The ABC could have chosen its words better when describing “confirmation” of a criminal investigation into a platoon of Australian commandos serving in Afghanistan, one of its journalists has told a defamation trial.
Journalist Mark Willacy said a November 2021 report should have stated confirmation of a criminal investigation came from a rejected response to a Freedom of Information (FOI) request rather than the Department of Defence.
Ex-commando Heston Russell is suing the national broadcaster over two articles in October 2020 and November 2021, claiming commandos from November Platoon executed an unarmed prisoner during a drug raid in Afghanistan in mid-2012 because there was no room for them on a helicopter.
As the leader of that platoon, Mr. Russell was named by the ABC. He denies the allegations and is suing for damages saying his feelings were hurt and his reputation ruined.
The ABC has pushed forward with a public interest defence after the Federal Court previously ruled the articles contained defamatory statements and threw out a truth defence.
Willacy wrote the October 2020 article and gave guidance on the November 2021 article by his colleague Josh Robertson.
Mr Russell’s barrister Sue Chrysanthou SC asked Mr. Willacy whether he agreed the department had not confirmed an investigation.
“I think better words could have been chosen, yes,” Mr. Willacy said.
It would have been better to say the confirmation came through the Freedom of Information request being rejected to avoid prejudicing any future investigation, he said.
Willacy was having lunch with friends and had “disengaged” on the afternoon Robertson’s story was published, and could not recall responding to emails about it.
Ms. Chrysanthou took him through one email where ABC Investigations editor Jo Puccini asked for “thoughts” on whether the article needed to mention Mr. Russell’s request the ABC retract and apologise for earlier reports.
Mr. Puccini was unsure about amplifying Mr. Russell’s request further, as he had already “had a huge platform on (Sydney commercial radio station) 2GB” in the email read by Ms Chrysanthou.
Willacy did not respond to Mr. Russell’s offer for a live interview as he has no power over them and was not aware of what questions Robertson asked him for the November article, but had heard Mr. Russell “did not seem very cooperative” with the interview.
“This is the same Mr. Russell who had been giving interviews about the story on any media station and newspaper that would listen,” Ms. Chrysanthou said.
“That’s right,” Willacy responded.
“They were outlets that some would regard as being favourable to him, but that’s fine,” he said.
Mr. Russell similarly never took up Willacy’s offer for a chat, he said.
The former commando was also sent “a very, very detailed list of questions”.
Ms. Chrysanthou said some of those questions related to alleged killings taking place while Mr. Russell was in another area of the operational zone, and a video of a soldier shooting out of a helicopter Mr. Russell does not appear in.
Willacy said they were legitimate questions to ask a platoon commander, and he was being put in a no-win situation.
“It appears I’m in trouble if I do go to your client or if I don’t,” he said.
“In the end, he chose not to participate; that was his prerogative.”
Willacy disagreed he breached ABC editorial policies relating to accuracy, fairness, honest dealing, impartiality and attribution, as well as the Media, Entertainment and Arts Alliance’s code of ethics.
The trial continues.
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