Tribunal rules public parts of Timor-Leste bugging case must be heard in open
A tribunal has ruled that the unclassified parts of a hearing into alleged Australian bugging of Timor-Leste in 2004 must be held in public. The Administrative Review Tribunal made the ruling in favour of former senator Rex Patrick, who is pursuing government documents on the matter. The hearing runs for three days in late November.
Patrick's bid began with a request for 2004 cabinet documents held by the National Archives of Australia. The Guardian reported that the government has not confirmed or denied the claims. It maintains what is known as a Glomar response, which means it neither confirms nor denies that the bugging took place or that any relevant documents exist.
Commonwealth lawyers argued that even the public sections of the hearing should stay behind closed doors, in case an official accidentally disclosed sensitive information. They also proposed barring the media and public from the open hearings, with a transcript released only after review by the foreign intelligence agency. The tribunal did not accept that proposal.
The Australian Secret Intelligence Service (ASIS) contends that the records alone could undermine national security and Australia's standing with other countries.
The documents relate to Australia's strategy for control of the Timor Sea after Timor-Leste gained independence from Indonesia in 2002. The negotiations that followed settled shared control over the Greater Sunrise gas fields, which hold resources estimated to be worth more than $50bn.
Patrick has described the alleged bugging as the "most open secret in the history of Australian spying", adding that it may be the most open secret in the world. He also believes alleged comments by Alexander Downer basically confirmed that Australia had been monitoring communications in Timor-Leste before 2004.
ASIS deputy director-general Ewan McMillan and Department of Foreign Affairs and Trade deputy secretary Michelle Chan are scheduled to testify at the late November hearing.
