“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The Whistle No. 100, October 2019 Newsletter of Whistleblowers Australia (ISSN 2205-0299) Articles

Designed to keep seeker. Look around you, we’re being and itself from being caught up in the terrorised by our own government, allegations of bribery and fraud that government safe becoming deaf and blind to even the were swirling around our region. This is — from us possibility that our differences are why so few got to know that the RBA Cynthia Kardell being exploited by political interests. executives pleaded guilty and the RBA quietly agreed to pay a $20.6 million TIMOR L’ESTE whistleblower Witness penalty under the proceeds of crime act K, his lawyer Bernard Collaery, the until after Najib Razak lost office, when Afghan Files whistleblower David he was charged with multiple counts of McBride and ATO whistleblower fraud. It is clear government’s claim Richard Boyle have become proxies in that our national security interests were the government’s war on us, the people. at risk was always a ruse to keep those The government’s message is clear and like you and me in the dark, in order to unequivocal: “Don’t try to disturb our keep our blind faith (in them) largely preferred narrative with your inconven- intact. Centuries old legal precepts in ient truths, unless you and your journal- By expanding the scope of national criminal law have been turned on their ists want to be criminally prosecuted for security, the government has moved us head, with each element of a criminal acquiring, copying, receiving and or inexorably towards becoming more risk offence turned into an offence in and of disclosing our illegal ways.” averse. Elections are enthusiastically itself — to make it easier for govern- This is the dreadful reality of “terror” stoked with lying spin, slogans and ment to incarcerate the few with laws legislated since 9/11 that govern- scare campaigns, all designed to exploit inconvenient political and religious ment says are needed to keep us safe. our ignorance, apathy and bias by beliefs more easily at the expense of the We have only started talking about it wedging us, one against the other. many. And more recently, the potential in these terms since the AFP raids on The more attentive will know the for cyber-attacks on our public utilities News Corp journalist Annika Sme- government’s version of events has has been talked up to soften us up to thurst and the ABC in June and we need come under fire many times, but none accept that the Australian Signals to do it much more, because history with more devastating consequences Directorate (ASD) should be allowed to says there’s always a pattern. If you than when former Office-of-National- spy on us to keep us safe. treat asylum seekers on Manus and Assessments analyst (now independent Nauru as illegals, then they become MP) Andrew Willkie revealed on prime illegals. Treat journalists as persons of time television that regime change was interest for long enough and they will the government’s reason for taking us become criminals in the minds of those, to war in Iraq. Former prime minister who prefer to believe they must have John Howard lied to us. It was propa- done something wrong. Why else ganda. There were no weapons of mass would government do it, they ask each destruction and no threat to our other? It’s the usual, blame the victim national security. Saddam Hussein had and reassure yourself that you’re right, no designs on Australia. they’re wrong, because it isn’t happen- The government lied to ensure we ing to you. Hitler started in this way, were scared, but willing to go along which is one reason why history says it with its decision. We trusted, in them. It is more likely to be a very bad law in is sobering to know now that the Iraqi the hands of an abusive government. war spawned ISIS with all its attendant Laws designed to rebadge asylum grief, refugees and worldwide destruc- seekers as well-heeled queue jumpers, tion. Which is why we can’t take As these laws have been expanded, turn back the boats and operate offshore government at its word anymore. When so too have the ways that our “national detention camps have allowed the there are competing narratives, we need security interests” are being deployed government to terrorise those unfortu- to get to the bottom of it and hold by government to protect their interests. nate souls, who were fleeing in fear for government and its operatives to ac- For example, the government obtained their lives by boat — as if we were on a count. Why? Because the government’s suppression orders in criminal proceed- war footing! But we’re not, and it position is clearly that whether it acted ings against Reserve Bank of Australia couldn’t be further from the truth, illegally is nobody’s business but (RBA) subsidiary Securency Pty Ltd because more asylum seekers come in theirs! and its executives on “national secu- through Qantas than by boat. But we’ve The narratives below are examples rity” grounds. The reality was quite mostly bought it hook, line and sinker, of what the government refuses to different. The government wanted to preferring to see ourselves as special concede. protect RBA executives, the former and more deserving than an asylum Malaysian prime minister Najib Razak

2 The Whistle, #100, October 2019 • In 2004 government illegally lies, to keep the theft of another why it would be better for them to bugged Dili’s cabinet room during country’s assets secret and out of our withdraw the prosecution to reassure us negotiations, leading to the 2007 sight. We have reaped the benefit of that the ATO can be relied upon to Certain Maritime Arrangements Treaty billions of dollars in stolen goods, since police itself when it matters most. It is (CMAT). In 2012 it illegally seized Timor L’este’s oil and gas reserves after all our money being squandered to Timor L’este’s documents concerning were first exploited by us in the 1970s. shore up their myth. their spying allegations and stopped The Witness K, Bernard Collaery story Witness K giving evidence of the was the catalyst for discovering every bugging in the International Court of nasty twist, in a tale of excruciating Justice in The Hague. Timor L’este greed and venality stretching back to wanted the CMAT set aside for a new the 1960s, when government unilater- boundary, straight down the middle. ally gave Woodside a permit to explore They won, so they got title to their own in (then) Portuguese waters. offshore assets. In 2018 the Australian In 2007 the government forced government colluded with oil and gas Timor L’este to sign the CMAT treaty, giants ConocoPhillips and Woodside to which provided Timor L’este with a Richard Boyle pressure Timor L’este into processing 50% share of its own resources in return Former defence lawyer David the LNG through an existing Conoco- for a fifty-year moratorium on negotiat- McBride is being prosecuted for led LNG plant in Darwin. Government ing a maritime boundary. Timor L’este leaking official secrets that allegedly is punishing Witness K and lawyer was a newly independent, poverty prejudice Australia’s military defence Bernard Collaery for the new boundary stricken neighbour. It had no choice. or security under Criminal Code se- and loss of future LNG revenue. Our government would have us believe crecy provisions, which were expanded that its theft is in our national interest. and subjected to harsher penalties as Witness K and Bernard Collaery’s part of last year’s “foreign interference” intervention in 2012 made it possible legislation. Outside the ACT Supreme for Timor L’este to have the morato- Court on July 11, McBride explained rium set aside. On my reading of the his predicament this way, as reported in events, the subsequent prosecution of the Sydney Morning Herald. both men in 2018 is payback for depriv-

ing the government of billions of “It’s 10 years ago, about what people dollars in stolen revenue for the next shot someone in Afghanistan, what fifty years. The prosecution is to be held the minister may have said. I mean, • In 2013 the Australian Taxation in secret, which is the government’s how are our enemies — the Office (ATO) illegally directed its staff way of keeping their dirty narrative Russians, the Chinese — how is that to issue garnishee notices to seize funds alive. So, it can continue to deny the going to be used against us? The from small business bank accounts truth by denying you and me the government should be made to say without notifying a debt. In 2017 the validation that is rightfully ours. why can't you reclassify these things, ATO conceded the facts, but not the what is truly secret about it?” intent, withdrew the policy and Asked why people should take an punished whistleblower Richard Boyle interest in his case, Mr McBride said: by charging him with criminal theft. “If we don’t stop this trajectory now, in five, 10 years’ time, this will be an • Special forces personnel in absolute police state, where there's Afghanistan may have committed war no difference between a spy and a crimes between 2009 and 2013. There journalist.” were at least ten incidents in which special forces killed insurgents and He makes a lot of sense. It can’t possi- unarmed men and children, including a bly have made it any more unsafe man and his six-year-old child, and a militarily since the media broke the detainee, and that were covered up and story in 2017 as it has always been kept secret by government. The govern- East Timor publicly known in Afghanistan. It’s ment has punished whistleblower obvious why the government would not David McBride by charging him with The prosecution of ATO whistle- want it leveraged against them publicly, criminal offences for exposing their blower Richard Boyle is no different. because the war has sponsored the crimes. The ATO is paying him back for spread of terrorist organisations world- exposing its more venal qualities in the wide. Plus, cabinet’s decision never had The government maintains they hope that most of us will not remember public support. threatened Australian national security why he needed to gather the evidence in We need to know to what degree the interests. the first place. All so its preferred government has put its political inter- Timor L’este never threatened our narrative can thrive. Now the ATO ests ahead of all other considerations national security. Claims that it did or might be right in hoping for that, but I and when it has jeopardised national does turn out to have been bald faced think times have changed. Which is security. For example, Australia does

The Whistle, #100, October 2019 3 like to wave the finger at China for gence and law enforcement needs The motion established the first Senate unilaterally turning a series of rocky dominate — that’s a police state in the inquiry into public interest whistle- half submerged “features” in the South service of the executive. Which is why blowing that laid the foundations for China Sea into deep water military I single out Witness K, his lawyer what has followed. Senator Newman bases, to the chagrin of surrounding Bernard Collaery, David McBride and chaired the Committee. The Committee countries. But China isn’t quaking in its Richard Boyle for a special mention. In received 137 submissions mostly from boots and no doubt sees the irony of our a functioning democracy they deserve whistleblowers. The Committee re- government’s land grab, which eventu- our respect, admiration and gratitude, ported in August 1994 with 39 recom- ally robbed an impoverished, newly not prison. If they go to prison it will mendations and at the time it was the independent Timor L’este of billions of have accelerated the transition to a most comprehensive study of Austral- dollars. They must have really appreci- police state. ian whistleblowing. It remains a bench- ated the 2007 CMAT agreement, which mark of what is politically possible. identified our government as one of Cynthia Kardell is president of In speaking to the motion on 2 their own. Venal self-interest isn’t new, Whistleblowers Australia. September 1993, Senator Newman but China must really enjoy seeing offered these words: western governments trying so hard to remake themselves in their image, with Alwyn Johnson The whistleblowers who have come the increasing emphasis on controlling to my attention have not gone public. by Kim Sawyer There is a misapprehension abroad their own citizens. that whistleblowers are somehow The rules-based system has always disloyal to the organisation for which been a very privileged club for those they work because they go public. willing to allow them to deceive their Frequently, they do not go public; domestic audience with impunity which they go to a very senior officer and is why — as they all shuffle to the right then the organisation punishes them — journalists have become such a accordingly. I have had this concern threatened species. Because a free press for a long time. What finally moved is fundamental to a functioning me to take action was not a case in the public sector but a case in the democracy triumphing over executive private sector, in my home state of power, when it really matters. Like Tasmania. now.

Journalists report on threatened species. Should they start reporting on Alwyn Johnson their own risk of becoming extinct? Jocelyn Newman

E ARE ALL INDEBTED to Alwyn Government asks what changes W That case was the case of Alwyn could be made to better balance our Johnson. At least we should be. On 2 Johnson. Alwyn had two whistleblow- need for press freedom with the need to September 1993 Senator Jocelyn ing cases. One case is profiled in a book investigate serious offending and obtain Newman (Tasmania) moved a motion by Damian Grace and Stephen Cohen. intelligence on security threats. The that was approved by the Senate: It is a study of retaliation against a whistleblower who sacrificed their question assumes a hierarchy with That a select committee, to be known freedom of the press very much in as the Select Committee on Public career for the public interest. It is symp- second place. It’s the sort of reasoning Interest Whistleblowing, be ap- tomatic of a culture gone wrong. Alwyn that flies in the face of western history. pointed to inquire into and report, on had extensive experience in banking at We know that well informed, better or before the first sitting day in March the National Australia Bank in educated and more equitable popula- 1994, on the following matter. Melbourne where he received laudatory tions require less active policing on the Whether the practice of whistleblow- references as underwriting manager. He ground than others. That is, society is ing should be the subject of accepted a position as chief manager at Commonwealth legislation to enable safer, more civil and more tolerant as the state-owned Tasmania Bank; but the making of such disclosures in the soon after he began work there he the population becomes better in- public interest and, if so, what form formed. The approach taken by those the legislation should take. identified an exposure to non- who have drafted these “terror” laws performing loans to property develop- contemplate a society that operates ers on the mainland. Some individual more like a war zone, where intelli- loans were equivalent to 30% of the

4 The Whistle, #100, October 2019 bank’s capital. The Reserve Bank of difficult for someone to blow the Australia regulation is replete with Australia regarded any bank that lent whistle. Alwyn identified serious evidence of regulatory failure where more than 10% of its capital to any one problems at the highest levels of the regulators do not seem to understand entity as entrepreneurial. As a result the Trust Bank. As in the previous year he the long-term consequences of their bank would be required to hold approached the Premier of Tasmania inaction. The Reserve Bank Act Section additional capital. The RBA failed to and the government representative on 10(2) states that the Reserve Bank pick up on Tasmania Bank’s entrepre- the Board of the Trust Bank. They were Board has the power to determine the neurial lending. unresponsive. There were limited policy of the Bank in relation to any Non-performing loans are a prob- options. There was no whistleblowing matter other than its systems payments lem for a bank. In the worst case they legislation. There was no public interest policy. Fraser was being asked to can lead to bank insolvency and bank disclosure agency. Banking regulation regulate a bank that should have been runs. The State Banks of Victoria and was flawed in 1991; and it is still flawed regulated. The Trust Bank was a private South Australia both collapsed because as the recent Royal Commission bank but it was the largest bank in of non-performing loans. Alwyn showed. Alwyn turned to the only Tasmania with 45% of all bank deposits warned his supervisors about the non- possible regulator, the Governor of the in Tasmania. Corruption weakens a performing loans but they ignored him. Reserve Bank of Australia Bernie bank. Alwyn’s concerns should have In June 1990 he wrote an anonymous Fraser. That’s where his problems been investigated without breaching his letter to the Premier of Tasmania began. It is a story of regulatory failure. confidentiality. The Governor should Michael Field. External auditors were have used his powers to appoint exter- brought in and in November their nal investigators. Instead he sacrificed findings were tabled. A $150 million the whistleblower. Fraser knew that exposure was revealed and the bank’s Alwyn would be dismissed. In a letter managing director resigned. The writer to the Senate Select Committee on of the anonymous letter was thanked by Public Interest Whistleblowing Fraser the Board. In his testimony to the stated: Senate Committee on January 28 1994 Alwyn summarised the case: Mr Kemp told me that decisions had Bernie Fraser been taken to terminate the services After some time all the things identi- of seven employees the following fied in my letter were identified by the On 1 July 1991 Alwyn advised day (3/7/1991), six of whom would be external auditors and the managing Fraser of the problems at the Trust leaving voluntarily and one (Mr director resigned and things were put Johnson) involuntarily. Bank. On 2 July Fraser rang Paul Kemp in place to overcome the problems the CEO of the Trust Bank. On 3 July and weaknesses that existed. So Bernie Fraser failed Alwyn Johnson. Alwyn was sacked. It was the one-two- really it worked perfectly. He failed us all. three punch of whistleblowing. Blow Regulators often respond differently This is how whistleblowing is supposed the whistle, your confidentiality is to a parliamentary committee than to a to work. His second case showed it breached and then you are retaliated whistleblower. Window dressing pro- usually doesn’t. The second case began against. It was a textbook case of tects regulators but not whistleblowers. the following year. In March 1991 whistleblower reprisal. As in every At a Senate Committee hearing in Tasmania Bank merged with the SBT whistleblowing problem there were March 1994 Senator Chamarette asked bank to form the Trust Bank. three parties: the whistleblower, the Les Austin, Assistant Governor of the regulator and the respondent. Alwyn RBA: Johnson was a credible whistleblower. He had twenty years’ experience in If a bank officer became a known banking. He had strong references from whistleblower, to what extent do you his previous employer. He was so well consider that his career path might regarded that Alan Cullen, Executive be interrupted? Does the Reserve Bank play a role in protecting people Director of the Australian Bankers in that area or how could a whistle- Association, advised Fraser: blower's career be protected if they were in that situation? Look, I have investigated Alwyn Johnson’s background and I think The Assistant Governor responded: you should pay attention to what he wants to tell you. If that were to happen to a whistle- blower, we would certainly expect Alwyn had stopped the haemorrhaging that the person would not be at the Tasmania Bank. He should have disadvantaged for having revealed The Trust Bank was a private bank. been listened to but the Governor of the information to us. If it was alleged There was a government representative Reserve Bank did not listen. He did not that that had happened, we would on the board but it was not owned by the address the corruption. He did not certainly take that very seriously as government. There were no sharehold- protect the whistleblower. well and we would pursue that with ers. The corporate structure made it the bank concerned. Many things happen in banking based on moral

The Whistle, #100, October 2019 5 suasion. We are fairly confident that that the Trust Bank was about to be The inquiry was conducted by Neil we would be able to look after the downgraded to BBB (minus), equiva- Brown QC, a former Minister in the interests of any person in that lent to the status of a junk bond. The Fraser Government. Neil Brown re- position. bank was sold to the Colonial Bank for ported in August 2003 and found une-

The RBA failed to protect Alwyn nearly $150 million and the funds used quivocally in Alwyn’s favour, that “Mr Johnson. The RBA failed to own up to to retire State Government debt. For a Johnson deserved compensation for their mistake. As in many whistleblow- second time the taxpayers of Tasmania wrongful dismissal and loss, pain and ing problems the regulator became the were beneficiaries of the whistleblow- suffering, defamation and loss of the underwriter of corruption. ing of Alwyn Johnson. amenities of life”. On 11 August 2003, In a letter to Alwyn on the day of his On 17 February 2000 Senator the Launceston Examiner ran with an dismissal, Kemp revealed the reason for Murphy made a speech in the Senate editorial headed “We Owe a Debt to his dismissal detailing allegations of impropriety in Alwyn Johnson”. On the same day the relation to the use of Trust Bank’s Hobart Mercury led its editorial with The Bank has been advised that you assets during the tenure of Paul Kemp. “Alwyn Johnson’s Victory.” A victory; have made contact with various The speech must be read to understand but at great cost. individuals and bodies in order to the corporate culture of the Trust Bank. In a speech to the Senate on 13 provide what can only be described Alwyn was supported by Senators August 2003, Senator Murphy reflected as scurrilous misinformation about Brown and Milne (Tasmania) who on the findings of the inquiry. An the Bank’s affairs. At least some of the recipients of this most improper continued to probe allegations in the extract summarises the sentiment of communication have expressed their Parliament. But Alwyn was not sup- many who have studied his case: concern not only as to the content, ported by either of the major parties in It is heartening to see that Neil which was properly recognised for the Tasmanian state parliament. Like Brown, a former member of the what it was, but also regarding the the Governor of the Reserve Bank they House of Representatives, found in fact that a senior employee would did not act. They had no sense of natural favour of Mr Johnson — and correctly see fit to embark upon an exercise justice. so, because this is a matter I have which reflected so poorly upon Finally on 12 August 2000 Prime also followed for a long time. A great himself. Minister Howard announced an inquiry injustice was done to Alwyn Johnson This letter reflects poorly only on one into Alwyn’s case during a speech to by consecutive state governments, both Liberal and Labor, neither of person, Paul Kemp. It is a retaliatory the Tasmania Liberal State Council. Howard said that he had studied which was ever prepared to have a letter. Dr Jean Lennane often spoke of proper inquiry into the circumstances the gap between the career path of the Alwyn’s case in 1991 when he was Federal Industrial Relations spokesman surrounding Alwyn Johnson’s unfair respondent and the whistleblower. and wrongful dismissal from the Alwyn’s case demonstrates the gap and believed “Mr Johnson was a victim Trust Bank. better than most. Kemp continued as of a great injustice.” Indeed he was. CEO of the Trust Bank for seven more Senator Murphy’s comments were years. Alwyn was unemployed for long echoed by Christine Milne in a speech periods. He never worked in banking to Whistleblowers Australia conference again. It was a loss for Alwyn. It was a in November 2012. Senator Milne loss for all of us. listed three contributions of Alwyn’s Alwyn continued to write to Fraser whistleblowing. First the saving of 700 requesting he intervene in the problems jobs by preventing the collapse of at the Trust Bank. Letters on 28 January Tasmania Bank; secondly the sale of 1993 and 24 March 1993 detailed four Trust Bank for $150 million; and areas of corruption within the bank. But thirdly the establishment of the Senate Fraser continued to be unresponsive. inquiry that first recommended Fraser wrote to Kemp on 23 July 1993 comprehensive whistleblowing laws. to bring the matters to an end. It may have ended for Fraser. Fortunately it did not end there. On 10 December 1998 Senator Murphy (Tasmania) gave a speech in the Senate where he alluded to the impropriety of Kemp in the use of the Trust Bank’s assets. Three days later it was announced that Kemp would be leaving the bank. A new CEO was appointed and consultants ap- pointed. The consultants advised that John Howard and Alwyn Johnson, 9 the bank was in serious trouble and August 2003 at Tall Timbers Tasmania, should be sold. In an overview written Smithton, Tasmania on 15 November 1999, Dr Crean, the State Treasurer of Tasmania, revealed Christine Milne

6 The Whistle, #100, October 2019 The problem that remained was should never underestimate the cost of Tati Westbrook and James Charles compensation. How to compensate a not listening to whistleblowers. We whistleblower who has lost their career, should never underestimate the benefit who has paid the price for the corrup- of listening to them. tion of others? Alwyn had waited Politicians, regulators and others twelve years for justice. It was always often refer to the need to change our going to be too little, too late. There is culture. The Banking Royal Commis- no formula for compensating a whistle- sioner Kenneth Hayne recently criti- blower but logically it should be linked cised the political establishment, accus- to the benefits conferred. Under the ing it of being captured by vested United States FCA whistleblowers are interests, destroying public faith in entitled to between 15 and 30 percent of institutions and reducing policy to fraud recovered. The compensation three-word slogans. We all know he is averages 17 percent. The FCA is so right. From universities to banks, our effective because it compensates institutions have been corrupted by whistleblowers for the risks taken on those who put private interest before the behalf of others. Since 1986 the US has public interest. Our culture allows Tati Westbrook recovered $59 billion under the FCA. corruption to fester when it sacrifices Whistleblowers were responsible for whistleblowers. Our culture must Tati Westbrook is a 37-year old in Los $42.5 billion. change but it can only change if we Angeles. Her main career for about a In Australia we don’t often get the acknowledge the wrongs of the past and decade has been running a full-time opportunity to do a similar calculation. then right them. A great injustice was beauty YouTube channel with nearly 10 Alwyn’s case is an exception. In his done to Alwyn Johnson. He was the million subscribers, whilst operating first case he saved the Tasmania bank type of regulator we needed. Yet he had her beauty vitamins company Halo from an exposure of $150 million. The to regulate from his kitchen table rather Beauty. Westbrook uses her YouTube second case was more compelling. than from Martin Place. He deserved channel to review unsponsored beauty Through the sale of the Trust Bank to better. items and to give tips on cosmetics the Colonial Bank, $150 million of The taxpayers of Tasmania should make-up application, sometimes featur- Tasmania government debt was retired. be indebted to Alwyn Johnson. The ing celebrity guests. Alwyn has calculated that interest saved whistleblowers of Australia should also on the retired debt amounts to $190 be indebted to him. Let’s hope future million. I agree. In sum the sale of the generations understand. Trust Bank precipitated by Alwyn’s actions saved Tasmanian taxpayers at Kim Sawyer is a long-time whistleblower least $300 million. The savings could advocate and an honorary fellow at the have been more. The Trust Bank had a University of Melbourne. market value of $300 million in 1995. Within three years its value halved. The most conservative estimate of the A YouTube benefit of Alwyn’s whistleblowing would be tens of millions of dollars whistleblowing saga passed on to taxpayers and depositors. Magdalene D’Silva Alwyn received a compensation payment of $120,000 in 2003, less than A 2019 SAGA between two YouTube James Charles 0.1% of what he saved the taxpayers of beauty vloggers shows that anyone who Tasmania. Furthermore he was denied a publicly questions alleged dishonest, James Charles is a young man who payment in 1991 of $92,000 when harmful or exploiting conduct can be a also runs a Beauty YouTube channel Premier Field intervened because of a whistleblower. Traditional ideas of with over 15 million subscribers, on question from Bob Brown in the state whistleblowing seem to characterise which he showcases his make-up parliament. Compensation to whistle- whistleblowers as a group identity with artistry, his products (such as make-up blowers should never be at the behest of shared features, goals and ideals. But in palettes) and also reviews other brands’ politicians. As the financial journalist this article I refer to a major YouTube cosmetics, either on his own or with Terry McCrann wrote in August 2003: saga to explain why blowing the whistle other people including celebrity guests. is really an ethical choice made daily by Charles’ meteoric rise to fame and If Mr Johnson is not compensated for millions of people in various situations success is such that he was the first male the cost of his whistleblowing it would not limited to formal organisations, face of major female cosmetics brand set a very bad precedent for future companies, governments or institu- Covergirl at 17 years of age, and was whistleblowers. invited to the exclusive New York Met tions. It did. Alwyn deserved more, much Gala in 2019. Charles apparently iden- more. It was a measure of how Aus- tifies as male and gay and describes tralia regards its whistleblowers. We himself on his YouTube channel as a

The Whistle, #100, October 2019 7 “19 year old kid with a few blending (which apparently translates to major unempathic and pre-occupied with brushes.” financial loss). Anecdotal social and image. Although people who blow the According to their YouTube videos, mainstream media reports showed whistle are often unfairly discredited as Westbrook apparently befriended disgruntled customers destroying mentally unstable, anarchistic and “nar- Charles some two years ago when he Charles’ products (such as his eye- cissistic,” in this YouTube saga it was moved to Los Angeles to establish his shadow palettes). Westbrook who seemed to blow the YouTube career. Westbrook and her whistle on another’s alleged narcissism. husband mentored Charles personally My interpretation of narcissism fol- and professionally in surrogate parental lows an emerging new understanding of roles, with Westbrook featuring and narcissism as a widespread community promoting Charles on her YouTube rewarded destructive personality pat- channel and flying him to her wedding tern characterised by deceit, ruthless to do her wedding make-up. self-interest, manipulation, and targeted exploitative control and domination of Westbrook’s 2019 public YouTube others. Pop-psychology discourse and disclosures A critical take on Charles’ apology self-help abuse victim survivor social Westbrook “blew the whistle” on media community forums indicate that Charles in a May 2019 YouTube video Westbrook then posted a second narcissism and narcissistic people are called “Bye Sister,” in which she teary YouTube video herself called far more prevalent all around us than is announced her choice to end her “Why I Did It”, explaining her reasons allowed for by the psychiatric DSM 5 personal and professional connection for her first video, whilst calling for the version of narcissistic personality disor- with him. Westbrook effectively al- public “hate to stop.” Westbrook der. Some psychiatry circles dispute leged that Charles had committed seemed to share public viewers’ con- their own profession’s definition of unethical conduct by promoting one of cerns that Charles’ apology YouTube narcissism which is apparently so rarely her direct vitamin brand competitors. response was dishonest. However, she diagnosed by psychiatrists that at one She also alleged that he had effectively also mentioned her ongoing friendly point the American Psychiatric Associ- sexually harassed a male waiter at her love for Charles despite ending their ation considered voting it out of exist- birthday celebration in a restaurant. personal and professional connection. ence. Public cries for the US President Westbrook’s “Bye Sister” video gained Charles swiftly removed his apology to be diagnosed with “narcissistic over 45 million views in days (far more YouTube video and replaced it with a personality disorder” have been re- than the usual one million views for her new video called “No More Lies,” in jected by some psychiatrists because all videos). which he strongly denied Westbrook’s psychiatric diagnoses are supposed to allegations, showed text message be for those suffering significant receipts to refute Westbrook’s allega- distress or impairment (which the US tions and thanked her for accepting President apparently does not). some responsibility. The male waiter I thus agree with emerging commu- who was the subject of Charles’ alleged nity views that narcissism is far more inappropriate or harassing romantic common in our community than most advances also posted YouTube videos people realise, and it is now what some disclosing publicly his version of academic clinical psychologists (such events, which seemed to verify some of as Ramani Durvasula PhD) warn is “the Westbrook’s allegations. new normal.” Whilst I pass no judge- Westbrook said she would not For a time, Charles lost millions of ment on Westbrook’s or Charles’ disclose all facts and evidence (such as YouTube subscribers. But he seemed to characters, nor the truth or otherwise of phone text messages) but explained regain them after his “No More Lies” Westbrook’s public comments and why she chose to air her concerns video, which remains on his YouTube Charles’ responses, their respective publicly without first speaking to channel. Westbrook’s and Charles’ YouTube videos indicate that one Charles privately. These reasons in- YouTube videos gained more than 45 person (victim) felt they were exploited cluded that she felt under pressure that million views each in a matter of days. and deceived by another (aggressor). if she did not publicly disclose first, her Furthermore, this YouTube saga gained Millions of YouTube viewers and words would be twisted against her (as international mainstream media cover- subscribers were then unwitting had apparently already happened age, with scores of supporting or critical bystander third parties in what I call a before). YouTube video commentary from narcissism drama triangle (adapted Charles responded immediately with around the world, many of which also from Stephen Karpman’s Drama his own YouTube videos, the first being collectively gained tens of millions of Triangle Theory). a tearful “apology” he recorded and views. I therefore see narcissism as an released while on a promotional tour in unethical triangulated relationship Australia. Millions of Charles’ You- Is whistleblowing “narcissism” — or system (not just as an individual Tube subscribers swiftly judged his narcissism’s “disruptor”? psychiatric disorder) which somehow apology to be inauthentic and unsub- Westbrook described Charles’ behav- involves an innocent victim (often scribed from his YouTube Channel iour to her as demanding, entitled, whistleblower), an aggressor (dominat-

8 The Whistle, #100, October 2019 ing controller) and third-party rescuer ourselves, to each other and with our Indeed Westbrook’s concerns about (bystander enabler). Westbrook was world. Perhaps the difference is the harm to children would arguably thus not a narcissist in this YouTube immediacy and lesser (or non) transpar- support Jonathan Haidt’s meritorious saga. (Some say all YouTube vloggers ency of social media in which the social view that all children up to at least the are narcissists.). Instead, Westbrook control culture of our families and age of 14–16 years, should be banned was possibly a victim of narcissism friendships is replicated and multiplied from accessing all forms of social who felt ethically compelled (as a thousand or million fold, but with media. Also, Westbrook seemed to go whistleblowers feel) to blow the whistle secret censors sitting at private head to great lengths in her videos to empha- on it. (Note that in this scenario, Charles offices, arbitrarily banning people sise her concerns about Charles’ alleged was not necessarily a narcissist.) So, according to the private terms and conduct — not him personally. Indeed wherever the pressure for whistle- conditions of each social media net- this was why she said she posted a sec- blowing arises, there is likely to be a work (twitter bans, YouTube de- ond YouTube video, to try to curb the narcissistic person (or people) on whom monetisation, Linkedin warnings and social media shaming “hate” backlash the whistle needs to be blown. so forth). In our legal systems, what is against Charles personally, consistent alleged and pursued against people, as a with the social media warnings by those crime or a civil suit, is also largely such as Jonathan Haidt. determined by community standards of I thus suggest that this YouTube saga strangers in our national society who was a form of whistleblowing and determine what is considered “reasona- here’s why. Whilst it did not involve a ble” and acceptable in law, via our formal organisation, it still had the parliaments and courts. Perhaps the real usual whistleblowing ethical features. difference is that traditional whistle- For example, it was Westbrook who blowing to a formal regulator such as feared a personal and professional our legal system (which I distinguish backlash, for dissenting and speaking Westbrook and Charles in better times from private alternative dispute resolu- up about Charles (because he surpasses tion outside the courts) are supposed to her social media influence, power, Are public YouTube disclosures be by and for the public interest, only. popularity and financial success). West- social media shaming — or the new By contrast, “social media justice” of brook said she felt embarrassed (“this is whistleblowing? calling out, censorship and cancel messed up”) for “being scared of a 19 Social and mainstream media reporting culture, is run by private interests for year old.” A twitter post she published of this YouTube saga described it as private interests. directly to the general public on 10 May “drama,” “confessing in public,” 2019 said that “if you’re scared to speak “calling out on social media” or the rise up … it usually is a sign that you of “cancel culture.” There were few if should.” Westbrook presumed she any accounts of it as whistleblowing. would “take the hit” for publicly stating It’s important to note Greg Lukianoff her concerns about Charles’ alleged and Jonathan Haidt’s helpful 2018 book conduct, saying that “if I fall apart The Coddling of the American Mind: because people don’t like what I have to How Good Intentions and Bad Ideas say and that I said it loud here on my Are Setting Up a Generation for channel, I guess that’s on me.” Unless Failure which argues that social media Westbrook secretly thought that any (such as YouTube) is a less authentic public backlash would really be against form of human communication be- Charles and not herself, then this seems tween people, as it is more a form of to contradict some of Jonathan Haidt’s display that puts recipients on notice concerns about social media determin- that what will or won’t be said, is deter- ing what is said, based on the response mined by the (positive supportive) James Charles without makeup of thousands or millions of watching response of thousands (or millions) of strangers. watching bystander strangers. Social But in this YouTube beauty guru Westbrook also said that she thought media such as YouTube can be saga, I suggest that this line was blurred her disclosures to be in the public criticised fairly as an en masse instant because it involved using a privately interest, explaining why she chose to forum of undemocratic social control run social media platform (YouTube voice her concerns on her YouTube that some say is less about truth than it owned by Google) to publicly disclose channel, rather than privately with is about abusively controlling others by actual specific events of alleged Charles directly. These reasons in- using shame, censorship and intimida- material and/or physical conduct (com- cluded that she had already made tion to personally demonise people who mercial betrayal, promoting dangerous various unsuccessful attempts to share dissenting ideas, arguments or vitamin products and open acts of pub- communicate with Charles directly. thoughts. lic sexual harassment) that Westbrook Furthermore, Westbrook had broader To some degree, this seems akin to felt were harmful directly to her as a concerns that seem consistent with how our legal system already operates private individual and harmful to Jonathan Haidt’s views on social media to regulate our conduct towards millions of children in the public. generally. She was concerned about the

The Whistle, #100, October 2019 9 harm that Charles’ alleged conduct was mentally unfit and then rejected, marriages and friendships to work- causing to his fan base of millions of Westbrook’s autonomy allowed her to places, professions, institutions, organ- children viewers and social media take back control by simply ending her isations, nation states or global followers. Another of Westbrook’s relationship with Charles, publicly. companies. concerns seemed to mirror the ethical Furthermore, unlike traditional whistle- If this 2019 YouTube saga reflects a challenges faced by traditional whistle- blowing scenarios, Westbrook was not trend, it might be that our era of narcis- blowers, and this was that if she did not and could not be isolated as her sism (even on social media) is starting speak publicly “… no-one is really YouTube channel shows her receiving to implode on itself — under whistle- stopping him, no-one is going to get loyal support from her husband, family, blowing as the new normal. through to him … this is going to end friends and public celebrities, badly … then I will have to sit for the Westbrook also did not seem to Magdalene D’Silva, BA/LLB, LLM, MA, rest of my life and feel like I never said define or identify herself as a whistle- admitted as a solicitor (currently non- anything …” blower per se. Once she made her practising) of the supreme courts of Perhaps this YouTube saga is just a public disclosures, she simply let her Tasmania, NSW, England & Wales, and form of social media “cancel culture” as public audience (rescuer-bystanders) the High Court of Australia.

Westbrook said that Charles is an adult respond to them as they chose. She who needed to be made accountable otherwise seemed to leave it at that. and “… people need to be called out for Westbrook seemed to avoid trite BOOK REVIEW their actions, and someone has got to do characterisations of traditional whistle- The asshole survival guide it…”? But I suggest this is different blowers as narcissistic recklessly self- Brian Martin because Westbrook also said in her ish anarchist loners. Perhaps it was also videos that she hoped her disclosures the fact Westbrook already had millions IS THERE SOMEONE at your workplace would inspire parents to talk to their of supportive public subscriber viewers, who is obnoxious? Someone who is children about them. Westbrook hit her or that the tone and style of her rude, contemptuous, continually belit- whistleblowing ball to a different YouTube disclosures were congenial, tling others, inconsiderate, foul regulator — parents. personal and conversational, not accu- mouthed? Someone others seek to satory and formal. She presented avoid? herself as simply speaking up about If so, what should you do? Try to get alleged unethical conduct by someone along? Get away? Fight back? Quit? she saw as a friend who was also her The question is more acute if there professional protégé in the YouTube are lots of these obnoxious workers, and beauty industry. Westbrook’s arguable if one of them is your boss. whistleblowing success was perhaps Robert I. Sutton is a management also because she was not inside a formal researcher at Stanford University. Nor- organisation, that some notions of mally he writes about building better whistleblowing see as an essential workplaces. Then he wrote an article Conclusion: is YouTube feature. Consequently, Westbrook did about “assholes” — the US spelling of whistleblowing safer? not (and perhaps did not need to) submit “arseholes” — and, because it was so Westbrook seems to have survived this to the usual narcissistic control of popular, a book titled The No Asshole YouTube saga as at the time of writing whistleblowers exerted by govern- Rule. Sutton argued that workplaces (July 2019) she has gained millions of ments, organisations, companies or would become much more productive, new YouTube subscribers, taken both institutions. That is, unlike traditional as well as more satisfying, by curbing of her “whistleblower” style videos whistleblowers, Westbrook disrupted bad behaviour. This could be done by down, made no further public and thereby escaped the narcissism not hiring arseholes, not tolerating them comments on it, and continues to post triangle which usually causes the need and, if necessary, getting rid of them. regular highly watched YouTube for whistleblowing in the first place. beauty videos. Westbrook’s vitamin Public disclosures by one YouTube business apparently soars. beauty vlogger on another might be Westbrook’s YouTube public dis- dismissed as just one narcissistic closures were perhaps successful, for personality competing against another her, because unlike traditional organisa- narcissistic personality, in an era of tional whistleblowing, she went directly cultural narcissism. Yet, if we accept to the public immediately and not to a whistleblowing as any ethical act of regulator, law enforcement agency or dissenting truth telling by a victim or “whistleblower officer.” Westbrook rescuer bystander, about a predatory also did not depend on Charles’ support aggressor, then whistleblowing is not for her reputation or survival, so did not narcissism but its antidote. Whistle- need him to change even if she blowing can then be recognised as a preferred that he did. Unlike traditional normal daily act of ethical human accounts of whistleblowers being iso- courage, in any narcissistic drama lated, marginalised, undermined as triangle afflicting families-parents, Robert I. Sutton

10 The Whistle, #100, October 2019 If there is an arsehole at your blowers are subject to bullying, ostra- The No Asshole Rule turned out to be workplace, causing you grief, what are cism and various types of reprisals. Sutton’s most popular book, by far. As the options? One possibility is to leave: These might be considered arsehole a result, he received 8000 emails from quit the job or get an internal transfer. behaviours. On the other hand, people readers, many of them providing further However, some people are unable to called workplace arseholes — the stories about arseholes in the work- leave for financial or other reasons. repeat offenders — can make life a place. There was also a common A less drastic option is to reduce misery for anyone affected, not just refrain: correspondents wanted to know your exposure to the arsehole. You whistleblowers. what to do about the co-workers who might respond to emails less promptly, Sutton says rules and laws aren’t all were causing them so much grief. try to be inconspicuous at meetings, or that useful. In a list of resistance tech- So Sutton decided to write another find a thick-skinned co-worker to be a niques that he says are likely to fail or book about arseholes, this one called buffer. Some middle managers see it as backfire, #7 is “Ask crooked people and The Asshole Survival Guide. It provides their role to protect their subordinates systems for help.” advice about what to do. The book has from abuse from the CEO: these lots of stories of toxic behaviour and managers take the flak and reduce the Beware of people in HR, legal, senior ways people dealt with it. The stories wider damage. management, or law enforcement make for entertaining reading as well as Another option is to change the way with big incentives to protect the ass- making the lessons much more you respond mentally to toxic behav- holes in power and none to fight for you. Gretchen Carlson at Fox News digestible. iours. You might imagine that the provides a cautionary tale. New York The issue is important. Sutton writes, boss’s words of abuse are part of a song, magazine reported in September “The list of damages done by work- or marvel at the imaginative put-downs, 2016 that when she complained to place assholes goes on and on: reduced or count the number of minutes and her supervisor about condescending trust, motivation, innovation, and less measure the volume of a tirade. The cohost Steve Doocy, Chairman willingness to make suggestions; in- idea here is to learn to respond in a Roger Ailes got wind of it and told creased waste, theft, absenteeism, and different way, so you feel less upset. It’s Carlson that she was “a man hater” surliness.” also important not to dwell on incidents, and a “killer” who “needed to get going over and over them in your mind. along with the boys.” The arsehole probably has forgotten all about what happened; you should be able to do the same. Then there is the option of fighting back. There are various ways to do this. One is to return fire, responding to abusive comments with your own abusive comments. Sutton warns that this is very risky, because then you might be seen as the arsehole. Another method of fighting back is to use humour to deflate nasty comments. You might also make a complaint after collecting plenty of

information. This is not a reliable method, because the arsehole might If you’re thinking of speaking out in have allies, and the whole workplace the public interest, you are at risk of There are many varieties of arse- might be infected with arsehole being treated badly at work. This means holes. To be fair, we shouldn’t refer to behaviour. As Sutton notes, arseholes you can learn from The Asshole someone as an arsehole: they are simply breed more arseholes. You are at risk of Survival Guide how to assess the behaving in a bad way. Maybe they becoming infected. behaviours of your co-workers, con- aren’t like this all the time. Because This is a brief overview of some of sider options and prepare for reprisals. nearly everyone behaves inappropri- the ideas in The Asshole Survival Not surprisingly, many of the tech- ately some of the time, it’s not just a Guide. There are lots of complications. niques described by Sutton — leaving, question of pointing the finger at a few If you have a problem at your work- avoidance, mental skills and fighting bad apples. We need to be aware of our place, it’s worth reading the book to get back — can be quite useful to whistle- own bad behaviour. ideas, learning from what others have blowers. Sutton says the first task is to iden- said and from what researchers have tify bad behaviour and decide whether discovered. Yes, there are researchers Brian Martin is editor of The Whistle. it’s someone’s regular way of interact- studying civility in workplaces. ing or, instead, just an outburst due to There is a partial overlap between having an off day. You also need to the hostile treatment of whistleblowers decide how serious the problem is. and dealing with arseholes. These are not identical problems. Many whistle-

The Whistle, #100, October 2019 11 Media watch

“This government doesn’t said. “What that says to me is that this “Australia is government doesn’t want whistleblow- want whistleblowers”: ers coming forward.” getting it wrong” Jeff Morris gives scathing “It doesn’t want public sector Emma Koehn whistleblowers coming forward and Sydney Morning Herald review of protection laws embarrassing them and it doesn’t want 8 September 2019 Sarah Keoghan private sector whistleblowers coming Sydney Morning Herald forward and embarrassing their friends CO-FOUNDER of whistleblower app 8 August 2019 in the corporate sector.” Whispli says cases like that of ATO Changes to the laws would be timely whistleblower Richard Boyle, who is THE MAN who exposed misconduct rife due to a changed public opinion of facing 161 years in jail for blowing the in Commonwealth Bank’s financial institutions following the banking royal lid on abuses by the tax office, will have planning arm has given a scathing commission, he said. a long-term impact on people’s willing- review of current whistleblower protec- “The financial services sector, I ness to come forward with information. tion laws, accusing the federal govern- don’t think, is the only sector people “If someone’s going to spend 100 ment of “deliberately” choosing not to have lost confidence in today,” he said. years behind bars, nobody is going to be act on the issue out of fear of embar- “I would go so far to say there is a willing to come up and speak out,” rassment. general and complete loss of confidence Sylvain Mansotte said. Jeff Morris, who emerged as a in all of our institutions, public and Mr Mansotte knows first hand the whistleblower in 2008, made the com- private.” “terrifying” experience of being a ments during the launch of Sydney The Attorney-General Christian whistleblower, and as he works to Morning Herald and The Age journalist Porter said he had “recently indicated” empower employees he says Australia Adele Ferguson’s book, Banking Bad, an intent to make changes to the Public must change its mindset on workers and called on the federal government to Interest Disclosure (PID) Act and was who speak out. form a whistleblower protection agency considering options for reform “At this point in time, Australia is and compensation scheme. “towards the end of this year.” getting it wrong and they should lead by Mr Morris said financial compensa- example, they should actually value tion was an essential consideration for whistleblowers for who they are and lawmakers and cited how whistleblow- what they are trying to do for society ers often lose their families and are and not try to damage them — because impacted physiologically as a result of then nobody else can speak out,” he speaking up. said. “Five years ago I was asked to Mr Mansotte relocated to Boston to address the annual conference of a grow the secure communication startup group called Whistleblowers Australia into the US market. The French- … what I found at that conference was Australian entrepreneur founded quite disturbing … it was a lot of Whispli, previously called Fraudsec, in broken people who tried to do the right 2015 with co-founders Sacha Schmitz thing,” he said. “People cheer whistle- and Matthew Browne. blowers but they don’t employ them.” It was shaped by his own experi- Ms Ferguson, whose articles on ences uncovering a $20.7 million fraud Morris’ leaks led to the banking royal while working at construction firm commission, also called on the federal Leighton Contractors in 2012. government to act […]. “That was a terrifying event, and “Evil can only prosper when good from that experience I actually became people fail to act which is why we need a kind of risk manager or investigator, to improve our whistleblower laws,” and that’s when I realised I was not the she said. only one [who was] not comfortable to

speak up using a hotline,” he said. “We have a government that is now Whispli has amassed a global user actively persecuting public sector whis- base of government agencies and busi- tleblowers as never before, threatening nesses who subscribe to its platform so them with up to 160 years of impris- that employees can anonymously report onment. information about poor behaviour. The “We have a government that is also Australian Competition and Consumer attempting to shut down free press by Commission, Qantas and Save the Chil- sending in teams of goons with sledge- dren are among the local companies to hammers to seize boxes of files,” he have signed up to the platform.

12 The Whistle, #100, October 2019 that employees can use to report prob- Trump’s inauguration that they were lem behaviours internally, rather than ‘waiting for messaging’ first. I thought discovering these via reports on third that was no big deal but then nothing party sites. Whispli is also further happened and I started calling up every developing options for citizens to few weeks to say, ‘We’ve got to get this securely communicate with journalists. out, it’s getting stale.’ Mr Mansotte believes startups like “The excuses varied but became ever his are one of the most important factors more vague, such as ‘we are ever so Sylvain Mansotte in ensuring employees speak up, busy’ or that it would worry people regardless of what protections are in during hurricane season because it Whispli allows users to upload files place for whistleblowers. mentions storm surge in coastal areas. and information via an encrypted “If you don’t have the right mecha- A superior said they wanted to keep a service enabling companies to com- nisms to speak out, it’s kind of low profile on climate change for four municate with whistleblowers while pointless,” he said. or maybe eight years while Trump was maintaining their anonymity. around, which really upset me because The company has expanded at the we don’t have four to eight years to do right time: a combination of new whis- nothing. I felt I was being silenced. tleblower legislation in a number of The silenced “I went on maternity leave around countries and the rise of the #MeToo Oliver Milman Christmas 2017 and the report still movement in the US means companies The Guardian, 17 September 2019 hadn’t been released. I got an email are more hungry than ever for tools to from a colleague saying, ‘Congrats on help their employees raise issues, Mr From weakening vehicle emissions to the baby, by the way you should know Mansotte said. blocking warnings about how coastal they are editing your report.’ Speaking from his US office, Mr parks could flood or the impact on the “We had a conference call and it Mansotte said that despite Australia’s Arctic, the Trump administration is became clear that any mention of positive move to implement broader accused of muzzling climate science. human-caused climate change had been protections for whistleblowers, the Here six whistleblowers and former taken out. I was asked how I would feel country needs to do much more to government scientists describe being if they didn’t release the report at all, ensure citizens feel empowered to sidelined by the administration — and which felt like a threat. I stood my speak out. why they won’t be quiet. ground and was told ‘they aren’t going “If you can take the fear away from [Only the case of Maria Caffrey is to be happy about this from above.’ It people, then they will start to speak given here.] was never clear who ‘they’ were — out.” perhaps Trump himself or Ryan Zinke The tax community is currently [the then secretary of the interior]. weighing in on whistleblower protec- “I then had a meeting with a senior tions through submissions to a Senate NPS official who came out from review on the performance of the Washington DC. The other report co- Inspector-General of Taxation. authors were there, too. That’s when it Tax ombudsman Karen Payne wrote all unravelled, it became incredibly in a submission that enshrined protec- hostile. I was told not to attribute tions of privacy and confidentiality changes in public lands to human were vitally important for employees actions. and businesses when they considered “I felt like we worked for the whether to come forward with volun- American people and I didn’t want to tary disclosures and that her office lie to them. But a superior said that we should have clearer powers to protect in fact work for the executive branch of staff if they came forward. which the president is the head. The Whispli, which turns over less than Role: Worked on climate change at the president is the boss and we are going $10 million, secured a $2.8 million seed National Park Service (NPS) to put our heads down and put out the round last year with investment from line of the administration. eBay founder Pierre Omidyar, as well What did the work involve? “A journalist did a freedom of as backing from Blackbird and AirTree “I was studying how climate change information request and saw all the Ventures. will affect 118 coastal parks in the US emails of us fighting over this and asked The startup now has offices in for the National Park Service. I started me for a statement. I ended up going on Sydney, Boston, Paris and London. In this work in July 2013, it was my baby.” the record because I thought it was a the US market, the business has very important issue. I was aghast I was positioned itself as an “antidote” to What changed under the Trump being asked to lie. These people were employee review site Glassdoor, Mr administration? violating the mission of the NPS. Mansotte said. “My study went through peer review “After I came back from maternity In a post-Me Too climate, human and was ready to be released but I was leave I was demoted to be an intern on resources departments want platforms told by the NPS a few days after Donald $25,000 a year. And then in February

The Whistle, #100, October 2019 13 this year they said there was no money federal agency for perceived nepotism At the time, I was refused a Reason- left at all and that I would have to leave. and training only certain people to able Accommodation to perform my It was devastating. I offered to work for groom them for promotion, which work duties as a disabled military free as a volunteer but was turned violates the US Merit Systems Protec- veteran by my managers. I needed an down, which shows that it wasn’t a tion Board (MSPB) prohibited person- ergonomic workstation and the two money issue really. I packed up my nel practices. computer monitors were about less than office and I was gone. I filed a whistle- My first week in my new job, I could a foot from the edge of my desk. I am blower complaint in July.” not believe that there were only around five feet ten inches tall and I could not five black employees out of about 500 perform my work with the misplaced in my Veterans Affairs agency in monitors that were fixed on metal pipes. Asheville, North Carolina. One of the It created pain in my neck and back black employees worked in my depart- because I was working in a very ment and we would later become very cramped workspace. My management close friends. Ironically, we were both ignored my doctor’s letters asking for armed with knowledge and experience the monitors to be moved back and to to know that our management was create a safe work environment for me. hiring family and friends, instead of I was retaliated against and put on following the mandated practices of administrative leave for about 100 days hiring government employees. Both of with false charges. I would eventually us would speak up during meetings lose my nice home as my paycheck was about perceived nepotism and we cut off as I was not allowed to work quickly made our management very from home as a Reasonable Accommo- nervous. I had over 22 years of Human dation, like some other employees. Resources experience at the time in Most of my doctor’s request for a How do you feel about your 2012 and my friend had an Equal Reasonable Accommodation would be experience? Employment Opportunity (EEO) back- ignored. I was unable to call a loved one “I have faced retribution, I was threat- ground. and my co-worker without calling and ened and placed in a hostile work envi- On my own, I contacted the Office of hanging up five times before they could ronment. It’s clear in some agencies Special Counsel (OSC) which is where hear me. Ironically that problem went there’s a culture of fear where scientists government employees report prohib- away the day after I settled with Veter- are being intimidated. When I wrote ited personnel practices (PPP) and pro- ans Affairs without a non-disclosure this report, politics was the last thing on vided evidence that our management agreement. I would occupy one of the my mind, I was thinking about climate was committing nepotism. An OSC four female veteran beds in the mental change and these coastal parks. lawyer reached out to me and dismissed health ward at the Charles George VA “It’s very frustrating, it’s not where I the case to my dismay. I felt I had given Hospital because of all the stress, safety pictured where my career would be at plenty of evidence. Ironically, I would issues, and mistreatment. this time in my life. I don’t even know meet a lawyer who worked in the Food if I have a career any more. What’s left and Drug Administration at a bed and is in tatters.” breakfast hotel. I was having coffee in The National Park Service did not the breakfast room and he and his wife respond to the Guardian’s request for asked if they could join me. Looking comment. around, they could have sat at five other tables, but they chose to join me. After sharing pleasantries, I shared

my work matter with this lawyer and he Confession of a told me that it seems like OSC only gets

government involved in cases where there is retalia- Charles George Veterans Affairs tion for reporting prohibited personnel Medical Center, Asheville whistleblower practices. I don’t believe in coinci- Dawn Westmoreland dences, but that all experiences happen In the end, I am glad I spoke up for The Good Men Project for us to grow and learn. I was getting 31 August 2019 myself and others. I paid a high price, retaliation for reporting my managers. but I would do it again. I transformed It actually helped me to meet the Equal I NEVER DREAMED of being a whistle- from being a victim to helping others Employment Opportunity Commis- who are being mistreated in the work- blower, who is someone that exposes sion’s (EEOC) criteria for disability place. I would get recognition in the unethical, illegal or prohibited person- discrimination and then, later, retalia- Christian Science Monitor. I would nel practices of a company or govern- tion for reporting my managers to the help another VA whistleblower who ment agency. I am a relatively quiet EEOC. I felt that meeting that FDA gained a lot of attention on TV. I would person. I hate drama, but I dislike lawyer had given me the insights to interview Erin Brockovich on my people being abused by others. In my seek help through the EEOC, instead of podcast to let people know simple ways case, I reported the second-largest OSC. to stand up for yourself. My work

14 The Whistle, #100, October 2019 would evolve as new doors opened. The personality dimension of agreeableness In behavioral studies where people best part of my experience has been and are more likely to have a domineer- were asked to report the unethical empowering others to stand up for ing personality. actions of others, participants were themselves and others. Research led by Brita Bjorkelo exam- more likely to speak out against unethi- ined the personality traits of 503 munic- cal acts when the violation was blatant ipal employees. Using a five factor and abrupt instead of slow and gradual. model of personality as a basis for her Researchers call this the slippery-slope What science tells us comparison, she found elevated levels effect. At least part of this appeared to about the psychology of extraversion and suppressed levels of be caused by people simply not noticing of whistleblowers agreeableness among employees who the unethical behavior when it occurred spoke out against what they perceived gradually. Mark Travers to be unethical behavior. Furthermore, Forbes, 26 September 2019 when examining personality character- Key Finding #5: Whistleblowing rep-

istics that are associated with interper- resents a trade-off between the compet- EVERY FEW YEARS, the nation’s atten- sonal conflict (for example, vindictive- ing moral values of fairness and loyalty. tion is drawn to the revelatory actions ness, neediness, non-assertiveness, Whistleblowers take the side of of a whistleblower. Most recently, a etc.), she found that the domineer- fairness. member of the intelligence community ing/controlling dimension of personal- Behavioral studies that measured brought forth information suggesting ity was most predictive of whistleblow- people’s endorsement of the values of that President Trump withheld hun- ing behavior. fairness and loyalty and then asked dreds of millions of dollars in military those same people to consider hypothet- aid to Ukraine, hoping that the Ukrain- ical cases where they might have to ian government would provide compro- blow the whistle, results consistently mising information on Joe Biden and showed that people who valued fairness his son, Hunter. Or so the story goes. above loyalty were more likely to report Before that, it was Edward Snowden, unethical behavior. who released classified information pertaining to top-secret NSA surveil- Conclusion: Taken together, these lance programs. Before that, it was findings help us understand the issues at Chelsea Manning, Linda Tripp, Daniel play with respect to whistleblowing Ellsberg, and so on. behavior. Perhaps the greatest chal- When cases like these arise, the lenge is establishing proper channels motives of the whistleblowers become through which whistleblowers can the source of endless media specula- safely report what they view to be tion. Some believe that their actions are unethical behavior, regardless of politically motivated. Others contend whether they are correct in their assess- that there may exist a personal vendetta. ment. One recent study calculated that Many others believe that they are over 80% of employees who brought simply trying to do the right thing. corporate fraud to light felt marginal- But what does the research show? Key Finding #3: Whistleblowing is ized in their career as a result of their Key findings from decades of scientific viewed less favorably in “collec- behavior. Scientific consensus main- inquiry examining the psychology of tivistic” cultures than in “individualis- tains that whistleblowing, though not whistleblowing are summarized below. tic” cultures. without its faults, advances the public According to studies, people from good and should be legislatively Key Finding #1: Whistleblowers are Japan, China, and Taiwan view whistle- protected to the extent that it can be. more likely to be male. They tend to blowing less favorably than people in have higher levels of education, higher the United States. A team of psycholo- salaries, and more tenure within their gists led by Adam Waytz of Northwest- organization. ern University states that the difference This insight comes from research has to do with “a culture’s degree of conducted by Marcia Miceli and Janet collectivism, or the degree to which Near, who examined data from individ- individuals perceive interdependence uals who reported wrongdoing in gov- with their group, with more collectivist ernmental organizations through the groups expressing more negative U.S. Merit Systems Protection Board. feelings toward whistleblowing.” Generally speaking, they found that whistleblowing tended to coincide with Key Finding #4: Whistleblowers are higher tenure and rank within an organ- more likely to call out abrupt, unethical ization. behavior than unethical behavior that starts small and increases gradually. Key Finding #2: Whistleblowers tend to be extraverts. They score low on the

The Whistle, #100, October 2019 15 Tweets and free speech ment of Immigration and Citizenship In the tribunal’s view, “restrictions Anthony Forsyth was in breach of the Fair Work Act by in such circumstances bear a discom- The Conversation, 7 August 2019 taking action against her for exercising forting resemblance to George Orwell’s her constitutional guarantee of free thoughtcrime.” political communication. THE ISRAEL FOLAU termination case has dominated headlines for months now. Many Australians have been in- trigued by the extent to which employ- ers like Rugby Australia are able to control the social media activity of their employees — in Folau’s case, a high- profile player who tweeted his condem- nation of homosexuals and others. He argues he has been sacked for express- ing his religious beliefs. Michaela Banerji The High Court has today handed down its decision in another case that The Federal Circuit Court rejected raises similar issues around free speech that submission, finding that the implied freedom of political communi- and how much an employer can control cation under the constitution has limits. The High Court’s decision what an employee says, or tweets, in It does not, for example, give an The High Court unanimously decided their personal time. in favour of Comcare and set aside the In Comcare v Banerji, the High employee licence to breach his or her employment contract. decision of the appeals tribunal. Court ruled that the federal government The majority judges on the court may legitimately restrict the right of Contending her dismissal and the events preceding it caused her to suffer agreed that the tribunal had incorrectly public servants to express political approached the matter as a question of views, and that those limitations do not from post-traumatic stress disorder, Banerji next filed a claim under the whether Banerji’s personal freedom of breach the implied freedom of political political communication had been communication in the Australian federal public service workers’ com- pensation scheme (Comcare). intruded upon. These four judges stated Constitution. that the constitutional freedom of polit- The decision confirms the steady When her claim was rejected, she sought a review in the Administrative ical communication “is not a personal march of employer control over work- Appeals Tribunal. The central issue was right of free speech.” ers’ private views and activities, whether her dismissal was considered a Rather, it protects “political commu- supported by courts and tribunals over nication as a whole.” Thus, the court many years. “reasonable administrative action taken in a reasonable manner”, as this could ruled, the question is not whether the code of conduct unduly infringed on What happened in the Banerji case? not form the basis for a compensable injury. Banerji’s personal right to freedom of In September 2013, Michaela Banerji’s expression, but whether “political com- employment in the then-Department of Banerji claimed her dismissal should be considered unreasonable since it was munication as a whole” was adversely Immigration and Citizenship was termi- impacted. The court also had to decide nated for breach of the Australian carried out in breach of the implied constitutional freedom of political whether these restrictions on political Public Service’s code of conduct and discourse were enacted for a legitimate social media guidelines. communication. The AAT found in Banerji’s favour, purpose. The code requires employees to In its ruling, the court found the uphold APS values “at all times”. The ruling the APS code of conduct impedes free communication about limitations were needed to ensure the social media guidelines deem it inap- provision of independent, impartial propriate for employees to make government or political matters. The tribunal acknowledged the APS advice to government through “an apo- unofficial public comments that harshly litical and professional public service.” criticise the government, politicians or code requires employees to uphold the reputation and values of the APS “at all In reaching this view, the majority their policies. judges rejected Banerji’s argument that In Banerji’s case, the offending times” – even outside of work. And it found that those restrictions could be applying these limitations to anony- behaviour was her posting of more than mous comments went too far. The court 9,000 tweets from the pseudonymous seen as legitimate to ensure the public service remains an apolitical body. stated that even anonymous comments Twitter handle @LaLegale. These could damage the integrity and reputa- tweets criticised the federal government But the tribunal ruled that the depart- ment went too far in applying such tion of the public service. It further and its immigration policies, the immi- found that anonymous comments are at gration minister, the opposition and the restrictions to Banerji, given she had tweeted anonymously and therefore risk of ceasing to be anonymous if the department in which she worked. person’s identity is somehow revealed. Banerji unsuccessfully applied for an could not be identified as a public servant. The other three High Court judges injunction to prevent her dismissal. In essentially agreed with the analysis of that case, she argued that the Depart-

16 The Whistle, #100, October 2019 the majority. Two of them added the express religious views under anti- “ALL THE PRESIDENT’S MEN” observation that the restrictions on free discrimination laws. (1976) speech only apply while a person But I think the decision in the The film focuses on the Watergate chooses to remain an APS employee. Banerji case shows the High Court is scandal that would eventually lead to leaning strongly in favour of employer the resignation of President Richard rights of control over employee speech. Nixon. Washington Post reporters Carl It would be odd if the High Court took Bernstein and BobWoodward, played a different view about Rugby Aus- by Dustin Hoffman and Robert tralia’s right to shut down Folau’s Redford, respectively, receive invalua- views. ble information during their investiga- tion from a mysterious whistleblower Anthony Forsyth is Professor of whom they dub “Deep Throat.” Years Workplace Law, RMIT University. later, the whistleblower revealed him- self as FBI agent Mark Felt, who What are the implications of the became the subject of a film himself, decision? Get Reel: 2017’s “Mark Felt: The Man Who Justice James Edelman wrote in the Brought Down the White House,” decision: Whistleblowers are the starring Liam Neeson in the title role.

The code that now regulates their heroes of these 19 movies “All the President’s Men” won four behaviour no longer turns public Bob Tremblay Oscars, including best supporting actor servants into lonely ghosts … But, Several US newspapers (Jason Robards) and best screenplay properly interpreted, it still casts a 8 September 2019 (William Goldman). powerful chill over political communi- cation. WHISTLEBLOWERS are typically

The Community and Public Sector spurred into action when they see a Union also took a dim view of the wrong and want it righted. Or they see ruling, saying it will impact some 2 a wrong and want to profit from reveal- million public service employees across ing it. Or they think they see a wrong Australia. that isn’t really a wrong and end up blowing their whistle in a padded cell. People working in Commonwealth But let’s assume the whistleblower agencies should be allowed normal isn’t crazy, though he or she may be rights as citizens rather than facing alone in that assessment. That’s Orwellian censorship because of because doing the right thing often Julia Roberts as Erin Brockovich where they work. results in the whistleblower being

With the ruling in the Banerji case, only wronged, or not receiving the hero “ERIN BROCKOVICH” (2000) academics with protections of intellec- treatment he or she deserves. Aware Julia Roberts won the best actress Oscar tual freedom (under university enter- that whistleblowing could be hazardous for her portrayal of Brockovich, a prise agreements) now have the clear to their health or career, some prefer to lawyer who brings a class action suit right to publicly express political views remain anonymous, serving as a against a large utility, alleging that it that their employer may not care for. conduit of information and letting has contaminated the soil and that this Employees in much of the private others do the whistleblowing for them. contamination is leading to an inordi- sector have their political views In many cases, at least the ones that nately high amount of cancer cases in a restricted by company codes and Hollywood has turned into films, the small town. To win the case, Brocko- policies that require them not to damage people who become whistleblowers end vich relies on people in this town to do the reputation of the business. These up running against the wind, and Holly- the right thing even if some work for the employees cannot invoke the implied wood loves making movies where the utility. Talk about biting the hand the freedom of political communication to underdogs suffer for what they believe feeds you, even if the food is poisoned. support their right to speak out. in, going against all odds, waging a What remains untested, though, is David and Goliath struggle until they whether corporate employees can emerge victorious … or really unhappy. contest dismissal for expressing politi- Or both. cal views under section 351 of the Fair Listed below in alphabetical order Work Act, which prohibits termination are 19 feature films about whistleblow- on the basis of an employee’s political ers based on or inspired by true stories. opinion. Are there more than 19? Sure, but that’s And back to the Folau case? The all we have room for, and most of these Banerji decision does not have direct are really worth watching. And I’m not implications, as Folau is putting forth a just whistleblowing Dixie. different argument about the right to Erin Brockovich

The Whistle, #100, October 2019 17 “FAIR GAME” (2010) tleblowing only exacerbates. Let’s just there, “North Country” is a fictional- The film tells the story of Valerie Plame say that Whitacre does more than ized account of the first major success- and Joseph C. Wilson, a married couple inform. Matt Damon plays Whitacre. ful sexual harassment case in the United whose lives get discombobulated when States. Wilson, working as a diplomat, pens an article in The New York Times refuting “OFFICIAL SECRETS” (2019) the Bush administration’s claim that In this film, British whistleblower Iraq is using yellowcake uranium to Katherine Gun, played by Keira build weapons of mass destruction. Knightley, leaks a secret memo expos- Apparently, the administration didn’t ing an illegal spying operation by the appreciate the article and Plame’s cover US government, looking for infor- as a CIA agent gets blown as retaliation. mation with which to blackmail UN Plame loses her job, her marriage crum- diplomats tasked to vote on a resolution bles and it looks like the administration regarding the 2003 invasion of Iraq. is going to have its yellowcake and eat Gun’s superiors and the British govern- it, too. Will the two reconcile and do ment don’t approve of her actions. An- battle against the powerful White yone who thoughte th Iraq War was an Russell Crowe as Jeffrey Wigand House? I’ll never tell. Naomi Watts and outrage will likely be outraged further. Sean Penn star. “THE INSIDER” (1999) A fictionalized account of a true story, “ON THE WATERFRONT” (1954) This is quite simply one of the greatest “THE FIFTH ESTATE” (2013) this film focuses on the “60 Minutes” films ever made. Marlon Brando won a The film details the relationship of segment about Jeffrey Wigand, a Daniel Domscheit-Berg and Wikileaks whistleblower in the tobacco industry, best actor Oscar for his powerhouse founder Julian Assange, whose website and covers his struggles as well as those portrayal of Terry Malloy, a once prom- reveals several wrongdoings. But prob- of producer Lowell Bergman as they ising boxer who now works on the lems arise when subsequent revelations defend Wigand’s testimony against docks for a very corrupt union boss. seem to be doing more harm than good. industry efforts to discredit it and CBS’ Will Terry do the right thing and blow Domscheit-Berg eventually breaks with efforts to suppress the story. It’s not a the whistle on the union boss? Compli- Assange, who eventually ends up in pretty picture. Al Pacino plays cating this decision is the fact that that prison. In the film, Benedict Cumber- Bergman and Russell Crowe plays his brother is the union boss’ right-hand batch plays Assange and Daniel Bruhl Wigand. man. The movie also won Oscars for plays Domscheit-Berg. Sometimes, best picture, best supporting actress whistleblowers can become their own (Eva Marie Saint, in her film debut), worst enemy. best screenplay (Budd Schulberg) and best director (Elia Kazan). “GOODFELLAS” (1990) and “THE VALACHI PAPERS” (1972) “THE POST” (2017) It’s typically not a good idea if you Daniel Ellsberg, one of this country’s value breathing to be an informant more famous whistleblowers — or against the mob. But that’s just what infamous, depending on your political Henry Hill and Joe Valachi did without bent — released documents, known as ending up as fish fodder. “GoodFellas” the Pentagon Papers, showing that the is rightly considered one of the greatest war in Vietnam wasn’t exactly going gangster movies in the biz. It was nom- smoothly for the United States. The inated for a slew of Oscars, including White House didn’t appreciate these best picture, and won the best support- revelations and wasn’t too keen on ing actor Oscar for Joe Pesci. Ray Jeffrey Wigand seeing them published in the Washing- Liotta plays Hill. “The Valachi Papers” ton Post, a paper now being run by clearly suffers by comparison, and “NORMA RAE” (1979) and Katharine Graham, the first female pub- coming out in the same year as “The “NORTH COUNTRY” (2005) lisher of a major American newspaper. Godfather” probably didn’t help either. Both films chronicle the efforts of Graham faces a difficult decision on Charles Bronson plays Valachi. women who face considerable obsta- whether to publish the papers. You’ll cles and hardships to improve their never guess what she does. Meryl “THE INFORMANT!” (2009) working conditions, one at a textile Streep was nominated for a best actress This film depicts the whistleblowing factory, the other at an iron mine. Sally Oscar for her portrayal of Graham. The exploits of Mark Whitacre, an execu- Field won the best actress Oscar for her film was also nominated for a best tive at Archer Daniels Midland who portrayal of Norma Rae Wilson, aka picture Oscar. Matthew Rhys plays blows the whistle on his company’s Crystal Lee Sutton. Charlize Theron Elllsberg, who would also be the involvement in a price-fixing conspir- was nominated for a best actress Oscar subject of “The Pentagon Papers” acy. Whitacre, however, has some for her portrayal of Josey Aimes, aka (2003), where James Spader portrays serious mental issues, which the whis- Lois Jensen. For you trivia mavens out Ellsberg, and “The Most Dangerous

18 The Whistle, #100, October 2019

Man in America: Daniel Ellsberg and “I never set out to be the Pentagon Papers” (2009), a docu- mentary. a whistleblower”: Katharine Gun tells “SERPICO” (1973) and “PRINCE OF THE CITY” (1980) the true story of Both movies focus on police officers “Official Secrets” who expose police corruption and pay Andrew O’Hehir talks the price as their actions don’t endear to Katharine Gun themselves to their fellow men in blue. Salon.com, 24 August 2019 Being an informant in the company of people with guns can get dicey. Trust Joining me today is former British becomes tricky, too. For playing New intelligence officer Katharine Gun, who York City cop Frank Serpico, Al Pacino is the central subject of the new film was nominated for a best actor Oscar. In “Official Secrets.” It’s not a documen- “Prince of the City,” Treat Williams tary — it’s about what you actually did plays New York City narcotics detec- and what happened to you. Tell us what tive Danny Ciello, aka Robert Leuci. Rachel Weisz as Kathryn Bolkovac you can about your intelligence work. Yes. I worked for GCHQ, which “SNOWDEN” (2016) and “THE WHISTLEBLOWER” (2010) stands for Government Communica- “CITIZENFOUR” (2014) Truth in advertising here. The film is tions Headquarters, and is the equiva- Both films tell the tale of Edward inspired by the story of Kathryn lent of the NSA here in the U.S. I was a Snowden, a disillusioned U.S. govern- Bolkovac, a Nebraska police officer Mandarin-language linguist and ment official who releases classified recruited as a United Nations peace- translator. information on illegal surveillance keeper for DynCorp International in GCHQ is a very familiar acronym to conducted by the National Security post-war Bosnia and Herzegovina in the British public — as you say, similar Agency. For some reason, the US 1999. While there, she discovers a sex to the NSA. I know there are certain government becomes irritated by trafficking ring operated by DynCorp specifics about your work you can’t Snowden’s disclosure and he becomes employees. When Bolkovac attempts to discuss, but tell us what GCHQ does. a high-profile persona non grata. A expose the ring, she’s fired. Can’t im- Like the NSA, it selectively intercepts White House invitation is not likely in agine why. She then takes her story to communications that occur between his future. In the film, Joseph Gordon- the BBC and files a wrongful-dismissal Britain and other places. Is that roughly Levitt plays Snowden. If you have you lawsuit against DynCorp. In the film, correct? choose between the two, watch the Rachel Weisz plays Bolkovac. Oscar-winning documentary. Its title refers to Snowden’s “secret name.”

“SPOTLIGHT” (2015) Based on the Pulitzer Prize-winning series of stories penned by the Boston Globe’s Spotlight team — hence the film’s title — the movie uncovers cases of widespread and systemic child sex abuse in the Boston area by several Right. It’s signals intelligence. So it Roman Catholic priests, with the gathers any form of communication that church hierarchy complicit in the abuse is not human intelligence, which is the by covering it up as best they can. The province of, you know, the CIA or, in reporters face a daunting task of getting Britain, MI6. victims to tell their painful stories and So your work was totally invisible to then corroborating them. For some the general public — until 2003, just reason, the church doesn’t want to before the Iraq war. That was when you cooperate. The film won the best came across some unexpected infor- picture Oscar and best screenplay Oscar mation about how the United States and for Josh Singer and Tom McCarthy. If Britain were preparing to go to war. you wonder why a free press is Right. This was literally right before important, here’s Exhibit “A.” Colin Powell’s speech at the UN [alleg- Kathryn Bolkovac ing that Saddam Hussein had weapons of mass destruction]. I got an email on

the 31st of January, it was a Friday. The email was basically forwarded down to a whole group of analysts, and that was

The Whistle, #100, October 2019 19 approximately 100 people or so, and I marital affair, a substance abuse get UN cover. I think that was his main happened to be one of them. So it was problem, whatever. kind of bargaining chip with George an email from a guy called Frank Koza, Right. Yeah, yeah. Exactly. Bush, that we have to get this UN cover he was the head of regional targets at So you come into possession of this, for his own legitimacy. NSA. It was basically a request from along with roughly 100 other people at Because that made him look less like the NSA to GCHQ, it just said, “We GCHQ. In the movie “Official Secrets,” a lapdog of the United States, perhaps? want all the information you can gather the character called Katharine Gun, Well, yeah. And also, himself being on the personal or the domestic or office who is played by Keira Knightley, a lawyer. So anyway, leaking the memo communications of the six delegates actually discusses this memo with essentially blew that up in their faces. that were sitting on the UN Security colleagues at GCHQ. Did that actually That wasn’t my intention. My intention Council, the swing nations.” happen? was to prevent the war. But anyway, These were the nations that move Yeah, that’s an interesting point. A we’ll get to that. around, the non-permanent members of lot of this whole story is very internal, So, all right. You have this memo in the UN Security Council. They had the OK? Because it’s just about me and my your possession. What did you do with balance of the vote, at this moment internal monologue and my thought it? when the U.S. and the U.K. wanted this processes. But how do you portray that I really felt that time was absolutely UN resolution which would authorize in a film? So, actually no, I didn’t pressing, that there was no time to take an invasion of Iraq. So the request was discuss it with anybody at work. In fact, it up to any of my superiors. Anyway, I that before this resolution took place, we rarely discussed anything of any felt they would just sweep it under the they wanted to have information on political interest. rug and would just keep an extra- these diplomats so that they could twist I can imagine that’s probably special eye on me, it would be like their arms. discouraged. flagging me as someone to keep an eye Yeah, it doesn’t happen, and it’s on. So I felt I had to get it out to the kind of the usual office environment of public. gossip and intrigue. Unless you’re I didn’t do anything on Friday, I focused on a very specific target, maybe went home and I thought about it over in your section, then you might be the weekend. I contacted someone I talking about those particular characters knew who had this contact in the and so on. But the general news that’s antiwar movement, and I said, “I’ve got going on at the time, we didn’t really something which I think is explosive, focus on it. So the whole thing was you know, will you help me get it out?” going on in my head. She or he said, yes, they would take it Just to remind people of that and would post it to this antiwar political context, which is clear in the activist, who happened to be Yvonne film: George W. Bush, with the loyal Ridley. and devoted assistance of Tony Blair, Yes. Very well-known British activ- who was prime minister at the time, was ist and journalist.

Katherine Gun about to go to war with Iraq on the Right. So that’s what I did. So on pretext that Saddam Hussein had Monday I went back into the office, and They wanted any information on weapons of mass destruction. We know I printed off a copy of the memo. You these diplomats, and it said specifically, how that all turned out. know, immediately I felt like I basically this is a quote, “the whole gamut of had a target on my back. I folded it up information that would give U.S. and put it in my handbag, just as Keira policymakers an edge in achieving Knightley does, and then I walked out goals favorable to the U.S.” So I was of GCHQ with it in my bag. just stunned by this, you know? I was They didn’t have any security appalled and I was shocked. measures that would notice that you had This has been presented as an printed this out, or perhaps send up a attempt, or at least the solicitation of an red flag? attempt, to blackmail these people with Well, I mean, people print things out whatever embarrassing information all the time. I don’t know what happens now in the digital age, but back then it could be found. Is that how you read it at the time? Blair as Bush’s puppet was quite normal to print things out and Absolutely, yes. It was either black- send them as a document to other mailing them, or bribing them, or Well, the thing is, as Gavin Hood, people. So, that was not an immediate threatening them. You know, not just the director of the film has pointed out, concern or risk type of thing. I don’t them, but their countries. You know, it there are two normal routine ways to know how often they scrutinize peo- was really immoral, unethical behavior. launch a war. The first one is to get UN ple’s bags when they’re going in and So the information desired might cover, and the second one is in self- out of work, but still, you know, I was have been almost anything, right? A defense. So they were desperate, and extremely nervous. personal financial situation, an extra- especially Tony Blair was desperate to

20 The Whistle, #100, October 2019

Yeah, I’m sure. Did you, as depicted was utterly unfair to the other people in the film, physically pass a piece of who would become suspect. paper to someone? Is that how this Right. So you copped to it, you told worked? the truth. What happened then? Let’s What actually happened was I note that the movie is called “Official mailed it. It went in the snail mail and Secrets,” which is a reference to the they got it in a couple of days. Official Secrets Act, which is the British Which is still one of the best ways to law that covers revealing secret avoid detection. Correct? Right, they wanted to establish government information. Well, in theory. Yeah. credibility. Yes. Which you have to sign to But it was some time before all this And they wanted the impact of the work for GCHQ. came out in the press, right? Because story. Right? It definitely did create an Right. So you had pretty clearly that was when this all broke out into the impact, especially in countries like violated that law. Were you arrested? open. Chile and Mexico [then on the Security What happened after that? Well, it didn’t actually come out in Council], countries that would’ve Well, immediately after that, I was the press until, I think, the 2nd of directly been targeted from the memo. taken to the internal security section of March, so almost a whole month But nevertheless, when I saw the GCHQ where I recounted my actions, passed. I went on the antiwar protest in memo, I was utterly, utterly distraught. but I refused to name the contact that I London on February the 15th, and by I was totally terrified. So that led to a gave it to. In the meantime, they had that point I’d kind of given up hope. I whole sort of — the consequences of called London’s Special Branch down was thinking that maybe it wasn’t going my action became apparent. I realized to arrest me, and I was taken away in an to come out, maybe it wasn’t really as that I wasn’t going to be able to remain unmarked car to the local police station relevant as I thought it was. Anyway, I silent, although I had promised the where they held me overnight. was so bowled over by the protest, that contact that I had passed the memo to Special Branch being a term in I thought, “Surely this is sending the that I would say nothing, I would do Britain that carries a pretty particular message to Tony Blair that we do not nothing, I would remain silent on the and slightly fearsome meaning, right? want to go to war.” It was such a spine- issue. I realized I couldn’t do that, Well, yeah. It’s a branch of the tingling historical moment. But despite because I couldn’t keep going to work Metropolitan Police focused on more all that, they went to war. pretending that I had nothing to do with serious crime, and especially anything it. to do with these sorts of issues, intelli- Yeah, this is interesting. You clearly gence issues and so on. Yeah. made a very different decision from Edward Snowden, for instance. You didn’t make a break for it and then show up somewhere else. Was that an option you considered? Well, no. It had never occurred to Keira Knightley as Katherine Gun me. I couldn’t have run away, because my husband wouldn’t have been able to Yeah, millions of people marched come with me, and that’s a whole other around the world, including hundreds story. So no, I just thought I had to take So you were charged under the Offi- of thousands in the United States. And the rap for it, and eventually I did. But cial Secrets Act, eventually. We won’t none of that prevented it. initially, I denied having any involve- go into that too much to preserve some Absolutely not. So then the story ment in it, and then I realized that of the film’s plot points, although your finally appears in the Observer, which wasn’t a tangible route to go down, and story is obviously public information. is a Sunday newspaper. It’s a paper that I wasn’t going to be able to sustain that. I am always fascinated by this I used to buy regularly. So I went down So the following day I went back into question. You are somebody who spent to the shop, and I went to pick up a copy the office and I told my manager that it most of your life, probably before and of it, and instantly, you know, is right had been me, in fact. after this incident of fame, leading a there on the front page, “US Dirty Was that because they were going to fairly normal existence with no inten- Tricks.” I mean, I recognized it straight conduct a mole hunt, so to speak? tion of becoming famous. What’s it like away. The memo itself was replicated Oh, they did. They started straight to see yourself portrayed on film by a on the front covers, and I knew the away on Monday, and they were inter- famous actress? That must be peculiar. game was up. I felt like I’d been identi- viewing every single person who’d Of course. Yeah, it’s not something fied just in that front page. received that email, and grilling them. I would ever, ever have conceived of, I guess, naively, I’d hoped or Then, you know, eventually whittle right? First of all, I never set out to be a assumed that they would have printed down to a few that they were extra- whistleblower. Secondly, I never ex- an article that maybe talked about a suspicious about and then continue to pected that my story would be interest- source, right? “An intelligence source grill them. I mean, the whole thing just ing to anybody. Third of all, you know, alleges that this is taking place.” But I seemed like I could not carry on I was actually terrified of being named, can see why they didn’t do that. denying my involvement, and also it of being identified.

The Whistle, #100, October 2019 21 When I was arrested, I wasn’t film is that hopefully it’s going to bring of which have graced the front page of named. Because I hadn’t been charged. the issues back into the limelight, and The Whistle. Jokes are scarcer. You are I wasn’t charged until November 2003. that’s what I want the film to do. hereby invited to send your offerings So for eight months I was bailed, and for publication. To get you started, here month by month I was being bailed, and Andrew O’Hehir is executive editor of are a few attempts. they didn’t name me publicly. I was Salon. trying really hard to maintain this kind • The boss addresses a meeting of staff. of life, whereby I was pretending I was “I’m going to set a good example by on some kind of study course from making a public interest disclosure. I’m GCHQ. going public with this disclosure. In the Yes. “On leave” or something like past year, I received $257 in interest on that. Obviously they didn’t want you my savings accounts.” going to work. Right. I had been suspended from • Boss to whistleblower: “I have good work. Then when they did charge me news and bad news. The good news: and my name came out, I was just this envelope for you contains two terrified. I was terrified that suddenly I weeks’ pay. The bad news: it also will be known everywhere I went. But contains your dismissal notice.” in actual fact, nobody knows me, so that’s great. • Whistleblower: knock knock. Watch- dog agency chief: “Who’s there?” Whistleblower: knock knock. Agency chief: “What’s that annoying knocking? I can’t see or hear anyone.”

“Official secrets” movie poster

You certainly had a moment in Britain where people read about you. But you didn’t exactly become — I’m Whistleblowing humour sure you are somewhat familiar with Brian Martin the case of Valerie Plame, the former This isn’t a media-watch item, but it CIA officer who became the center of a didn’t fit anywhere else. political controversy. That didn’t ex- actly happen with you, right? A RECENT POST by the US National No, I mean, I guess I didn’t seek the Whistleblowers Center offered this limelight. Well, at the end of ... I don’t item: “Why did the whistleblower stay want to give the story away totally. But inside? He was Snowd’en.” at the end of it all, I just wanted to Apparently it is one of the few • Three prisoners share stories about disappear back into anonymity. So I had whistleblower jokes available. It their exploits. First prisoner: “I man- a full day of doing press interviews in doesn’t work very well for Australians, aged to swindle $5 million, and it took London and talking, you know, to all most of whom rarely see snow and can them a decade to figure out it was me.” the TV personnel, all the famous inter- hardly imagine snow at such depth that Second prisoner: “I saved my personal viewers. Then I said, “That’s it, I’m not anyone would be unable to get out of business a tonne of money by dumping doing anymore.” I disappeared with my their house due to being “snowed in.” hazardous waste in a place I thought no husband down to the coast in Brighton, one would ever discover, until someone on the coast of England, and spent some did.” Third prisoner: “I blew the whistle time away from the limelight. Then the on you two, and you can see where it’s story went away, and that’s how I got me!” wanted it at that time, because I was actually quite traumatized by the whole • Did you hear about the whistleblower thing. who was rewarded with a prize and It was very difficult for me to come promotion? I didn’t either. to terms with what had happened. Although it was a tremendous relief that I wasn’t going to suffer as much as I thought I was going to have to, there was an anticlimax aspect to the whole There are quite a few humorous issue. Now the great thing about this cartoons about whistleblowing, many

22 The Whistle, #100, October 2019

Conference and annual general meeting

Conference Saturday 23 November 2019 8.15am for 9am

Speakers Journalists Quentin Dempster and Brian Toohey CBA whistleblower Jeff Morris NSW police whistleblower Peter Fox Live export whistleblower Lynn Simpson Others TBA

AGM Sunday 24 November 2019 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 $40 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 $30

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, #100, October 2019 23 Whistleblowers Australia contacts Whistleblowers Australia conference

See page 23 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 24 November at the Uniting Conference Centre, North Parramatta (Sydney). See page 23. 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 Berger, phone 02 9484 6895, [email protected] PO Box 458, Sydney Markets NSW 2129) at least 7 days in advance of the AGM, namely by Sunday 17 November. Wollongong contact Brian Martin, phone 02 4228 7860. Nominations should be signed by two financial members and Website http://www.bmartin.cc/dissent/ be accompanied by the written consent of the candidate. Queensland contact Feliks Perera, phone 0410 260 440, [email protected] Proxies A member can appoint another member as proxy by

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

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 Lynn Simpson 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

24 The Whistle, #100, October 2019