Broadcaster must pay Russell $390,000 but judge did not award aggravated damages, finding the former commando ‘embraced the public controversy’
Former commando Heston Russell sued the ABC for defamation over a series of articles linking him to alleged war crimes in Afghanistan in 2012.Former commando Heston Russell sued the ABC for defamation over a series of articles linking him to alleged war crimes in Afghanistan in 2012.Former commando Heston Russell has won his defamation case against the ABC and been awarded $390,000 after a federal court judge found the public broadcaster did not prove its reporting was in the public interest.
“His actions are consistent with someone who has not suffered significant hurt but rather embraced the public controversy,” Lee said. Lee said he had no doubt Willacy “believed the publication of the matter was in the public interest” but “his belief was not reasonable in the circumstances”. Lee found Russell “dissembled” in his evidence in the witness box when questioned about an invoice he had altered and that it was not safe “to place any reliance upon his evidence”.by the ABC in a series of articles that linked him to war crimes and alleged he left “fire and bodies” in his wake during his service in Afghanistan.
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