100%, it's total BS! Kafka coulnot have come up with this farce.

Remember how in November the court ruled on the definition of 'duty'? Michael West reports that if McBride gets a prison sentence on Tuesday, there will likely be an appeal:

If there is a custodial sentence, sources told MWM the defence is likely to appeal on grounds that Justice Mossop’s decision to strike out of McBride’s public interest defence was too narrow, that army lawyers had a duty to the court and the public interest, not just to obey orders if they considered the orders were wrong.

https://michaelwest.com.au/david-mcbride-sentencing-reserved-as-defence-pushes-for-jail/