Lawyer Bernard Collaery has succeeded in a bid to overturn secrecy shrouding parts of his trial for allegedly unlawfully sharing information about an Australian spy operation.
He is accused of unlawfully sharing classified information about the 2004 bugging operation targeting the East Timor government during negotiations over oil and gas resources in the Timor Sea.
The ACT Court of Appeal on Wednesday allowed Collaery's appeal against non-disclosure orders sought by the attorney-general.
Chief Justice Helen Murrell, and justices John Burns and Michael Wigney, stressed the importance of the open hearing of criminal trials.
They accepted the public disclosure of the information the government wanted secret would involve a risk of prejudice to national security.
"However, the court doubted that a significant risk of prejudice to national security would materialise," a summary of their judgment said.
"On the other hand, there was a very real risk of damage to public confidence in the administration of justice if the evidence would not be publicly disclosed."
The initial judge earlier decided the non-disclosure orders were appropriate because they would not have a substantial adverse effect on Collarey's right to a fair hearing.
The Court of Appeal ordered the matter return to the first judge to consider the admissibility of further affidavits held by the attorney-general yet to be considered and that have not been provided to Collaery.
