ABC journalist blocked source in Heston Russell article from speaking out: court

Mark Willacy has been accused of blocking a source from speaking to members of the press who were scrutinising the quality of his journalism.

Former Commando Heston Russell. Photo Steve Pohlner

A senior ABC reporter has been accused of intentionally blocking a source from speaking to members of the press who were trying to scrutinise the quality of his journalism, a court has heard.

The Federal Court on Tuesday heard Mark Willacy instructed ‘Josh’, a confidential source at the centre of an allegedly defamatory article, not to speak with other media outlets, after a journalist from the Daily Telegraph started making inquiries about the substance of Mr Willacy’s story.

Mr Willacy also described News Corp journalists as “tabloid bottom-feeders”, during the second day of his cross-examination during a landmark defamation trial between the ABC and ex-commando Heston Russell.

Ex-commando Heston Russell is suing the ABC, Mr Willacy and journalist Josh Robertson over two articles which he says, through the use of links and his photograph, implied he was complicit in the execution of the prisoner, who was captured during a joint drug enforcement operation ­between Australia and the US.

After the Daily Telegraph journalist started making inquiries, Mr Willacy wrote an email to Josh saying: “Let me know if you hear from any Aussie journos!”

“But as suggested, I’d just say I stand by my account, read the ABC story, and I won’t answer any questions,” he continued. “Murdoch’s people are tabloid bottom-feeders.”

In court, Mr Russell’s barrister Sue Chrysanthou SC suggested Mr Willacy was telling Josh “don‘t trust them. Just trust me.”

Mr Willacy defended the email, saying he knew an article from the Daily Telegraph was coming, and advised Josh accordingly.

“As he says in his response email, ‘Sounds like a plan, looking to steer clear of all that nonsense’,” Mr Willacy told the court.

“He didn’t want the media coming to knock on his door, but if they did, he wanted to know what he should say. And I said, ‘Well, I think if you’re happy to say that say it, but say what you want’.”

ABC Investigations Reporter Mark Willacy is seen arriving at the Federal Court in Sydney.

Mr Willacy suggested his ABC colleagues who left News Corp newspapers to work for the public broadcaster had “absolved” themselves from their “sins” in tabloids.

Ms Chrysanthou questioned why Mr Willacy distrusted News Corp’s journalists considering his colleague Mr Robertson used to work for the Courier Mail.

“(But) then he went to The Guardian,” Mr Willacy responded. “Obviously he was trying to absolve himself of his sins.”

He later backtracked on the comment when questioned by Justice Michael Lee, saying: “I was being flippant, sorry, Your Honour. But I have had discussions with Mr. Robertson about his professional employment history and he‘s left the Courier Mail for reasons that he can explain.”

The substance of the Mr Willacy’s first article relied on the testimony of Josh, a US soldier, who had told Mr Willacy that he heard Australian forces shoot the Afghan prisoner.

Mr Russell is seen arriving at the Federal Court.

Ms Chrysanthou during Monday’s hearing suggested Mr Willacy misled ABC readers by failing to include in the article that Josh repeatedly said he would only give information under the “caveat” that his memory of events was “fuzzy”.

“You have accused Australian soldiers of murder. Not just murder, a callous horrific murder on the ABC website, where you have a person who did not even see the murder, he deduced a murder had occurred from what he heard.” she said.

“I want to suggest to you that conduct, having regard to the fact that you have no other witness on the ground, and Josh‘s disclaimers in relation to his memory, was a shocking breach of your ethics as a journalist.”

Mr Willacy rejected Ms Chrysanthou’s claims, saying “I don’t agree with that.”

The trial continues.