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ABC journalist wrote ‘sloppy’ report on Heston Russell, court hears

The Federal Court heard a fiery exchange between a barrister and a senior ABC journalist who was accused of ‘sloppy’ reporting that suggested ex-commando Heston Russell was involved in the unjust killing of an Afghan prisoner.

Ex-commando Heston Russell.
Ex-commando Heston Russell.

A senior ABC journalist has rejected a suggestion his reporting was “sloppy” and he “cobbled together” a denial for an article that falsely suggested former commando Heston Russell was involved in the unjust killing of an Afghan prisoner.

The Federal Court on Thursday witnessed a fiery exchange between Josh Robertson and Mr Russell’s barrister, Sue Chrysanthou SC, who suggested the ABC Investigations reporter failed to conduct due diligence when seeking a response him.

Mr Russell is suing the ABC, Robertson and fellow journalist Mark Willacy over two articles that, he says, through the use of links and his photograph implied he was complicit in the execution of a prisoner captured during a joint drug enforcement operation ­between Australia and the US.

Ms Chrysanthou accused Robertson of failing to seek out a proper denial from Mr Russell when writing an article in Nov­ember 2021, which the court heard was a follow-up to an earlier story penned by Willacy in October 2020.

Robertson’s story evolved from a denial of a Freedom of Information application to Defence, which said there was an active investigation into the conduct of Mr Russell’s November platoon in Afghanistan in mid-2012.

When Robertson called Mr Russell prior to publication of his article, the latter said he was willing to conduct a “live, unedited” interview, as well as answer basic questions about the alleged investigation. At this time, Mr Russell had already spoken to other media outlets denying the allegations detailed in Willacy’s original article.

Former commando Heston Russell, right, arrives at the Federal Court in Sydney. Picture: NCA NewsWire / Christian Gilles
Former commando Heston Russell, right, arrives at the Federal Court in Sydney. Picture: NCA NewsWire / Christian Gilles

The court heard Robertson instead “cobbled together” a denial from Mr Russell rather than asking him directly in the call.

“(Mr Russell’s) complaint is you are sloppy, Mr Robertson,” Ms Chrysanthou said.

“His complaint is you got it wrong. His complaint is you didn’t bother to ask him and instead in a very underhanded, sneaky way, tried to cobble together a denial. Instead of just asking him when you rang him on the phone. Do you understand some of the lists of his complaints now?”

Robertson responded: “I understood the list of his complaints previously, Ms Chrysanthou, and I don’t agree with them.”

Ms Chrysanthou continued. “His complaint is that you have together with Mr Willacy and Ms (Jo) Puccini (head of ABC Investigations) and the ABC concocted a story that is not news, that is not in the public interest to defame him and his position.”

Robertson responded: “I think it’s a very self-serving interpretation and wrong.”

Robertson was listed as the sole author of the November 2021 article, despite Willacy having received the FOI response and drafted the first version of the copy.

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Robertson denied there was anything “unusual” about the fact Willacy was not listed as a co-author, but recalled the latter instructing him to seek a response from Mr Russell “or else he will complain”.

The trial continues.

Additional reporting: NCA NewsWire

Read related topics:Afghanistan
Ellie Dudley
Ellie DudleyLegal Affairs Correspondent

Ellie Dudley is the legal affairs correspondent at The Australian covering courts, crime, and changes to the legal industry. She was previously a reporter on the NSW desk and, before that, one of the newspaper's cadets.

Original URL: https://www.theaustralian.com.au/nation/abc-journalist-wrote-sloppy-report-on-heston-russell-court-hears/news-story/2c6c6880d55b4514ac24c88beeb684e3