ABC accused of ‘abuse of power’ in ex-commando’s defamation trial
The national broadcaster has been accused of an “inexcusable abuse of power” in publishing articles suggesting former commando Heston Russell was involved in killing an Afghan prisoner in 2012, a court has been told.
Mr Russell’s barrister, Sue Chrysanthou, SC, opened the first day of his six-day defamation trial against the ABC and two of its investigative journalists, Mark Willacy and Joshua Robertson, by blasting their conduct in preparing two stories about her client.
“What Your Honour is about to see… is how the sausage is made at the ABC, and it’s unpleasant,” Ms Chrysanthou said.
Former commando Heston Russell (right) with his barrister Sue Chrysanthou SC, leaving the Federal Court in Sydney,
“It is quite an inexcusable abuse of power the ABC has engaged in, in publishing false articles, in using their PR machine to issue press releases … It is so unusual and so improper that it’s really revealed conduct that is quite breathtaking in its audacity.
”We will be submitting to Your Honour that once evidence is in, that it was rogue.”
Mr Russell is suing the ABC, Mr Willacy and Mr Robertson over two stories they published in October 2020 and November 2021 that Federal Court judge Michael Lee ruled earlier this year conveyed 10 meanings – known as imputations – that were defamatory to the former commando.
The October 2020 article reported allegations from a former US marine, known as “Josh”, who said soldiers from Australia shot dead an Afghan prisoner in 2012 when they were told they couldn’t fit seven of them on a US helicopter.
Josh did not see the shot fired, but heard what he called a “pop” over the radio. He did not name any soldiers or platoons as responsible. “It was a very deliberate decision to break the
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