Former Commando sues ABC after being named in ‘shocking’ allegations

Former Commando Heston Russell is suing the ABC and two reporters for allegedly defaming him in a series of linked articles and broadcasts involving his 2012 service in Afghanistan.

THE ABC was seeking to “applaud” its own journalism when it implied Defence had launched a criminal investigation into a Special Forces commander it was claiming had committed war crimes, a court was told.

Former Commando Heston Russell is suing the ABC and two of its reporters in the Federal Court for allegedly defaming him in a series of linked articles and broadcasts involving his 2012 service in Afghanistan.

Former SAS officer Heston Russell served in Afghanistan in 2012.

His claim centres around aired allegations US forces refused to work with the 2nd Commando Regiment’s November Platoon after believing they had executed a hogtied Afghan prisoner.

The former major was commander of the platoon and has sued the ABC and reporters Josh Robertson and Mark Willacy.

Representing Mr Russell, prominent barrister Sue Chrysanthou SC told the court the allegations were “shocking and callous” but defamed her client since he was the only person named in the reports.

The aired ABC allegations centred around the US Marine Light Attack Helicopter Squadron 469 crew chief, whose image they published but would only identify as “Josh”.

Josh claimed Australian commandos rounded up seven Afghan prisoners but, when told via radio there would only be room for only six, the American crew heard a “pop” and when they landed there were only six prisoners.

Josh was the only person interviewed, making the claim that, despite no eyewitnesses, it was “apparent to everybody involved” the Australians killed a prisoner.

One year later the ABC alleged Defence had launched a criminal investigation into the matter. They promoted their report on TV, radio, online and on the reporters’ social media platforms, including Twitter.

Heston Russell is suing the ABC and two of its reporters in the Federal Court for allegedly defaming him in a series of linked articles and broadcasts. Picture: Steve Pohlner

Ms Chrysanthou said the articles left readers in no doubt who was involved, including her client. In later ABC TV broadcasts Mr Robertson promoted his exclusive with such confidence, it showed the ABC shared Josh’s conclusions about the incident, she said.

“The ABC’s whole purpose of (the second) article was to applaud itself on its own excellent reporting a year before” and their “haphazard wide-ranging allegations” defamed the whole platoon, of which Mr Russell was in command, Ms Chrysanthou said.

Judge Michael Lee said it did not imply Mr Russell did the shooting himself but said it could be argued, as commander, he witnessed all operations.

Lyndelle Barnett, for the ABC, argued contextual truth but said readers would have to jump through a “lot of hoops” to read into the articles that Mr Russell himself pulled the trigger.

Originally published as Former Commando sues ABC after being named in ‘shocking’ allegations