accent, he believed, was the pack and I don’t want to go back.” a giveaway and would have the unwel- Woodford also “bangs the drum” come consequence of identifying him. for better corporate behaviour and “I was blaming myself for uncovering consults to major corporates around something,” Mansotte says. “Do you the world, in addition to a role as go to a third party who knows nothing patron with European whistleblowing about you, and who is potentially charity Public Concern at Work. going to go back to your organisation and tell them? How much has changed? “My fear was that the company Supporting whistleblowers Despite legislative progress in the UK would come back to me and say, ‘You Those three whistleblowing cases all through the Public Interest Disclosure went to that third party and that was go back years, and in the duration there Act 1998, Woodford is still cynical wrong for you to talk about. Wrong! have been significant legislative and about the corporate world’s embrace of Here’s the door, see you later’.” cultural shifts. In Australia and New whistleblowing. Zealand, the first wide-ranging “If you are a high-paid director of a national research into whistleblowing listed company, it is in your self- — called “Whistling While They interest as much as anything to do the Work” — drew responses from 702 right thing,” he says. “You want your public, private sector and not-for-profit systems to be robust, so your company organisations. doesn’t commit acts where you can be The study, completed by Griffith held responsible for malfeasance. Who University, Australian National Uni- wants that?” versity, University of Sydney and Closer to home, Sylvain Mansotte supported by 22 regulatory and profes- discovered a long-running fraud in the sional organisations, including CPA procurement area of construction giant Australia, found that while 90 per cent Leighton Holdings only weeks after he of organisations have mechanisms to joined in 2013. respond to anonymous whistleblowing, Mansotte uncovered a A$20 million only 16 per cent had any policy for fake invoicing fraud, and his whistle- Sylvain Mansotte ensuring adequate compensation for blowing resulted in a 15-year jail whistleblowers. sentence for former finance manager A safer way to blow the whistle This is a major issue, given many Damian O’Carrigan, who had used the Users of Whispli can communicate whistleblowers experience reprisals proceeds to fund an extravagant life- anonymously and continuously with and career disruption as a result of style of overseas holidays, racehorses either designated areas in the organi- bringing wrongdoing to light, and then and mistresses. sation or with third parties. After initial have to fight their case before the Fair “My entire world turned upside contact, they can answer questions and Work Commission. The research also down,” Mansotte says. “I was the guy provide more details and progress the highlighted a disconnect between the with the gun in his hand, and I knew if issue, accessing Whispli from any- workplace and the law.

The Whistle, #96, October 2018 15 While workplace policies encourage “I see that we are in an unprece- and [other] Commonwealth countries, anonymous whistleblowing, Austral- dented moment with whistleblowing the idea is that you should blow the ia’s Corporations Act protects only right now,” Inman says. “You look at whistle because it’s the right thing to whistleblowers who are willing to the #MeToo movement on sexual har- do, not because you need a financial identify themselves. assment, and the grassroots movement incentive. of young activists against gun laws in “However, I think people under- How Australian law compares the US, and I see whistleblowing in stand the reward is there less as a The issue of anonymity is a critical one that context.” bounty and more as a safety net for many whistleblowers, and it is now because of the repercussions that addressed in new Australian legisla- whistleblowers can suffer, such as tion, the Treasury Laws Amendment being ‘blackballed’ or jeopardising (Whistleblowers) Bill, which aims to their career.” create a single whistleblower protec- Most American whistleblowers try tion regime in the Corporations Act. to fix the issue from within their The Australian whistleblowing legis- organisation before going straight to lation follows the model of the UK and the regulator, suggesting that the other Commonwealth countries, such legislation is working as intended. “If as Canada. It is very different from the Inman recently moved to London to people are so anxious to get the money US where there are two pieces of head up her firm’s international whis- they will skip and bypass internal legislation: the False Claims Act that tleblower practice because the US laws reporting, but the data shows that covers government contracts and was are also accessible to citizens of other fewer than 3 per cent of people do introduced to stop fraud against the countries with information about US- that,” Inman says. “Only when they are Union Army during the Civil War, and listed companies. The SEC whistle- rebuffed by their employer do they more recent corporate legislation under blower program receives around 4000 then go ahead with the whistleblower the 2010 Dodd-Frank reforms, which submissions a year, including a sig- program.” followed the global financial crisis nificant percentage from outside the (GFC). US, notably from the UK, Canada and The morality of receiving money In the US, a cornerstone of the later Australia. legislation is a compensation scheme “I feel that the SEC is, in my esti- where whistleblowers are awarded a mation, the best whistleblower percentage of any fines imposed by the program and it’s the model that other courts, usually set at between 10 and programs should be aspiring to,” 30 per cent. Inman says. “That is because it has the Under this legislation, administered trifecta of protections. It has incen- by the Office of the Whistleblower tives, anonymity and it has protection operating under the Securities and Ex- against retaliation. Right now, it is the pinnacle.” change Commission (SEC), US$252 Illustration: Adam Nickel. Inman says the SEC has also been million has been paid out to 53 “incredibly aggressive” in pursuing the whistleblowers in the last seven years. Woodford, however, does not agree legislation, and penalising companies Whistleblowers can also remain anon- with a compensation system, believing that have been trying to “chill” ymous and, according to US lawyer it “undermines the morality of the whistleblowers from coming forward. Mary Inman, there are several exam- whistleblower model. … I don’t think Some employers, she says, will write ples where a whistleblower has anon- that it is right to become a lottery clauses into severance agreements so ymously reported his or her employer, winner for being a whistleblower — it that if people leave the organisation, been awarded compensation, and is is distasteful and disproportionate and they give up their right to a whistle- still working in the organisation. gives whistleblowing a bad name,” he blowing reward. Many of these em- insists. ployers have been fined by the SEC for The #METOO movement “I think that whistleblowers should trying to “work around the program.” Inman is a partner in US law firm be protected and there should be a

Constantine Cannon, and has been process of compensation if they have Rewarding those who speak up representing whistleblowers for more been wronged or damaged, but the law Inman recognises that the major differ- than 20 years. In March 2018, Con- should look at each case as it stands.” ence between US whistleblower laws stantine Cannon announced that two of Mansotte is also against a US-style and those in other countries, such as its clients would receive more than compensation system, arguing that it Australia, is the issue of compensation, US$1.13 million for information they would do “a lot of damage” to the but she believes the international tide provided to the US Government in its image of whistleblowers. is turning towards the US model. criminal case against Takata, the now “It is sending the wrong message to “I know that Americans are seen as bankrupt maker of defective car everybody that, yes, you can retire litigious and mercenary, and the fear is airbags that caused the deaths of 22 early and win the lottery,” he says. that you incentivise people for the people. “The danger is that people will just wrong reasons,” she says. “In Australia

16 The Whistle, #96, October 2018 sniff around to find a rat they can horrendous,” Addison says. “I ended Protection is extended to former expose and then retire.” up squatting and begging on the officers, employees and suppliers, as streets, with my 12-year-old son.” well as associates of the entity and family members of employees. Bouncing back Public companies and large private After reinventing her career with her companies are required to have a SpeakOut SpeakUp consultancy, Ad- whistleblower policy or face a finan- dison has a different perspective on cial fine. whistleblowing and what advocacy can Disclosures can be anonymous and achieve. “The world has shifted in the immunities can be extended to whis- last 12 to 18 months, and I see whis- tleblowers. “I’ll retire after turning in this one.” tleblowers in South Africa speaking Fines of up to A$1 million can be out on social media, which is incredi- imposed on corporations and up to For another side of the argument, look bly brave,” she says. “Now it is about A$200,000 on individuals who breach no further than Addison’s story, which empowering people to have coura- a whistleblower’s anonymity or who is an example of how financial ruin geous conversations, and to speak up threaten or victimise a whistleblower. and the loss of a career besets many before things start moving down that Whistleblowers will be able to make whistleblowers. Addison blew the slippery slope. protected disclosures to journalists and whistle on her employer, Leisurenet, in “Whistleblowers are outliers, and I politicians if they have already made a 2000 after tipping off authorities to an understand why they have been treated disclosure to a “whistleblower dis- elaborate fraud perpetrated by the the way they have been, but we now closee” (which might be ASIC, APRA, company’s two founders and joint are finding another way which the AFP, the ATO, or someone in the chief executives. educates people that while loyalty to organisation authorised to receive dis- Although the investigation began the company is a good value to have, closures, such as an auditor, actuary, swiftly and prompted the collapse of sometimes in certain contexts you have director, or senior manager) and if the company, it wasn’t until 2007 that to put fairness above it.” there is a risk of serious harm if the perpetrators were sentenced, and Addison started work at the com- information is not acted on immedi- they only went to jail in 2011. Mean- pany which became Leisurenet in ately. To qualify for protection under while, in 2001 Addison fled South 1993, and soon observed “small ethical this provision, however, they will first Africa in fear for her life and obtained lapses” that over time evolved into have to inform a (relevant) regulator or a job as treasurer at the Virgin Group illegality. enforcement body. in London. “I spoke out in 2000, but by then it Whistleblowers will have the right Her past followed her, however, as was far too late,” she says. “By that to seek compensation for reprisals. Virgin entered into negotiations with time the misconduct had been en- Courts will be required to preserve and Leisurenet to buy its assets. In the trenched as business-as-normal, and it protect a whistleblower’s identity, midst of this process Addison was is difficult to blow the whistle on unless it is in the interest of justice to fired, without explanation, six months something that is the norm.” do otherwise. into her new UK-based job. Tougher legislation, she says, is “I was marched off the premises only one part of the required response. What should a whistleblower policy like a criminal, and had no rights to The ideal is one where employees feel include? challenge this under UK laws,” she able to speak up to organisations For whistleblowing to be effective in says. “The Leisurenet enquiry had just which, in turn, listen and take action ending wrongdoing and protecting the got going in South Africa when Virgin before aberrant behaviour escalates, whistleblower, it has to be viewed not was negotiating, so I was collateral without retribution and “shooting the as betrayal or disloyalty to an organi- damage to the negotiations because messenger”. sation, but as a service to society. Virgin wanted to do business with the In that world, whistleblowers won’t Here are four points any organisa- two people I had blown the whistle need their #MeToo moment, but we’re tion should consider when creating or on.” not there yet. revising a whistleblower policy. Finding another job in finance in the UK proved impossible as recruiters New laws for Australia Organisational responsibility became wary of putting her name The Australian Treasury Laws Organisations should have robust in- forward because she had been let go by Amendment (Whistleblowers) Bill ternal whistleblowing processes, Virgin after only six months. One told came into effect on 1 July 2018. It was involving third parties retained specifi- her that he had googled her and seen introduced into Federal Parliament in cally for this purpose. Employees must that she had been treasurer of a December 2017 with the aim of creat- feel that they can come forward and company that was in liquidation, ing a single protection regime, and it report any suspected wrongdoing “which didn’t look so good.” updates Australia’s first whistleblower without fear of retribution or retalia- Another said that his recruitment legislation, under the Corporations tion. If the organisation is unrespon- firm did not want to compromise its Act, which dates back to 2004. sive or the process is unsatisfactory, relationships with clients by putting Under the new legislation: whistleblowers must then have a clear her forward. “The outcome for me was

The Whistle, #96, October 2018 17 channel for reporting wrongdoing to everyone — the very writer of the Spark the reader’s attention regulators or law enforcement. piece, even — to know exactly what Your opening sentence will be vital for you think about this. With a crack of the success of your letter: it should Anonymity your neck and a squeeze of your immediately inform readers what The US system allows for anonymous knuckles, you have arrived: it’s Letter you’re writing about, and entice them reporting, as does the new Australian to the Editor time. to keep reading. legislation. Many potential whistle- If you are writing in direct response blowers remain silent for fear of being What is a Letter to the Editor? to a previously published article, cite identified. The Whispli solution allows Since the mid-18th century, Letters to its date and title in the first sentence. If for anonymous two-way communica- the Editor have been key conduits for not, introduce your argument clearly, tion between whistleblowers and social and political discourse, ensuring and go from there. investigators. topics close to the hearts of communi- ties remain in the public eye. And even Following the opening, the structure of Whistleblower protection today, in our increasingly digital age, your letter should go something like Many whistleblowers have lost their newspapers and magazines continue to this: jobs and careers because of speaking publish letters written by their readers 1. Give a persuasive explanation of out. Anonymity is one protection, but to stimulate discussion and represent why the issue is important. in cases where the whistleblower is an array of public opinion. 2. Provide reputable evidence to identified, they must be guaranteed Due to their brief and direct nature, substantiate claims. freedom from retribution and punish- Letters to the Editor remain amongst 3. State your opinion about what ment. In some jurisdictions, the onus is the most-read sections of newspapers should be done/possible remedies to on the whistleblower to pursue justice and magazines — online and in print. the issue. through labour laws. This is not best This means that whatever you write — 4. Sign off with your name and contact practice. should it be published — will be read details (these won’t be published, but by a large number of people with a the paper may use this for follow up or Compensation variety of perspectives: neighbours, verification). This is the most controversial issue in MPs, and mayors alike. whistleblowing. In the US under the Dodd-Frank Wall Street Reform and Consumer Protection Act, whistle- blowers receive a reward of up to 30 per cent of fines levied. While propo- nents of the US approach claim it is world’s best practice, other jurisdic- tions such as Australia have yet to go down the same path of compensation formulas. And that’s it! You’ve written a Letter Why should you write? to the Editor! To make sure it’s worthy Whether responding directly to a of publishing, however, keep in mind Writing a letter to specific article or simply sharing your these quick tips. the editor: a guide own thoughts, a Letter to the Editor • Make it short and sweet. Climate Council can be a powerful tool for sparking • Make it timely and relevant. 23 July 2018 conversation and can help keep the • Make it personal, but don’t attack Share Tweet Share Email Share topics that impassion you in the public the editor, newspaper or journalists. SO YOU’VE SAT DOWN with your eye. • Edit and proof. Sunday morning coffee and pancake So you know what it is and why you • Follow newspaper guidelines. stack, settling in for a long relaxing should write one. The pen you pulled morning reading the paper. But before out to do the cryptic crossword with is Don’t give up! Newspapers and you’ve even managed to take a bite, a now clenched between tense fingers: magazines receive a huge number of headline jumps out at you. As much as you’re passionate, you’re compelled, letters — far more than they have you try to take a deep breath, let it go, and you’re ready — but wait: how do room for, so don’t be disheartened if and enjoy the syrupy goodness of your you actually go about writing it? you don’t see yours published straight breakfast, you find that you just can’t. away. Keep writing, because dedica- This one silly article is really grinding How do you write it? tion and persistence pay off. your gears. Sure, you could send a Open with a greeting message to your group text and spend Something as simple as “To The [This is an abridged version of the full the next 45 minutes typing various Editor” will do; however if you know article, which contains examples, strings of words, curses, and emojis to the editor’s name, use it — this may available at http://bit.ly/2QmtM0H.] your friends while your coffee goes increase the possibility of your letter cold. But it’s more than that. You want being read and published.

18 The Whistle, #96, October 2018

Conference and annual general meeting

Conference Saturday 17 November 2018 8.15am for 9am

Speakers David Carruthers — on turning ruin to advantage Michael Cole — not-for-profit corruption: getting away with it, easy peasy, lemon squeezy Maggie Dawkins — exposing child sexual abuse at Katanning Inez Dussuyer — understanding and responding to victimisation Jason Fairclough — #MeToo: Men for cultural change Sally Harding — safety in extreme sports, not an oxymoron Ken Smith — on stalking whistleblowers

AGM Sunday 18 November 2018 8.15am for 9am

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

Getting to the venue from Parramatta railway station. Go to Argyle street, on the south side of the station. Find Stand 82, on the station side of Argyle Street. Catch bus M54, at 7.48am, 8.07am or 8.26am or 655 at 8.20am. Ask the driver to drop you off at Masons Drive. Then, it’s 2–3 minutes walk, on your left. Check https://transportnsw.info/ for other options.

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

Members $45 per day This charge will be waived for interstate members.

Optional dinner onsite 6pm Saturday night: members $25

Bookings Notify full details to treasurer Feliks Perera by phone on 0410 260 440 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] (our email address). Use your last name/conference as the reference.

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, #96, October 2018 19 Whistleblowers Australia contacts Whistleblowers Australia conference

See page 19 for details Postal address PO Box U129, Wollongong NSW 2500

Website http://www.whistleblowers.org.au/ Facebook https://www.facebook.com/Whistleblowers- Annual General Meeting Australia-Inc-172621456093012/

Members of the national committee Whistleblowers Australia’s AGM will be held at 9am Sunday http://www.bmartin.cc/dissent/contacts/au_wba/committee.html 18 November at the Uniting Conference Centre, North Parramatta (Sydney). See page 15. Previous issues of The Whistle http://www.bmartin.cc/dissent/contacts/au_wba/ Nominations for national committee positions must be New South Wales contact Cynthia Kardell, delivered in writing to the national secretary (Jeannie phone 02 9484 6895, [email protected] Berger, PO Box 458, Sydney Markets NSW 2129) at least 7 days in advance of the AGM, namely by Sunday 11 Wollongong contact Brian Martin, phone 02 4228 7860. November. Nominations should be signed by two financial Website http://www.bmartin.cc/dissent/ members and be accompanied by the written consent of the Queensland contact Feliks Perera, phone 0410 260 440, candidate. [email protected]

Tasmania Whistleblowers Tasmania contact, Isla Proxies A member can appoint another member as proxy MacGregor, phone 03 6239 1054, [email protected] by giving notice in writing to the secretary (Jeannie Berger) at least 24 hours before the meeting. No member may hold Schools and teachers contact Robina Cosser, more than five proxies. Proxy forms are available online at [email protected] http://www.whistleblowers.org.au/const/ProxyForm.html.

Whistle Editor: Brian Martin, [email protected] Phone 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. Renewing members can make your payment in one of these ways. 1. Pay Whistleblowers Australia Inc by online deposit to NAB Coolum Beach BSB 084 620 Account Number 69841 4626. Reference your surname. 2. Post a cheque made out to Whistleblowers Australia Inc with your name to the Secretary, WBA, PO Box 458 Sydney Markets, Sydney, NSW 2129 3. Pay by credit card using PayPal to account name [email protected]. Use your surname/membership as the reference. New members: http://www.bmartin.cc/dissent/contacts/au_wba/membership.html

20 The Whistle, #96, October 2018