Sydney Airport Whistleblower Guilty After Exposing Lax Security

A FORMER public servant faces up to two years in prison after being found guilty of leaking a classified Customs report that led to the biggest overhaul of airport security in the nation's history.

Allan Robert Kessing, 59, sat motionless as the verdict was read yesterday, after three days of deliberation by the jury, shortly after 5pm in Sydney's Downing Centre District Court.

Afterwards, Crown prosecutor Lincoln Crowley said that a prison term was ''on the cards''.

''It's something that could be under consideration,'' he said.

Judge James Bennett bailed Mr Kessing to appear on May 25 for sentencing.

Mr Kessing's barrister Peter Lowe told the court he planned to argue that his client's actions were vindicated by the Wheeler report into aviation security -- an unprecedented review prompted by the leaked information, which was published by The Australian.

The journalists who wrote the reports -- Martin Chulov and Jonathan Porter -- have never revealed the sources and did not give evidence.

Outside court, Mr Lowe said the case was a matter of public importance that had attracted little attention.

''One of the things that will be very important will be how beneficial the leak of the information was about security for Sydney airport and everyone who travels through it,'' Mr Lowe said.

''Ultimately, the judge will make a determination about how significant the report was and what was communicated (but) the Wheeler report will vindicate in a substantial degree the fact that the leak itself, the contents of the reports that were leaked, had a very significant beneficial effect.''

The report of former British transport chief John Wheeler in September 2005 was prompted by reports in The Australian warning of flaws in airport security, organised crime at Sydney airportand surveillance black spots.

Sir John's report prompted the federal Government to spend $200million establishing airport police commands and boosting Customs surveillance.

Mr Lowe said the leak had been vindicated by a number of arrests for cocaine smuggling.

''Ultimately, after the reports were communicated by Martin Chulov and Jonathan Porter in The Australian, it was then that the public in Australia at this time found out what was happening at Sydney airport,'' he said.

Mr Kessing, a member of the Customs Air Border Security Unit until his resignation on May 10, 2005, refused to comment.

Mr Crowley told the court that a deterrent might be needed as Mr Kessing's case was more serious than a recent Victorian case relating to leaked information -- for which journalists Michael Harvey and Gerard McManus face prison terms.

''We're not dealing with something so mundane here,'' he said.

Directing the jury, Judge Bennett had described the evidence as circumstantial but told them not to take into account the public interest argument.

In messages to Judge Bennett, the jury said they had trouble coming to a verdict and sought answers to more than half a dozen questions, the court heard.

The editor of The Australian, Paul Whittaker, said this case demonstrated there was an urgent need for a public interest defence for public service whistleblowers at the federal level.

The Australian Customs Service and Attorney-General Philip Ruddock refused to comment.

Editorial -- Page 15

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