The ABC Investigations editor has refuted claims that a reporter “didn’t want to find the truth,” got away with a “terrible failure” and committed a “shocking breach of ethics” when he reported on war crimes allegations he “didn’t had done’. confirm,” a court said.
Heston Russell is suing the ABC and two investigative journalists for libel over stories published in 2020 and 2021 that he says create the impression that he is under investigation for shooting an unarmed prisoner.
The stories alleging to defame Mr. Russell, written and produced by journalists Mark Willacy and Josh Robertson, were broadcast on television, radio and online in October 2020 and over a year later on November 19, 2021.
The court was told the allegations came from a US Marine named ‘Josh’ who contacted Mr Willacy about his time in Afghanistan working with Australian soldiers saying he was not a witness but a ‘pop’ heard on the radio what he thought was a gunshot. .
Heston Russell is suing the ABC and two investigative journalists for libel over stories published in 2020 and 2021 that he says create the impression that he is under investigation for shooting an unarmed prisoner
The ABC is seeking to rely on a new public interest defense introduced in NSW in July 2021 and being tested for the first time in this case.
ABC Investigations editor Jo Puccini took to the witness stand for the final day of evidence in the former soldier’s defamation trial, where she repeatedly denied claims that the journalists should have done more to confirm the accusation.
Under cross-examination by Mr Russell’s lawyer Sue Chrysanthou SC, she told the court she trusted Mr Willacy’s journalism as he has ’30 years of experience’ and is ‘conscientious’.
Ms. Chrysanthou accused Ms. Puccini and the investigative team of failing to confirm Josh’s claims by trying to talk to other people.
“I would like to suggest to you, Ms. Puccini, that it was a terrible mistake on the part of ABC Investigations not to speak or attempt to speak to these two people before this article was published,” she said.
Mrs. Puccini disagreed.
The lawyer kept insisting, “Right, so you say it was enough to just ask Josh, instead of finding out how many people were in the unit, who was in the unit, and where they might be … Mr. Willacy made none of those inquiries.’
“As you sit here, are you saying that you are satisfied with the fact that he just asked Josh, and Josh actually said thank you but no thanks,” said Ms. Chrysanthou.
Mrs. Puccini said she was satisfied.
ABC Investigations editor Jo Puccini took to the witness stand for the final day of evidence in the former soldier’s defamation trial
“That’s not an investigation… that’s a reporter who doesn’t want to find out the truth,” Ms. Chrysanthou said.
The ABC investigations denied all allegations that Mr Willacy ‘didn’t want to find anyone’ to contradict the allegations.
Ms Chrysanthou continued to press Mr Willacy as a “person who is willfully blind” and made a “conscious decision” not to investigate.
She suggested that Ms. Puccini, as the team’s editor, knew the articles “violated ABC’s editorial standards” and was aware that the standards were being violated.
“Well, where there was a breach, the ABC corrected it,” Ms Puccini said.
Ms. Chrysanthou asked if there was any reason why there had not been a public apology to November Platoon and Heston Russell for the accuracy breach.
She accused Ms Puccini of “rationalizing” her team as “unfair, unethical and absurd.”
Ms Puccini denied the allegations, telling the court she felt no apologies were necessary, claiming the team was ‘not accusing Heston Russell of anything’.
‘Why not? It doesn’t say sorry, why?’ said Mrs Chrysanthou.
The editor said, “I thought the steps we took were appropriate.”
Former soldier Heston Russell (pictured with his legal team) fought back tears in court as he performed this week
Mr Russell, who was commander of the November platoon at the time of the allegations, fought back tears last week when he told the court he was ‘absolutely shocked’ to see the November 2021 story which said his platoon was investigated.
Earlier this year, Judge Lee found that 10 defamatory allegations from the national broadcaster were carried out after a preliminary hearing in November 2022.
Judge Lee found the most serious meanings were that Mr. Russell was involved in the murder, “usually left fire and bodies” in his wake, and “knowingly crossed the line of ethical conduct” while serving in Afghanistan.
While the stories contained a denial from Mr Russell, he claimed the use of his name and photo implied his involvement in the death of an Afghan prisoner.
Mr Russell is asking the ABC to remove the article, pay heavy damages and stop repeating the allegations.
The hearing before Judge Michael Lee continues.