A former Australian intelligence official who took "significantly sensitive" classified documents home to work on them nearly two decades ago has been fined $7000.
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Robert Thomas Uren, 73, had pleaded guilty last month to three charges of unauthorised dealing with records, after a raid nearly five years ago uncovered classified material at his Kingston home.
Magistrate Glenn Theakston fined Uren and recorded convictions against him on Tuesday, saying that Uren was not in a position to commit the offence again but there was a need for general deterrence.
The first two charges related to the unlawful retention of Office of National Assessments records, while the third charge related to the unlawful retention of Australian Security Intelligence Organisation records.
Mr Theakston said retaining the documents was like possessing a dangerous weapon with no intent to use it.
"And if the weapon then fell into the wrong hands the dangers and risks may manifest," Mr Theakston said.
Mr Theakston imposed a fine of $5000 on one charge because of the nature of the documents involved.
"There are a number of documents that could be described as being significantly sensitive with significant consequences should it become known to the wrong people," he said.
The two other charges both attracted fines of $1000.
Mr Theakston said the offending indicated a breach of trust and people who can access classified material had ongoing obligations to protect that information.
"The obligation to protect the material is ongoing, well beyond finishing that work," he said.
Uren's barrister, John Purnell SC, previously told the court his client took the documents home to work on them and was surprised to discover they were still in his possession 14 years after he left his intelligence position.
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On Tuesday, Mr Purnell told the court Dr Geoff Raby, a former Australian ambassador to China, provided Uren a character reference, saying it was not unusual for officers to take documents home to work in the evening.
Mr Theakston said he could not accept it was a common practice to take classified material home but he could accept senior professionals would take work home with them.
An Australian Federal Police officer previously told the court there were no allegations that Uren had communicated the sensitive documents to any other parties.
Uren was an assistant director at the Office of National Assessments, the prime minister's intelligence analysis agency, until his resignation in 2001. He worked at the Department of Foreign Affairs between 1974 and 1994, with secondments to the Australian embassies in Beijing and Washington.
While Uren was initially charged with 29 breaches of secrecy laws, he pleaded guilty to only three rolled-up charges in the ACT Magistrates Court last month.
Uren was charged on October 16, 2019, after new laws made it a criminal offence to retain classified documents. The court heard it was not a crime to take the documents when Uren did so, but it became an offence to retain the documents when the legislation changed.
Mr Purnell told the court Uren's case should be discharged without proceeding to conviction, owing to his previous excellent good character.
Mr Purnell said it was "clear Mr Uren is passionately loyal to Australia and has always worked hard for Australian interests".
Mr Purnell said friends and former colleagues had provided testimonials to Uren's good character and loyalty to Australian interests.
Author Tom Keneally, who has known Uren since the 1970s, said Uren always had passionate about the interests of Australia, Mr Purnell told the court.
Mr Purnell said a forensic psychologist had found Mr Uren was suffering from a major depressive disorder and had been shunned by friends and former colleagues after his house was raided in October 2015.
Mr Theakston accepted Uren's good character references.
"Mr Uren's is one of the stronger characters I've seen come before this court," he said.
Prosecutors told the court Uren likely knew he had classified material in his possession, which had created risks the documents could be released.
Uren appeared to have retained the material for personal academic use, prosecutors said.
Both Uren and Mr Purnell declined to comment outside the ACT Magistrates Court.
Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
