ASIO v ABC: Broadcaster stands by Bondi investigation after spy agency rebuke

ASIO has issued a rare public statement declaring it holds “grave concerns” about the accuracy of an ABC investigation into the Bondi massacre set to air on Four Corners on Monday night and warning of further action if false claims are broadcast.

The statement released on Sunday evening claims the ABC has relied in part on an “unreliable and disgruntled” source who had misidentified one of the alleged gunmen, 24-year-old Naveed Akram, and confused some of his actions before the attack with things done by someone else.

The ABC is standing by the story, which it said used extensive reporting and numerous sources to examine the Akrams’ actions leading up to the attack.

ASIO, which has not seen the program, said its ability to respond to Four Corners′ questions was constrained as it did not want to risk prejudicing the royal commission into antisemitism and the ongoing criminal investigation against Akram.

Akram has been charged with murdering 15 people in the December 14 attack, in which his father and alleged co-conspirator Sajid Akram was shot dead by police.

The first of two parts of Four Corners′ investigation was led by reporter Mark Willacy, airing last week. It provided an account of the events of the day of the attack, told by those present. The second part, led by reporter Sean Rubinsztein-Dunlop, will investigate “the secret lives of the terrorists, uncovering astonishing new information about the years leading up to the attack”, according to the ABC.

ASIO’s statement, made in response to unknown ABC questions and released publicly in an unusual pre-emptive move, notes that the domestic intelligence agency investigated Naveed Akram in 2019 using its “most sensitive capabilities.”

“We assessed he did not adhere to or intend to engage in violent extremism at that time. Having reviewed all available intelligence, we stand by our assessment at that point in time,” the statement said. “Four Corners’ claims contain significant errors of fact.”

ASIO said “if the ABC chooses to publish claims it cannot substantiate […] we will reserve our right to take further action.”

The Bondi royal commission is required to complete its first report by April. It will examine, among other things, whether Australia’s intelligence and law enforcement services were as effective as they could have been in stopping the attack, how they co-operated and whether they were hampered by legal rules.

ASIO said an ABC source had a track record of making statements that are untrue. The agency rejected previously reported claims that Naveed Akram is a close associate of terrorists.

“The claims Four Corners is making were investigated at the time and found to be unsubstantiated,” ASIO said.

“The ABC’s source mis-identified Naveed Akram. That is, the source claimed Naveed Akram said and did things that were actually said and done by an entirely different person. To be clear, Four Corners′ source mis-identified Naveed Akram, and therefore the associated claims are untrue.”

An ABC spokesperson defended the program as a comprehensive investigation examining the events leading up to the worst terrorist attack on Australian soil.

“Four Corners spoke to numerous people and provides a number of sources of information for a detailed picture of the Akrams’ actions and associations in the years leading up to the Bondi attack,” the spokesperson said.

“Detailed questions were put to ASIO and its response is reflected in the story. The public will be able to watch the full investigation tonight.”

Rubinsztein-Dunlop declined to comment.

ASIO also rejected expected ABC accusations of understaffing and suggestions that redundancies at the intelligence agency in 2020 might have contributed in some way to its ability to prevent the massacre.

“The claim any resourcing decision increased the likelihood of the Bondi attack is false, irresponsible and demonstrates profound ignorance of ASIO’s prioritisation frameworks and enduring investment in counterterrorism,” ASIO said.

“Tragically, ASIO did not know what the perpetrators of the Bondi attack were planning – or indeed that they were planning anything.”

ASIO said given the questions the ABC asked and that reporter Rubinsztein-Dunlop had “previously broadcast false claims about ASIO and the Akrams”, it held “grave concerns about the accuracy of the proposed story”.

Cut through the noise of federal politics with news, views and expert analysis. Subscribers can sign up to our weekly Inside Politics newsletter.