-Caveat Lector-

>From the Melbourne Age

http://www.theage.com.au/news/20000929/A22200-2000Sep28.html

Alleged spy fit to stand trial in US

By GAY ALCORN
UNITED STATES CORRESPONDENT
ALEXANDRIA, VIRGINIA
Friday 29 September 2000

The lawyer for alleged Australian spy Jean-Philippe Wispelaere believes the case has 
provoked a rift between Australia and the United States, with the Americans determined 
to exclude their ally from proceedings.

Mr Wispelaere, 29, was found mentally competent by a federal court on Wednesday to 
stand trial on espionage and attempted espionage charges, almost a year after he was 
sent to a US government facility for psychiatric evaluation.

It is alleged that Mr Wispelaere left his job as a junior analyst at the Defence 
Intelligence Organisation in Canberra last year with top-secret American documents and 
tried to sell them to a foreign country.

The FBI found out about the alleged offer and, in a "sting" operation, lured him to 
Dulles Airport in Washington in May, where he was arrested.

That documents shared with Australia under defence agreements could be so easily 
stolen embarrassed the Australian Government, which launched investigations into 
security.

"This was a very embarrassing circumstance for the Australian Government," Mr 
Wispelaere's lawyer, Nina Ginsberg said outside the court in Alexandria.

"The United States was extremely angry and probably also embarrassed that this 
happened. My sense is that the US Government has said to Australia - and this is a 
totally personal belief - `you screwed up, you sit down and be quiet and we're going 
to take care of it from now on'."

The Australian Government yesterday denied that the Wispelaere case has caused a rift 
with the US.

"That is not an accurate assessment," a spokesman for the Defence Minister John Moore 
said. However the spokesman refused to comment further on details of the case and the 
claims made by Ms Ginsberg.


Ms Ginsberg said she had had difficulty gaining access to crucial documents for the 
defence and she planned to travel to Australia within the next few weeks to seek them.

In earlier court proceedings, the defence had suggested that the material Mr 
Wispelaere removed might not be as top-secret as the American Government alleges.

Mr Wispelaere has pleaded not guilty to the charges which, if proven, could attract a 
life sentence.

Federal Court Judge Leonie Brinkema rejected evidence from a state-appointed 
psychiatrist and psychologist that Mr Wispelaere's apparent mental collapse late last 
year was malingering to avoid facing trial.

But she accepted evidence from Angela Walden Weaver, a staff forensic psychologist at 
a federal corrections facility in Butner, North Carolina, that Mr Wispelaere, while 
exaggerating his symptoms, did suffer a mental illness which was now controlled by 
medication.

The court heard of Mr Wispelaere's bizarre behavior since entering Butner in October, 
which included swallowing a razor and slashing his wrist.

He also reported hallucinations and paranoia, believing the Australian Government had 
inserted a coil into his head to monitor his movements via satellite, that his lawyers 
were part of a plot against him, and that he had been anointed a demigod.

Ms Ginsberg said the state's offer of a plea bargain that would see Mr Wispelaere 
serve 20 years in jail was unacceptable, and it was the defence's intention to go to 
trial.

Also at the court was Melbourne barrister Ivan Himmelhoch, who is now acting for Mr 
Wispelaere.

No trial date has yet been set.

- with LOUISE DODSON

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