A Canberra lawyer and his client, a man known only as "Witness K", have been charged over revealing that Australian spies bugged one of the Asia Pacific region's poorest neighbours 14 years ago during negotiations for an oil and gas treaty.
The then Howard Coalition government was in negotiations with the East Timorese government in 2004 for oil and gas reserves in the Timor Sea. At the time they were estimated to be worth $40 billion, and East Timor is one of the poorest nations in the region.
The East Timorese cabinet rooms were allegedly bugged by Australian Secret Intelligence Service (ASIS) officers under the guise of aid assistance, and transcripts of the conversations were delivered to Australia's negotiators.
The operation came to light in 2012 when the agent who oversaw the operation went to the East Timorese government with the revelations, which then confronted the then Gillard Labor government.
In 2013 East Timor took Australia to The Hague over the actions, aided by Canberra lawyer Bernard Collaery and Witness K.
Media would risk prosecution by naming him, but in 2013 it was reported that Australian Security Intelligence Organisation (ASIO) officers raided Witness K's home, took documents, and cancelled his passport, thus preventing him from travelling to The Hague to give evidence.
Now Witness K and his lawyer have been charged over revealing the operation, as independent MP Andrew Wilkie revealed in parliament on Thursday.
"The Commonwealth Director of Public Prosecutions has filed criminal charges against Collaery and his client," he said. "This is obviously an insane development in its own right, but an insane development made all the more curious by Australia's recent commitment to a new treaty with East Timor. It seems that, with the diplomacy out of the way, it's time to bury the bodies."
Wilkie accused both Coalition and Labor governments of covering up the scandal.
"That's what happens in a pre-police state, where, instead of a royal commission, they lock up people who more likely deserve the Order of Australia," he said.
In a statement yesterday attorney-general Christian Porter confirmed that the two men had been charged under section 11.5 of the Criminal Code, and section 39 of the Intelligence Services Act for conspiracy to communicate ASIS information, and that he had signed off on the Commonwealth Director of Public Prosecutions' request to prosecute.
"Accordingly the director sought my consent to that decision to prosecute, which consent I provided," he said.
The men could face up to two years in jail. A directions hearing is listed for July 25.