Witness J

Witness J, also known by the pseudonyms Alan Johns[1] and Prisoner 123458,[2] is a former officer of the Australian Secret Intelligence Service (ASIS) [3][4]who was subject to a secret trial (under section 22 of the National Security Information (NSI) Act),[5] and secret imprisonment in 2018, for supposedly breaching Australian national security laws.[2] His case came to light following an Australian Federal Police raid of his jail cell seeking a memoir that he had previously received official permission to write about his experiences. This led to him bringing a claim for breach of his human rights.[2][6] This claim was ultimately unsuccessful, but brought the case to light with the public.

The case sparked debate in the media about the unprecedented secrecy of the proceedings and its violation of the open justice principle underpinning Australia's legal system.[1][7] The Australian Capital Territory's Justice Minister Shane Rattenbury was unaware of the secret prisoner until learning about him through the media even though Prisoner J had been held in the Territory's Alexander Maconochie Centre over which Rattenbury had ministerial oversight.[7][8] The use of a wholly closed criminal trial in the matter was described as "unprecedented" by the Independent National Security Legislation Monitor, with the possible exception of trials during World War I or World War II.[8]

Witness J is a graduate of The Royal Military Collage, Duntroon and served with distinction in East Timor, Afghanistan and Iraq.[9]

On 9 June 2021 a public hearing into how section 22 of the National Security Information (NSI) Act was used to secretly convict witness J was made by The Independent National Security Legislation Monitor (INSLM) Grant Donaldson.[5] The hearing found that after having his employment terminated he used an open network to air complaints against his agency. In the course of this correspondence he had revealed classified information which could endanger the lives of others.[5] ASIO Chief Mike Burgess gave evidence during the public inquiry.

Witness J pleaded guilty to the charges and received a sentence of 15 months at Canberra's Alexander Maconochie Centre sexual offender wing, despite not being a sexual offender.[5] The secrecy of the trial has been widely condemned, with New South Wales Supreme Court Justice Anthony Whealy questioning whether Australia is becoming a totalitarian state.[10]

Witness J was released from custody in August 2019,[11] subject to regular psychological testing and an overseas travel ban.[12]

In 2020 Witness J released the book Here There Are Dragons, based in his experiences while incarcerated in the Alexander Maconochie Centre. Profits of the book go to a mental health charity due to proceeds of crime laws.[13]

In 2023, relevant parties including the ACT Supreme Court agreed to release a redacted version of Witness J's sentencing details. The details revealed: [14][15][16]

• Witness J worked at an unnamed government agency and held a high level security clearance. He was subject to strict requirements.
• His security clearance and employment was terminated, after he allegedly failed to address employer concerns about his conduct.
• Shortly following his termination, J made complaints to the agency via insecure channels.
• Witness J was convicted of using an insecure channel to communicate classified information.
• Sentencing Judge John Burns refused to accept that J was not aware of the seriousness of his actions. But he did accept that J's moral capacity was reduced due to mental health issues. He found J was motivated by anger at perceived unfair treatment, and a lack of confidence in the process available to challenge that treatment.
• Witness J was sentenced to 2 years but only served 15 months.
• ACT Chief Justice Lucy McCallum said that open justice is important and the wholly secret trial should not have happened (describing it as "anathema to the rule of law", but that sometimes some information must be secret for national security.
• Some details of J's case will remain secret for up to 20 years.
• The national security law used to prosecute J in secrecy is being reviewed by the National Security Legislation Monitor (headed by Grant Donaldson) at the direction of the Albanese Labor Government.