Police won't charge News Corp journalist Annika Smethurst
by Tom McIlroyThe Australian Federal Police has ruled out charging News Corp journalist Annika Smethurst, more than a year after her home was raided over intelligence leaks.
AFP deputy commissioner for investigations Ian McCartney said on Wednesday the political editor of The Sunday Telegraph and other News Corp Australia mastheads would not face prosecution over stories based on "top secret" information.
There was insufficient evidence to prosecute Ms Smethurst or anyone else, despite the case involving a serious breach of national security.
"No one will be prosecuted in relation to this unauthorised disclosure," Mr McCartney said.
Ms Smethurst's Canberra home was raided in June last year over an April 2018 story revealing a government proposal to expand the powers of Australian Signals Directorate to allow the intelligence agency to work domestically.
Last month, the High Court ruled the AFP was not entitled to seize material from Walkley Award-winning journalist's home because the warrant was too imprecise and "impossibly wide".
It opted not to grant an injunction that would have required the AFP to return or destroy the data, because of the prospect that charges might still be laid against her and others.
Mr McCartney said said the seized information was reviewed after the ruling, allowing investigators to rule out prosecution.
The 2018 story included images of a letter sent by Home Affairs Department head Michael Pezzullo to Defence Department heads which proposed giving the ASD powers to obtain emails, banks records and text messages if their respective ministers gave their approval.
Under current laws, only the federal police and ASIO can conduct surveillance on Australians, with ASD's role limited to providing technical assistance.
Defence Department boss Greg Moriarty, Mr Pezzullo and ASD chief Mike Burgess rejected the report at the time, saying in a statement "there is no proposal to increase the ASD's powers to collect intelligence on Australians or to covertly access their private data".
The Canberra raid was followed by an AFP visit to the ABC headquarters in Sydney, as officers sought material related to accusations that Australian soldiers had executed Afghan prisoners. The warrant was held to be valid by both the Federal Court and the full Federal Court.
News Corp Australia and the journalists' union the Media Entertainment and Arts Alliance said the raids were an attack on press freedom.
Mr McCartney would not say when an investigation into the two ABC reporters would be resolved.
"We are moving as expeditiously as we can," he said.
Attorney-General Christian Porter said it was "frustrating" the matter had taken so long to resolve. He said the AFP would have to explain the timing to the government.
"A complaint was made independent of government, as it should be," he said.
"I share a level of frustration as it was that it took so long to resolve but they are decisions that quite properly in our system are made at the momently independent of ministers in executive government."
Opposition frontbenchers Kristina Keneally and Mark Dreyfus condemned the raids.
"Labor believes journalists should never face the prospect of being charged, or even jailed, just for doing their jobs," they said in a statement.