
ยทS4 E294
The cage and the conviction: Peter Greste Pt.2
Episode Transcript
The public has had a long held fascination with detectives.
Detective see aside of life the average person is never exposed to.
I spent thirty four years as a cop.
For twenty five of those years I was catching killers.
That's what I did for a living.
I was a homicide detective.
I'm no longer just interviewing bad guys.
Instead, I'm taking the public into the world in which I operated.
The guests I talk to each week have amazing stories from all sides of the law.
The interviews are raw and honest, just like the people I talked to.
Some of the content and language might be confronting.
That's because no one who comes into contact with crime is left unchanged.
Join me now as I take you into this world.
This is part two of my chat with journalist Peter Gresta, who was locked up in an Egyptian prison for terrorism offenses.
In part one, we talked about Peter's career reporting from some of the most hostile locations in the world, and how is it rested on trumped up charges in Egypt for doing his job.
In part two, Peter spoke to us about his fight for freedom, the ongoing impact from his time in prison and his passion for free speech and the rights of journalists to do their job.
Oh one other thing.
We also spoke to him about having famous Australian actor Richard Roxborough play him in the feature film.
I came away from our chat inspired.
Peter's a pretty impressive person.
Have a listen.
Peter Gresser, Welcome back to part two of I Catchkillers.
I've just made some adjustments to some of the questions I was going to ask you do you shot me down?
And it's probably the most silliest question of asked on the podcast, what happened in solitary confinement?
To which you answered nothing?
You've been so clear.
Can you expand on that?
I joke and we joke about about the time you have in prison.
But I think you've got to see the light in the darkness, and a lot of people have sat in your seat that have been through some difficult times.
You've got to find the human that keep you, keep you surviving.
Speaker 2Yeah, you do.
It's not always easy if you can get into a very dark place.
But I think I found two that it was.
The secret was not to take it personally.
If I took it personally, then I'd get into a very dark, dark place of anger and resentment.
But it was about that.
If I saw it as as as an attack on not on anything that I'd done, but on what I'd represented, then I could say it is something that was that was it was a fight worth worth taking.
Speaker 1I understand what you're saying.
In fact, I pulled the looks like we're working in kohouts here that I pulled out a quote that touches on that.
Then I wanted to talk about that, and you mentioned it in Part one briefly, but just a quote, a quote from your your book which in context was a turning point in prison for you where you thought, Okay, this is what it's about.
Just the quote out and get you to expand on that, if you're could please suddenly.
I find great comfort in our situation.
The idea that we have come to stand for something much larger than ourselves mean we have to fight on behalf of that bigger thing.
It isn't just Peter Grest, Muhammad Fami and Baya Muhammad who are in the cage.
It is every journalist working in Egypt.
More broadly, it's every journalist working with any within any regime that considers using these kind of tactics to silent public debate and critical voices.
Defending that cause is not just a heavy responsibility, it's hugely empowering one.
Now, I think that is to the point that you're talking about.
Speaker 2That's exactly it.
That's exactly it.
It suddenly becomes external, It suddenly takes on significance and meaning that I hadn't that that would otherwise have made the whole time in prison time wasted.
I spend four hundred days locked up.
That would have been four hundred day in my life that I'd never get back.
But in seeing it in those terms, it meant that I it became a struggle for that high principle.
And I remember there's a there's an extraordinary book that I was that I ended up reading in prison once we were alloud, books called Man's Search for Meaning by a guy called Victor Frankel.
And Frankel is an incredible character.
He was a survivor of the concentration camps in World War Two.
He went in as a Jewish neurologist, as a neuroscientist, and so I had a particular interest in the way people's brains worked.
And he wrote the book as a way of trying to understand the differences between those who survived and those who didn't.
And he said that he quoted nietzschee as saying, he who has a why can bear anyhow.
In other words, as long as you have a reason that's externality you for enduring the suffering that you're going through, you can put up with pretty much anything.
He was saying.
It can't be money, it can't be selfish, he said, God sometimes is that provides that, but more often than not, it's survival for a family.
For a lot of the concentration camp inmates, it was survival as a form of resistance to the Nazis, to the genocide that they're experiencing.
For me, it became a fight for press freedom.
Now I know that sounds a little bit pious, a little bit sort of arrogant, but that's the way I came to see it, and that gave me a sense of purpose and meaning and direction and a kind of vision that helped they think, helped me get it get through.
Speaker 1I can understand what you're saying, because it would easily, it would be easy to turn it in on yourself and wallow in the self pity and why has this happened to me?
You're thinking, Okay, there's a broader here, and that can be very powerful to motivate you to find the depth that you didn't think you had.
Speaker 2Exactly.
Speaker 1I just yeah, thinking thinking about it, I think all the way you have to evolve and look deeply into yourself to find find the answers to get through this.
But I just want to break down the whole period of time when you're in prison, and I've got a couple of areas I want to cover to get proper legal representation.
That was a nightmare in itself.
Talk us through that.
Speaker 2Yeah, it was so Al Jazeera hired a lawyer and they were there for a while until they rather spectacularly resigned in the middle of the trial.
Speaker 1They made it very public statement the way it was done.
Speaker 2To extraordinary public statement, and it was very damaging.
But to be honest, Gary, I really I was in a lot of stress around that.
But I also realized that actually our legal representation was beside the point a first year law student could have defended us, that the evidence against us was so paper thin, was not existent?
Speaker 1Really what was it?
Specific charges?
Could break down of the charges.
Speaker 2So we've been accused of aiding and a betting a terrorist organization, being members of a terrorist organization, advocating terrorist ideology, broadcasting false news with intent to undermine national security, financing terrorism.
I mean, these were about as serious as you could get short of actually pulling a pin on a grenade in a crowded room, short of a physical terrorist attack.
We were basically agents of a terrorist.
Speaker 1And the financing terrorism was they found some money that you had that was your living expenses in an area where the cash wasn't going to get you through, and you've got some cash from your employer.
Speaker 2Absolutely absolutely, I mean the narrative I think that as far as I can tell, I never really got to the bottom of it.
But the narrative was that we would occasionally buy footage freelance footage from camera up from guys that were operating that were covering the demonstrations that were either too dangerous for us to get to or that we physically just couldn't didn't have time to cover all of the protests.
And the theory was that those guys couldn't have covered particularly Muslim Brotherhood protests unless they are members of the Brotherhood, and so by paying them for the footage, we were somehow financing terrorism.
Speaker 1It's creative thinking from law enforcement.
Speaker 2It's quite a long bow.
But you know, as far as I can tell, that's how that charge came through.
Speaker 1And did you get to access to your brief of evidence?
Speaker 2No?
Speaker 1No, because that's a pretty much a cornerstone of the legal system here, that the prosecute that makes the allegations and presents a brief of evidence and then you get to who were so sect.
Speaker 2So he's he's one of the things to give you an idea of just how crazy it was to get access to some of the to the images that they had in there in the evidence.
We had to pay for it because there was apparently a processing fee, and we said, look, we wanted we wanted to get all of the images that they had, and the figure they came up with was literally in the hundreds of thousands of dollars.
They couldn't understand it, like, what the how the hell do you come up with with that kind of number, until we realized that one second of video footage it's like film, it is made up of frames of twenty four frames, and so they were counting each frame as an individual image, and so if you wanted five minutes of footage that they had as supposedly as evidence, we were going to have to pay for literally thousands and thousands of images.
Absolutely insane, and of course we coldn't affortunately.
Speaker 1I think you've been unfair there, you alos, so there's foto copying costs.
I'm with you on certain things, but that's crazy, isn't it.
So each each frame of the role of film.
Okay, so you didn't get access to your brief The system I think you described as just it wasn't rigid.
It was just could swing anyway one of them.
It's almost like someone could get up.
And I think there was an example of a witness giving evidence that it really just didn't stand up to any the weakest cross examination, but it was just dismissed.
Anyway.
I can't remember, but you said Peter was here six months ago, when he's we can present evidence that you weren't in the country six months ago, and that's just dismissed with, oh, well, yeah, we all make mistakes, but yeah, move on.
Speaker 2That was it.
We were we'd been accused of being involved with the Rabber massacre, which had happened six months earlier, and at that time I was in Sudan, in South Sudan, and they had my passport that had all of the entry and exit stamps both in Egypt and also the entry and exit stamps into South Sudan.
So it was blinding the obvious, and we were prepared and We're hoping to present evidence of the stories that I'd produced from South Sudan at the time of that massacre.
Speaker 1So I'm thinking from a prosecuting point of view, that would take a hole in the brief a little bit iry to.
Speaker 2Knock the evidence out of court.
But no, they simply said no.
He was questioned about why, about the contradiction.
He just he kept saying I don't remember.
Speaker 1And describe the court saying for us, are you are you in there in the dock?
Speaker 2Are you yes?
So the docs was actually a cage, a pretty intimidating cage, and it was designed it It was a really big court room.
It was more like a theater, sort of raked seating, really really tall, tall, tall ceilings, more like a cathedral.
I guess in a way had that sense of presence, and I think it was designed to give them a sense be intimidating, and as I said, because we were in the cage, I think it was designed to make us look like we were dangerous, dangerous terrorists that were a physical threat, even if we should be, you know, have the opportunity to leap across the court room.
Speaker 1Well, you know, you can't trust these terrorists, so spies, you don't know what's going on.
People that support your family, friends, And how important was that when you're going through the whole process, the prison, the battles through the court, How important to you was the support that and were you were aware how much support you've had?
Speaker 2So they were their presence of physical presence in the courtroom.
My brothers were there throughout the trial.
That was really really important to know that they had my back, that we had people outside in Cairo, outside the cell that were working to make sure that they were doing everything they could, whether it was diplomatically or legally or politically.
You asked, you mentioned about the broader campaign, and I had a vague idea that there was a lot going on, but honestly, I had no real understanding of the scale of the campaign.
Speaker 1You had some very heavy hitters in your corner, not just your corner, the whole whole group of you that got locked up at US.
Even Obama was making comments about it.
And certainly you had the support from over here, from the Foreign Affairs minister and everyone else.
Speaker 2Yeah, we did.
And again I didn't realize it even just just how how engaged Obama was.
I saw him afterwards.
I was at an event in Washington, the FIGE, the White House Correspondence and Your Dinner, and I met Obama before the dinner and I introduced myself and he said, ah, he said, you're that guy.
He said, yeah, you wrote two letters from prison to describing what you were going through as an attack on press freedom.
He said, I saw those letters.
I read them.
He said, they really helped me and understand he said, from that point, he said, I always raised your case whenever I spoke to President CC.
Speaker 1Yeah.
Okay, so you had the support and also your colleagues.
I think your colleagues unified to make sure your story wasn't forgotten.
Speaker 2Yeah, journalists, journalist colleagues around the world.
Yeah, and we were very lucky.
I mean, it was extraordinary the amount of the amount of support that we had.
And that was, you know, partly because I think I and my colleagues family.
We'd worked across a large number of big international news organizations.
I'd worked for the BBC, of course, and for our GAZEA and you know, I had a lot of colleagues.
I'd worked for Reuters, I had a lot of colleagues here in Australia that knew my work.
Family had worked for CNN and others, And so there was a large cohort of people around the world who knew us and knew our work and the integrity of our work.
But it also recognized, as I did, that our case was about them as well, that they needed to fight this on for their own sake as much as.
Speaker 1For ours, and that that support, the external support than from people in powerful positions.
Could that filter through to you?
Did you understand or have you only appreciate it?
You release?
Speaker 2I really only appreciate.
I mean again, I was aware of it, but not I didn't really fully understand it until I was released and saw just how enormous that campaign was and how many people were invested in.
Speaker 1It, the scale of it.
Disagreements with your calcus.
And when I say disagreements, if you put anyone in the room long enough there's going to be disagreements, but there was a couple of things about the strategy, So the way that you should approached do you want to just break that down and.
Speaker 2So as you say, you when you're twenty three hours inside a concrete box with somebody, then you're going to find their edges.
And that's how it was.
For It was very, very difficult to be stuck in that kind of environment.
We didn't know each other beforehand before I arrived in Cairo, so you're still just getting to know each other when you're in that environment.
But Famy in particular and I had very very different understandings of what was taking place.
Fami saw this as political.
He saw what was happening as the result of Egypt's suspicions about Katari interference in Egypt.
The Katar had been accused of supporting the Brotherhood.
Because we worked for a Katari organization, we were therefore a part of that conspiracy, and Fami felt that if that was the case, then the solution was to distance ourselves from Qatar, from our Jazeera and to align ourselves as with Egypt to make up to portray ourselves as friends of Egypt.
Fami felt that that was to play the political game that was inevitably the real reason why we were there.
I didn't see that.
I saw this as an attack on press freedom.
I felt that if there was, if there was genuinely an issue around Katari malfisans, and I was the last person to come after to make that case.
There are plenty of other Al Jazeera journalists who had much deeper connections with the Brotherhood.
No, none of them sinister, but you could easily, much more easily have made a case that it had nothing really to do with the evidence or to do with Katari interference.
Again, if you wanted to make that case, then an Australian journalist had only been in the country for a few weeks was again not the right person to make that case.
And so I felt that this was about press freedom.
They came after us because we were politically convenient, because they had that narrative.
But I felt that we needed to fight this on as an attack on press freedom.
And the problem is that those two narratives were irreconcilable.
You couldn't run those defenses in parallel.
You couldn't start down nine track and you couldn't start down one track, and suddenly change course and so, and the stakes were really really really high, Like if we got this, got this, got this debate wrong, if we got the strategy wrong, then we were going to We're going to suffer for it.
Fami, I thought Famy was being really cynical in playing, in playing that political game and dangerous.
Family thought I was being hopelessly naive and taking a very Western view of a fundamentally Arabic Middle Eastern crisis.
Yeah, it was we we we came.
We came almost to blows on a few occasions, very very.
Speaker 1Tough after you were convicted, because the sequence of events in the custody time you were in custody, You went to trial, you were convicted of it, and then you had an appeal coming up, or you had to lodge for an appeal, waited a month or so to find out whever that appeal would be allowed.
And there was some very heated discussions as I understand, about whether they go on the hunger strike, and that not just one, but many of the people that you were with thought that would be the way to let's force this issue.
We're not staying here any longer.
Well to talk us through that, because that's a that's a heavy that was.
Speaker 2That was another very very difficult period.
So I spoke I mentioned earlier Abdolfat, who was this incredible guy I met at Lementorum, one of the earlier the first prison that I was in, and he knew and understood about hunger strikes, and a couple of the points that he made was that if you're going to start a hunger strike, you have to have the moral high ground, you have to have all of the process on your side.
You've got to be demanding only things that the authorities have the capacity to give you.
You can't simply demand free because they're not going to do that.
They're never going to do it.
If they acquiesce and they give you your freedom because you went on hunger strike, then every prisoner was going to go.
Speaker 1That makes sense.
That makes sense.
Speaker 2So you've got to be You've got to be demanding things that are achievable and that are your rights to have.
The trouble was that the process, the trial and our appeal dragged on for such a long time that a lot of the other guys that were in our case were wanting to go on a hunger strike.
They felt that all of our supporters.
They said that all of our supporters outside prison are fighting for us.
We have to fight inside.
We have to be seen to be doing something inside as well.
We're demanding our freedom.
And I could see why they were frustrated, why they wanted to do it.
But I felt, I agreed with the love that the timing was wrong.
We were still within the process.
We were still within the time frames for that process to play out.
It was dragging out forever.
And even if we didn't consider that they were being serious, that they were just stringing us along, it was too early to start a hunger strike because we couldn't.
They were never going to give us what we were demanding.
It was.
It was performative, and I didn't I disagreed with it.
But the trouble was that I also knew that if I joined the hunger strike then it would get huge amounts of potential the white guy, because I was the white guy, I was the outsider.
If they went on the hunger strike without me, it would have been a meaningless it would have it would have disappeared into the footnote in the in the local newspapers.
Speaker 1It was a hard position to be in for yourself.
I agree with your logic and one hundred percent agree if you're going on the hunger strike, but they're simple responsible.
We're waiting to see if the appeal comes up or they're not going to just open the prison doors.
Speaker 2Exactly.
You're being you're being petulant, you're being premature, you're being ridiculous.
You've got no rights to demand this.
Speaker 1But your the strength that you had was in the unity.
And then if the others went on the hunger strike and you didn't, yeah, I would make life very hard for you.
And if you spent spent the rest of the time locked up with these people.
Speaker 2And that's not to say I was afraid of the hunger struck, and in fact, on the day that I was released, I was.
I decided that we have to start a hunger strike because the type that moment had come that there was an appropriate point in which they were screwing.
I was convinced I was screwing around it.
Speaker 1That's when the appeals gone through and the conviction was upheld.
Speaker 2That's right, Yeah, the conviction being overturned.
Retral had been ordered, right, Sorry, So to walk you through it that basically we'd been a cute we'd been we'd been.
Speaker 1Convicted, yep.
Speaker 2We appealed the conviction.
We won the appeal yep.
Although the Courtifussation agreed to hear the appeal.
When they finally heard it, they overturned the conviction on a technicality in order to retrial.
We weren't released.
We're still in prison, but they'd ordered a retrus starting again the courts exactly the whole process again.
The courts had thirty days to name a new date for the start of the retrial, and at day thirty one we've still heard nothing.
And that was the point at which I thought, right, this is the moment we have to start the hunger strike because they're screwing around with us.
We're now in in clear clear air that there's no process left for us.
Speaker 1We have got a legitimate cause, We've got a legitimate egible that you could criticize and say, this has been done to us.
Speaker 2This is why we're on strokes exactly, we demand our rights.
Right.
But up to that point I didn't see that we had we had that moral high ground, we had that that that right, that opportunity to actually start the hunger strike.
Speaker 1Well, you were taking it seriously.
You even talked about, and I didn't realize this.
With a hunger strike, you're better off preparing yourself before you start the strike, because if it's just cut off you straight away, you're going to do more damage than if you were Wean yourself off food before you start the hunger strike.
Speaker 2Yeah, absolutely, your body has to.
You have to ease your body into it.
If you simply go cold turkey on food because people seem to think that you've got a sort of stock of energy, then it helps you.
Helps you run run into the into.
Speaker 1A huge meal and they just stop eating.
Speaker 2Doesn't work well.
Speaker 1It learns your parents came to visit you.
That must have been hard for you.
Had your your brother's support and the other family members.
But when your parents came there, But how was that for you?
Speaker 2That was really hard because and it was hard for everybody really.
They were only able to visit once every two weeks, and even then only for about twenty minutes, and you've got no time.
It's always a stressful experience and for them, I'm aging Granny and gra GRAMPI.
Getting around Carr to start with is tough, but also going into prison, going through all of the security checks and so on.
Is really intimidating to get into tour, and it's a it's a whole it's a whole day's mission.
They stand around and queues for hours and hours in the blazing sun.
You've got to be moved from from the outer perimeter to the inner perimeters, and you're going through countless searches and questions and papers and so on.
It's a very very intimidating process.
And so by the time you get in, they're stressed.
I'm stressed because I'm worried about them.
They see my stress, and so what you have is this really emotionally intense moment, and that's the lasting impression that you've got.
You've got nothing, no, nothing to correct it, nothing to say, Look, they're actually okay for the rest of the two weeks until you get to see them again.
Speaker 1I'm not nothing to aid here, because I can just imagine what you go through with that.
That must have torn you apart inside.
Soon your parents go through that.
So you talk of your release, let's complicate it in itself.
But you explained that the appeal that's gone past the thirty days you were okay.
I've got no legitimate argument not to join this hunger strike now, So that was your mindset and what changed and how did it change?
Speaker 2I got no idea, so I decided.
I woke up that morning realized it was day thirty one.
I've been contemplating before.
I felt, if we get to this point, then we're going to have to start a hunger strike.
And my brother was due for a visit that day, and so they opened up the cell door and I was going to I was basically running in the corridor for exercise, and as I was running, I was just thinking through the conversation I was going to have to have with my brother to let him know.
When all of a sudden, one of the guards weighs me down and says, the boss needs to see you.
The warden needs to see you.
I remember thinking, okay, I'm saying to him, I'm going to have to change, because it was part of the prison protocol that you don't go and see the warden in this stinky running clothes.
You get changed into basic prison whites.
But you know you've got a basic show respect.
And he said, no, no, no, go now the boss he's outside in the courtyard.
So I went out and he said to me, he said, I've got news for you.
I said, what.
He said, I'm pack your things.
You're you're you're going.
I said, what do you mean?
He said, you're moving.
I'm moving prisons.
So I've been in every damn prison in your system already.
And he said, no, no, no, no, no, you're going home.
The embassy is going to be here in half an hour.
Get going, Pack you pack your gear, yellow, get going.
That was it was.
It was completely discombobulating and emotionally really really difficult because I Gary, I think of it a little bit like Christmas, right, You know, if you're a kid, you're heading up to Christmas, you think about it, you get excited by it, you kind of think about it, your fantasize, your imagine one's going to be like you wake up but you can barely sleep the night before, you wake up at six in the morning and leap up and dive into the presence and you have a great time.
But imagine if all of a sudden you wake up and there are these things at the end of your bed and you're.
Speaker 1Just looking around, Look at what the hell's going on?
Speaker 2Are these really for me?
Am I going to get into trouble?
If I if I, if I touch these things?
Is this some kind of sick joke?
What's what's going on here?
It was a bit like that.
It took me a while, It took me a long time, like days before I realized that actually, this is this is real, this is true, This is this, this, this ordeal is over.
Speaker 1I can imagine when when you were told or when you're informed of that they asked you not to tell your fellow inmates that you're going, just that I'm going to another prison.
You made the decision to tell.
Speaker 2I had to tell.
I can't.
Speaker 1As I was reading your book, I'm thinking you're a low life if you don't tell them.
But I think their reaction speaks a lot to the of people that you're in there with.
Speaker 2Well, I was.
I was really really emotionally torn up because I felt so guilty, so guilty about leaving them behind because I was again and you mentioned this earlier, but I was.
I was released because I was the white guy, because my name was Peter and not Muhammad, and I carried that, I really did.
I didn't feel it was right for me to be leaving in those guys still to be stuck and stuck inside but we'd also we had talked about it about the possibility.
We knew it was always there was always a chance that would happen.
And we realized that any of them guys left behind, the last thing they would want is for the person not to leave.
You couldn't refuse to leave, You couldn't sort of leave your fingernails in the doors in the c in the door of the prison cell.
But nonetheless it was it was still a difficult thing.
But they they, they all were so overjoyed.
I was so overjoyed.
But the thing we also agreed in the previous discuss was that if someone was released and they would become the most vocal advocate, that's a spokesman for those for the rest of us who have been left behind.
And that's that's what I decided.
Speaker 1To do, because I could imagine, you've been through so much together of the highs and lowers and basically survived, and then you're walking away in that sense of survivor guilt, I suppose to a degree, out of the prison.
When are you're taken virtually from there straight to the airport, straight to the airport, What year, at what date was it that you came back to Australia.
Speaker 2So I was released on February first of two thousand and fifteen, and you're back in Australia I think it was.
It was about three days later, it was about the fourth I think.
Speaker 1And explained to me, you're deported, but you were meant to continue your sentence over here in Australia.
But there was a brief of effidence to start with.
Speaker 2Yeah, exactly, I mean, that's that would have been confusing, but it was.
It was part of the fiction of the way that my release had been negotiated.
The President CC had passed a decree giving himself the power to deport any foreign national who was in that prison system to complete the judicial process in their country of origin.
Speaker 1Okay, so that's the basis of which that's.
Speaker 2The basis on which he kicked me out.
Now, of course that in terms of international law, that's meaningless extradition treaties.
You can only move a prisoner from one country to another with an extradition treaty, and those are really complicated legal agreements, international agreements.
They take years and years to negotiate.
But in this case, my lawyers apparently drafted a document that basically said that I was being released to complete the judicial process as far as the Egyptians were concerned.
It was to complete the trial and then sentence, presumably in Australia, as far as the Australians were concerned.
And you'd understand this, there was no brief of evidence, There was no file that as far as the Federal police were concerned, I was.
There was no evidence that I was.
Speaker 1Enty you in the court system here.
Speaker 2Nothing not even no no, even no reason to pull me in for an interview, and so there was no judicial process to complete.
Speaker 1Okay, so you're a free man, but also still a convicted men.
Yeah.
Speaker 2Yeah, because after the retrial, the retrial was announced a couple of days after I was released, the cold accused, you have the co accused in Egypt, and when the trial began, I was named still as a defendant in Absandia.
At the end of that retrial, we were all reconvicted, given fresh sentences.
We maintained I maintained the campaign to release my colleagues and they were eventually pardoned and released about three weeks after they got that conviction.
But the pardon didn't extend to me.
So I'm still technically convin to terrorists.
Speaker 1How said the impact on your travels, It's made it tough.
You'd have to tiptoe treaties with Egypt.
Speaker 2Any country that has an extradition treating and there's one treaty that covers the whole of the African Union from Cairo to Cape Town, which made it almost impossible, not almost made it impossible to do my whole job.
Speaker 1As a common sense would say, it wouldn't be invoked, but you would not dare play with it would.
Speaker 2And even if it wouldn't be invoked, I knew that I'd be in a position of thinking, well, do I do the story about the missing millions from the President's office or do I do a story about the elephant translocation.
Yeah, and you know, I'd like to think I'd have the balls to do the story about the corruption, but that extradition to Egypt would always be hanging over my head and I'm not sure that I'd do it.
So, yeah, it was always going to compromise my work.
Speaker 1And but for yourself, like as a foreign correspondent that, yeah, journalists.
Speaker 2That I need.
I have to have that ability to travel freely, and terrorism conviction just messes with that.
Speaker 1Yeah, I can imagine how difficult would we try to explain that one way I can explain recording a conversation on the telephone when your cower cubes were released?
How are you informed?
And how you this is fun?
Speaker 2Yeah, you kind of You've done your research.
You know the story.
So I've been invited on and this is going to sound like a really weird kind of way into the story, but I promise you it's true.
I've been invited onto the Chass media circus as a as a as a kind of guest, as a guest to that thing, and it was a it was a great show.
I really enjoyed it.
At the end of the show, we're all gathered around, they had this sort of pun session, and it was the show ended, the applause died down, and all of a sudden, one of the producers walks up with are still on camera the studio and still there, and he hands me that a phone and I look at the phone and it's a tweet, a single tweet that says that Muhammed Fami has been released, has been pardoned and released.
And I'm standing there in front of this wondering is this some kind of joke I've got the audience there, I've got all of the other all of the other people that were on the show standing around me looking at this thing.
I'm speechless because it's you know, as a journalist, you don't go with just one source, and certainly not some random tweet.
I don't know if it was true.
I didn't know any of this stuff, and all of a sudden, one of the other guys sort of filled the void as I'm trying to think what do I do?
What do I say?
And reads out the tweet and I simply have to say, well, if this is true, and god, I hope it's true, then this is this is what we've been fighting for all of this time, and the whole, the whole audience just erupts in cheers.
Speaker 1That I'm sure that that put the final or not the final piece, because you're going to carry it for forever.
But that must have made you feel like you've really got your freedom when your cacus were out, I would imagine it would have been hard everything joy that you're taking in life, thinking if they're still.
Speaker 2In that yeah, yeah, And that was that was the moment that I realized, and it eventually it became clear that it wasn't just fa me, it was both both of them had been had been released.
It was an extraordinary moment.
Speaker 1Were you surprised by the interest when you got back to Australia because I think you was Cypress You went to for a couple of days to decompress.
Speaker 2Yeah, I went to Cyprus.
That was part of the advice from from some people who knew and understood how these things go and advise, just to just to collect my thoughts, just to speak to our Jazira, just to kind of have a moment on my own.
And so I figured it was about a couple of days, three days by the time between the moment I've been released the moment I got back to Australia and I figured, well, it's old news.
They've reported that I'm out.
I was due to fly back.
I was arriving back in Brisbane on a Wednesday morning, I think at two am.
I thought, nobody's going to show up at the airport, and then maybe a couple of insomniac photographers who might show up just to try and get a photograph, but that a bit.
Maybe some of the morning TV news programs might send a crew, but nobody else, and it was just mind blowing.
It was insane.
There were hundreds of well wishes, of camera crews, of photographers, of journalists.
It was just nuts, this huge, huge welcoming party.
Speaker 1And what did you do when you came out of the gates.
Speaker 2I just remember but punching the air and I saw some friends in the crowd who hadn't seen for years and years and years.
I went and embraced And you know, I said then that because at that point my colleagues were still in prison.
And the one thing I said was that if if it's right for me to be free, then it's also right for my colleagues to.
Speaker 1Be amazing, amazing story lessons lessons learnt from it from yourself before we go going to that media being locked up, and I saw you had figures at the end of the film, the correspondent figures about foreign correspondence journalists locked up.
And I think that it was in excess of four hundred and forty seven countries or something like that.
Speaker 2Well forty It was record numbers in prisons in countries all over the world.
That the numbers of journalists have been murdered for their work is at record highs.
The numbers of journalists behind bar are also at record highs, and this has since the CpG, the Committee to Protect Journalists to be tracking the numbers, and they started in nineteen ninety two, I think it was, and so yeah, it's the highest that it's ever been.
And curiously, the CPJ calculates or assesses the charges that the journalists are facing, and they reckon that around three quarters of them, two thirds to three quarters are there on what they loosely describe as as anti state charges.
So that's things like sedition trees and terrorism threats to national security, which circles back to what I was saying to you earlier in the first part of the podcast, where we were talking about the ways in which governments have used national security to come after uncomfortable journalism.
Speaker 1And that's a big umbrella to pull over is security that could cover so many different.
Speaker 2Things, so many, so many things, and see secrecy provisions exactly.
Speaker 1Now.
Speaker 2I'm not saying, and again you'd understand this well too, I'm not saying that it's there aren't times that journalists violate national security and really place national security at risk.
I'm not saying that journals should have the right to publish whatever they want.
But governments have been using security legislation to silence uncomfortable journalism, to accuse journalists of being involved in acts of terrorism or treason or espionage, and using that national security rhetoric as a way of shutting down journalism.
And I think that is a really dangerous trend that we've really seen takeoffs since nine to eleven.
Speaker 1And how we can how can we prevent that law?
What can be done?
Speaker 2Well, A part of it is being aware of it and pushing governments to push back.
In Australia we have we've got those problems as well.
Speaker 1Yeah, talk through that because again the war on terror and metadata that people can get access to, and my take on it is that they can attack the journalist's source with the metadata, find out who if you broke a story and I'm in the police or security and we want to find out who you've been speaking to, where the leak came from, the metadata would track it back for us.
Speaker 2And maybe I should explain what metadata is metadata.
George Brandish, when he was introducing the Data Attention legislation, famously just and rather cavalierly described it as the outside of the envelope.
In other words, it's not the contents of communication, but it's all of the details around it.
It's who you emailed or texted or called when you sent those emails, where you were at the time, all of that kind of data.
The websites that you're browsing history, and even though they don't know, the authorities don't know, can't investigate the contents.
It's very easy to cross reference.
As you said, if there is a leak from the government, you don't have to dig too far to find who has been the Jones break down.
Speaker 1If you're reporting on a police story and I'm still in the police and they want to know where the sources and they look at your phone records and you've been on the phone to me or texting me, so yeah.
Speaker 2Yeah, exactly.
Or if you if you make a phone call to a medical clinic, to a doctor, you have a Google search for sexually transmitted diseases, and then you've got a visit to a chemist.
It's pretty clear what's going on.
You know, you don't have to be.
Speaker 1You don't have to bring that example up.
Speaker 2And yeah, it's very easy to cross reference those bits ab and so again we're saying not that the journalist relationship to sources is really crucial to allowing journalists to do their jobs in holding governments and officials to account.
I think best known example, and perhaps the most egregious example in Australia is the case of David McBride.
The Australian Federal Police raided the officers of the ABC looking for evidence of the sources to the story that became known as the Afghan Files.
This was evidence that the ABC published of war crimes by Australian special forces in Afghanistan, murders of civilians.
If the ABC is publishing allegations of that our soldiers have committed war crimes are murdered civilians in our name, that is crucially in the public interest.
Right.
What we saw was the Federal Police going after the source of that of that story.
Now, I think there's something fundamentally messed up in that world where yes, the ABC did rely on classified information and that's a crime revealing classified information, but there is equally there is a public and so there's a public interest in prosecuting that leak.
But there is equally a public interest in the story that the ABC published.
And the ABC was never going to be able to get that story without without that that classified information.
And so I'd say, you've got to create a mechanism to weigh up these competing public interests.
And sometimes the public interest in publishing information is going to outweigh the public interest in prosecuting Aleika.
Speaker 1And quite often on that aspect of publishing, we're talking public servants to say it to serve the public.
I'm a big believer in that.
I can only talk on my area that I understand in policing, like some of the things that were shut down because I didn't see this as public interest.
It was going to be critical of the police and shut down.
And the three pillars of journalism about the truth, accountability, and objectivity is that the I saw in policing Crewer.
So I'm talking at this level, not national security, in policing, and I've seen it now working in journalism.
There's some journalists that carry favor of the police and get stories given to them because they don't criticize the police.
And I don't like that.
I think, yeah, transparency is important.
Speaker 2And you'd understand as a cop too, it's really hard when you've got journalists set on your back but it's also really important in keeping the system honest.
Speaker 1Well, I think we're seeing with podcasts and different things, a reference like Teacher's Pet, where the police weren't going to talk about talk about that case, but when the public started talking about Headley Thomas started broadcasting about it, Okay, people start to become accountable and things get done.
I do see the importance of it.
And you're talking at such as scale countries go the war because of misinformation.
Reference back to what you were saying in earlier on you had a sense of responsibility in Afghanistan because there's only a few of you reporting what was happening.
Speaker 2So yeah, and this is why I believe in the work that the journalists do and why I believe that it should be protected.
Now, I recognize and you mentioned journalists that curry favor with the cops to keep those lines of communication open.
I recognize that not all journalists work with integrity.
I completely understand that, and the industry has a lot of work to do to recover public trust.
But fundamentally we need it to keep our system on us, to keep the system of accountability going, to keep vigorous, well informed public debates happening.
Imagine a world where we don't have good journalism, where we depend on our understanding of the government, of what takes place in government, on the tweets and social media posts of our politicians and public servants.
That that that's not a world in which I feel I had a great deal of confidence you know, I'm with you, and so fundamentally we need to protect it.
Australia doesn't have any constitutional protection for press freedom.
Speaker 1I picked that up in preparing for this that Australia is almost unique in that situation that we don't have that.
What are you suggesting that would be something?
Speaker 2I'm suggesting a Media Freedom Act.
We're not going to get constitutional reform.
We're not going to get press freedom written into the constitution.
It's very so difficult in Australia.
But an Act of Parliament can do that job.
Doesn't have to be massively complicated.
The Human Rights Acts in Queensland, the Act and Victoria say three very simple things.
They say Parliament has to always consider human rights when they're passing new legislation.
In other words, they've got to always factor it in as much as possible.
Protected that the courts have to interpret existing legislation in ways that are consistent with human rights.
Even if there's no explicit thing that says that the cops can't beat up a ten year old, you still can't beat up a ten year old to break it all then, and thirdly, the public servants have to act in ways that support human rights.
Now, I think if you simply replace the words human rights with media freedom, then you're in the ball park of where we need to be.
That you have to the Parliament and the courts have an obligation to consider the importance of media freedom when they're dealing with that, when they're either creating legislation or interpreting and implying it.
That's the key.
Doesn't always have to privilege everything else.
But you've got to have an opportunity to recognize that public interest in the work that journalists do and weigh that against the more established public interest in prosecutions.
Speaker 1And now I'm with you one hundred percent on that.
And I always said when the doors are closed to the court and the media are excluded, there's usually no good that's going on in there.
Times need to be have the media excuse and matters can't be reported on a non publication, but invariably public would be outraged and shocked if they knew what was going on when those doors are closed.
Yeah, there's a lot, a lot to be done.
Well, I'm glad you've had your rest for four hundred days in your prison, sitting there meditating and playing bang gabon and everything else that you're doing.
What are you doing with yourself now?
Speaker 2So I'm an academic and the media freedom a I'm a professor of journalism at mcquarie University, and I also run a not for profit organization, an advocacy group called the Alliance for Journalists Freedom.
And in fact, that idea of a Media Freedom Act is something that's right at the very top of our agenda.
Speaker 1Where would people find find that.
Speaker 2Our website Journalists Journalists Freedom don't come.
They've We've dripped, We've drafted the act.
We're also setting up a professional association for journalism.
We think that if we're going to give journalists rights in law, then we also they also need to take on responsibilities through a more rigorous system for self regulation.
And we think that helps everybody.
It makes journalism more trustworthy.
It means people have more confidence in journalism.
They can identify good journalism, journalism that's produced in line with a code of conduct, a set of ethics and standards.
But we also think it's important to have that enshrined in law to make sure that the kind of erosion that we're seeing taking place is stopped.
Speaker 1Well, I'm sure your students are getting a lot of inspiration from having you speak to them.
Are you enjoying training future?
Speaker 2J I miss I miss my old life terribly, right, I miss being a foreign correspondent.
That identity was really deeply embedded in my own DNA.
But this is a pretty good plan.
Speaker 1Be Yeah, I'm happy for you that you've found that you've said that you've missed your former occupation as a foreign correspondent.
Do you have regrets that you ever took up that offer for the three weeks?
Speaker 2No time, No, no regrets at all.
I mean I could.
To have to have a regret implies that I might have made a different decision under the same circumstances.
And I would never have done that, you know I would.
I would never have gone.
I wouldn't wish prison on my worst enemy.
But at the same time, to say I have regrets would suggest I did something wrong.
And I didn't.
Speaker 1And so no, okay, I'm not going to let you go until we talk about your your movie and Richard Roxburgh playing playing you?
Was he your first choice?
Speaker 2And how do you two get I don't tell Rocks, but my first choice was was Chris Hamsworth.
But okay, hysterical laughter wasn't the response.
Speaker 1I can see where you're coming.
Speaker 2You can't see you can't see it, Hamsworth sitting here.
Speaker 1The likeness is when you got out of prison, but clearly workouts that you were doing.
Speaker 2But no, I didn't look as I think you might have mentioned earlier.
I couldn't.
I couldn't really get Cleaver Green, the character from Rake, out of my head when I knew that Richard Richard was being considered for the role.
But he is an extraordinary character actor.
He's one of Australia's finest.
And the more I got to know him and see his performance, the more I realized that, actually I think he had it nailed.
As he said, he wasn't trying to do his version of Peter Grestor, he wasn't trying to impersonate me.
And when he said that, I remember thinking that feeling a huge weight off my shoulders because it meant I didn't have to see some weird quirk of myself was being portrayed accurately on screen, but it was more of a feel alike rather than a look alike.
And I think he got that feeling really nailed.
Speaker 1Ye, well, it would have been an interesting, interesting experience for you.
Speaker 2It was.
It was fascinating, but it was also again, just to quote kriv Standards the director who said, look that they weren't trying to I struggled a lot with the idea of seeing myself on screen on the big screen until I realized that it's not me up there.
It's this guy that has my name that's going through that story.
But it's an artistic interpretation of my story, and it's been through countless hand layers of artistry.
The scriptwriter, the director, the actors, the crew, the set designers, the editors.
All of those guys have had their own artistic interpretation.
So what you see on screen is is that there's a result of nomination of that work.
As Crip said, it's not a photograph, it's a painting, and so I think it's a pretty it's a pretty damn good painting.
Speaker 1Okay, But it's another good way of getting the message out, another medium forgetting getting If.
Speaker 2It makes people think and talk about the first and foremost I think I hope you agree it's a damn good drama very much, but I think it also has that it provokes conversations around the importance of media freedom and what's been happening to journalists.
Speaker 1Yeah, well, I think it's time to time to wrap up.
I've enjoyed this chat obviously, and just keep up the good work.
I think it's amazing the career that you've had.
I'm a bit jealous, like if someone said to me, what would I would like to be in all honesty, and I think I was obsessed with George Nigas when he was a foreign correspondent.
I wanted to be on a jeep with a scarf round and traveling through a war one a foreign correspondent.
But what a fascinating career you've had and experiences you had in the way that you've come out of it.
Also, full credit to you, and I've enjoyed having you on I Catch Killers and that exclusive group that you've got.
Now not only you all working at Macquarie University, you've been locked up overseas.
You've also also appeared on My Catch Killers, and.
Speaker 2This is probably the defining moment for all of us.
Then the herd could die him in