Remarks made in the sentencing of former intelligence officer Witness J could be released. 

New information on the case of Witness J, a man who was secretly imprisoned after admitting to mishandling classified information, may be disclosed following an application from the media. 

The case was brought to public attention when Witness J filed a civil action against the prison in Canberra where he was held for 15 months after pleading guilty to the charges in the ACT Supreme Court. 

However, the case was kept under wraps due to Section 22 of the National Security Intelligence Act, which prohibited him from revealing his identity even to the prison staff. The specific details of the charges and the information involved are not publicly known due to the secrecy surrounding the case.

Although the ruling on his civil case was made public in 2019, the sentencing remarks by then Justice John Burns have remained confidential. 

Currently, a media outlet has applied to the court for the release of the remarks, and lawyers representing Witness J and the federal government have agreed that the remarks should be published, but are still negotiating their format. 

The content of the remarks is likely to be redacted.

In the meantime, Chief Justice Lucy McCallum of the ACT has criticised the government for sending someone from an “agency” to her office to brief her staff on the handling of sensitive material in the case. 

The officer demanded that her staff sign an agreement that would have exposed them to criminal liability, which Chief Justice McCallum objected to, saying, “this is my court”. 

Lawyers for the federal Attorney-General have agreed to investigate the matter. 

A spokesperson for Attorney-General Mark Dreyfus stated that court proceedings, including judgements and reasons, should be as transparent as possible while ensuring that national security information is safeguarded. 

However, the spokesperson acknowledged that the court has the final say in determining what should be published. The case is expected to be heard again in April.