War hero has major win in Federal Court in fight against ABC

A decorated soldier who claims the ABC implied he was a war criminal has had a major win in his defamation fight against the national broadcaster.

A judge has found the ABC defamed a former special forces commando, in a case that will now go to a Federal Court trial.

Heston Russell is suing the ABC and two of its investigative journalists over stories published in 2020 and 2021 that he claims made it look like he was being investigated for shooting an unarmed prisoner.

Following a preliminary hearing in November, Justice Michael Lee found multiple imputations put forward did hold defamatory meanings, and the matter will go ahead to a trial.

“It will be necessary for the court to consider the defence case to be mounted by the ABC as to substantial truth, contextual truth and public interest,” he told the court.

The ABC will now have to defend the articles and television reports that did not directly allege Mr Russell committed any crimes but did use his name and image.

In his statement of claim, Mr Russell said an ABC article published in 2021 alleged soldiers from the November commando platoon were being investigated over their actions in Afghanistan in 2012.

Former special forces veteran and founder of veterans support organisation Voice of a Veteran Heston Russell is suing the ABC for defamation. Picture: NCA NewsWire / Gary Ramage

It was claimed the platoon murdered a prisoner who was unarmed and handcuffed because there was no room on the extraction flight.

A US Marine helicopter pilot said he was not a witness but heard a “pop” on the radio he believed was a gunshot.

Mr Russell launched a campaign alongside 2GB’s Ben Fordham and called on the ABC to apologise and take down the articles.

In March 2022, the national broadcaster quietly updated and published corrections on two of the stories.

During the preliminary hearing, which took place in November 2022, Mr Russell’s lawyer Sue Chrysanthou SC told the court the article gave the impression he was involved as it article used his name and picture.

She said it was “divorced from reality” to suggest a reader wouldn’t “immediately” believe Mr Russell was the commander of a unit “that killed people”.

The ABC argued a defence of contextual truth, saying Mr Russell was the commander of a platoon that was under investigation and claimed the allegations were in the public interest.

A trial between Mr Russell and the ABC will go ahead. Picture: NCA NewsWire / Gary Ramage

But Ms Chrysanthou said Mr Russell was implicated as being guilty of the shooting or being involved in criminal wrongdoing.

Lyndelle Barnett, representing the ABC in the preliminary hearing, said there were “multiple layers” readers had to jump through before making any conclusion.

She told the court that allegations of wrongdoing against members of the platoon did not implicate the group as a whole and would not be interpreted that way by readers.

Mr Russell is asking for the ABC to remove the article and pay aggravated damages on top of court costs.

The matter will return to court in March.