Former Commando Heston Russell sues ABC over ‘war crime’ article

Former commando Heston Russell has begun defamation proceedings, claiming two ABC articles falsely accused him of a “callous” war crime murder.

Former Special Forces Officer Heston Russell. Picture: Steve Pohlner

A former Special Forces Commando is suing the ABC claiming the national broadcaster falsely alleged he was under investigation for a callous war crime murder in Afghanistan.

Heston Russell’s career, as a commander in one of Australia’s most elite platoons, came under scrutiny in an ABC article in November 2021 by journalists Mark Willacy and Joshua Robertson.

The story, Mr Russell’s lawsuit claims, defamed him because it falsely suggested he was being criminally investigated by the Department of Defence for his conduct as part of the Commando November Platoon in mid-2012.

“(The article alleges) Heston Russell killed a hogtied prisoner in mid-2012 in Helmand province in Afghanistan because there was no room for him on the aircraft,” court documents seen by The Daily Telegraph, claim.

Mr Russell is also suing over a link in the article to an older ABC piece which also detailed the alleged execution of the Afghan prisoner in 2012.

The former Commando has enlisted top defamation lawyers Sue Chrysanthou SC and Rebekah Giles, who have represented Christian Porter, Geoffrey Rush, John Barilaro and Andrew Laming between them.

Ms Chrysanthou is currently representing News Corp chairman Lachlan Murdoch, owner of this masthead, in his lawsuit against Crikey media.

“The ABC, despite accepting that the article contravened its own editorial standard of accuracy, has refused to take the story down and withdraw the serious allegations that it made,” Mr Russell said in a statement.

“I will not be making any further comment now that the matter is before the Court.”

Mr Russell’s lawsuit, filed with the Federal Court, said the ABC’s coverage caused, or is likely to cause, serious harm to the veteran’s reputation as it claimed to have an “eyewitness” to the alleged “callous” murder.

His lawyers claim he and his friends have been approached and contacted by people about the murderous allegations.

The veteran’s documents claim he has made numerous complaints and representations to the ABC and its journalists denying the articles but their corrections and editors notes, which appear on the article, have failed to retract the allegations or apologise.

“Russell has been gravely injured in his character, his personal reputation, and his professional reputation as a former member of the armed forces, and has suffered and will continue to suffer substantial hurt, distress and embarrassment,” the lawsuit claims.

Mr Russell wants damages, aggravated damages, legal costs and the articles taken down.

An ABC spokeswoman said the broadcaster “will defend its journalism on this important issue of public interest” but would not comment further.