ABC removes truth defence in its lawsuit brought against it by Heston Russell

The ABC has dropped its truth defence in a defamation suit launched against it by former commando Heston Russell.

The ABC has dropped its truth defence in a defamation suit launched against it by former commando Heston Russell who claims the broadcaster gave ­audiences the impression he was involved in the execution of an Afghan prisoner.

An amended defence, filed to the Federal Court on Friday, shows the ABC removed defences of truth and contextual truth, according to The Sydney Morning Herald.

The masthead’s report said that the national broadcaster would rely on a new public interest defence instead.

Mr Russell is suing the ABC, along with journalists Mark Willacy and Joshua Robertson, over stories published in 2020 and 2021 that he claims made it­ ­appear as if he was under investigation for shooting and killing a prisoner.

In February, judge Michael Leefound multiple imputations put forward held defamatory meanings.

One of the meanings the ABC needs to defend is that “Russell, as commander of ­Nov­em­ber Platoon, was involved in shooting and killing an Afghan prisoner during an operation in Helmand province in mid-2012”.

Heston Russell claims the broadcaster gave audiences the impression he was involved in the execution of an unarmed Afghan prisoner. Picture: NCA NewsWire / Steve Zemek

A previous written defence from the ABC said it would seek to rely on a defence of truth to some of the meanings as well as the defences of contextual truth and public interest, Nine newspapers reported.

Justice Lee struck out the particulars of the national broadcaster’s truth defence and gave them leave to file an amended defence.

The updated defence now hinges on public interest, with the defences of truth and contextual truth removed.