The Espionage Hearings

In May/ June 2018 charges were laid against Witness K and Bernard Collaery of conspiring to breach section 39 of the Intelligence Services Act in 2012, concerning the Australian espionage against Timor-Leste in 2004. It was alleged that Witness K communicated intelligence secrets to Collaery, who then conveyed the information to some journalists.

A series of hearings in the ACT Magistrate’s Court and later in the ACT Supreme Court have been continually scheduled since charges were laid. The following list is the minimum. Some hearings may have missed being noted here.

1. Scheduled Hearing  25 July 2018 – held
2. Scheduled Hearing   12 September 2018 – held
3. Scheduled Hearing   29 October 2018 – adjourned to 1 November
4. Scheduled Hearing   1 November 2018 – adjourned to 7 November
5. Scheduled Hearing   7 November 2018 – held
6. Scheduled Hearing   28 February 2019 – held
7. Scheduled Hearing 6-8 August 2019 – held on 6th only
   
8. Scheduled Hearing 22 August 2019 Bernard Collaery only – held
9. Scheduled Hearing 29 August 2019 Witness K only – held
10. Scheduled Hearing 13 September 2019 Witness K only – held
11. Scheduled Hearing 26 September 2019 – Bernard Collaery only – held
12. Scheduled Hearing 26 September 2019 – Witness K only – adjourned to 8 October
13. Scheduled Hearing  2 October 2019 – Bernard Collaery – ACT Supreme Court – held
14. Scheduled Hearing 8 October 2019 – Witness K only AM/4315/18 – held (“harm statement”)
15. Scheduled Hearing 9 October 2019 – Bernard Collaery SCC/0195/19 – held (lock and key)
16. Scheduled Hearing 17 October 2019 – Bernard Collaery SCC/0195/19
17. Scheduled Hearing 24 October 2019 – Bernard Collaery only SCC/0195/19
18. Scheduled Hearing 11 November – Witness K only – transferred to 15 November
19. Scheduled Hearing 15 November – Witness K
20. Scheduled Hearing 26 November 2019 – Bernard Collaery – held
21. Scheduled Hearing 2 December 2019  – Bernard Collaery – held (Graham Perrett MP speaks out)
22. Scheduled Hearing 13 February 2020 – Bernard Collaery
23. Scheduled Hearing 2 March 2020 – Bernard Collaery
24. Scheduled Hearing 6 March 2020 – Bernard Collaery
25. Scheduled Hearing 12 March 2020 -Bernard Collaery – held
26. Scheduled Hearing 19 March 2020 – Bernard Collaery – held
27. Scheduled Hearing 30 March 2020 – Witness K – deferred
28. Scheduled Hearing 7 – 9 April 2020 – Bernard Collaery (not held – COVID-19)
29. Scheduled Hearing 8 April 2020 – Witness K (not known yet whether this was held)
30. Scheduled Hearing 14 -17 April 2020 – Bernard Collaery (not held – COVID-19)
31. Scheduled Hearing 1 May 2020 – Bernard Collaery
32. Scheduled Hearing 25 May to 3 June 2020 – Bernard Collaery – held
33. Scheduled Hearing 22 June 2020 – Bernard Collaery – held
34. Scheduled Hearing 26 June 2020 – Bernard Collaery – held -decision on evidence.
35. Scheduled Hearing 10 July 2020 – Bernard Collaery -held
36. Scheduled Hearing 22 July 2020 – Witness K
37. Scheduled Hearing  6 August 2020 – Bernard Collaery – held
38. Scheduled Hearing 19 August 2020 – Witness K
39. Scheduled Hearing 03 September 2020 – Bernard Collaery – held
40. Scheduled Hearing 30 September 2020 – Bernard Collaery – held
41. Scheduled Hearing 12 October 2020 – Witness K – held
42. Scheduled Hearing 16 October 2020 – Bernard Collaery
43. Scheduled Hearing 09 November 2020 – Witness K
44. Scheduled Hearing 16 December 2020 – Witness K
45. Scheduled Hearing 27 January 2021 – Bernard Collaery  (Pdf.)
46. Scheduled Hearing 03 February 2021 – Witness K
47. Scheduled Hearing 29 March 2021 – Witness K
48. Scheduled Hearing 28 April 2021 – Witness K
49. Scheduled Hearing 13 May 2021 – Witness K
50. Scheduled Hearing  17/18 May 2021 – Bernard Collaery
51. Scheduled Hearing 27 May 2021 – Bernard Collaery
52. Scheduled Hearing 3/4 June 2021 –  Witness K – transferred to 17/18 June
53. Scheduled Hearing 17/18 June 2021 – Witness K
54. Scheduled Hearing 29 July 2021 – Bernard Collaery    From now on, all hearings concern Mr Collaery only.
55. Scheduled Hearing 06 October 2021
56. Scheduled Hearing 02 November 2021
57. Scheduled Hearing 10 November 2021
58. Scheduled Hearing 03 December 2021
59. Scheduled Hearing o7 December 2021
60. Scheduled Hearing 08 December 2021
61. Scheduled Hearing 16 December 2021
62. Scheduled Hearing 01 February 2022
63. Scheduled Hearing 03 February 2022
64. Scheduled Hearing 09 February 2022
65. Scheduled Hearing 13 April 2022
66. Scheduled Hearing 20 April 2022
67. Scheduled Hearing 26 April 2022
68. Scheduled Hearing 27 April 2022
69. Scheduled Hearing 28 April 2022
70. Scheduled Hearing 16 May 2022
71. Scheduled Hearing 18 May 2022
72. Scheduled Hearing 26 May 2022
73. Scheduled Hearing 8 July 2022    Justice Mossop vacated the hearing and the trial as a result of Attorney-General Mark Dreyfus’s discontinuance of the prosecution on 7 July 2022