ABC | Current Campaigns | News
July 29, 2023
Heston Sued the ABC – and won
The Federal Court of Australia has found the ABC and both journalists, Mark Willacy and Josh Robertson - guilty of defamation without any defence.
(You can catch the full story below in chronological order of events and updates taking place).
2020 - 2023
The Full Story
Letter to the ABC
- on behalf of November Platoon, 2012.
Over a year ago, on 20 October 2020, the ABC published an article based on the account of a US Marine who alleged that November Platoon of the 2nd Commando Regiment had executed a “prisoner” in Afghanistan in “mid-2012”.
In this story, the ABC stated that, “A United States Marine Corps (USMC) helicopter crew chief says Australian special forces shot and killed a bound Afghan prisoner after being told he would not fit on the US aircraft coming to pick them up.”
This is an appalling and preposterous lie. The ABC should be ashamed of this failing of basic journalistic practice.
The entire story is based on the account of one man who insists on using a pseudonym yet, bizarrely, agrees to have his face shown.
This ‘former Marine’ claims he saw members of November Platoon “tackle and hogtie” seven prisoners then, upon being told that a US helicopter only had room for six prisoners, “And you just heard this silence and then we heard a pop. And then they said, 'OK, we have six prisoners'. So it was pretty apparent to everybody involved in that mission that they had just killed a prisoner that we had just watched them catch and hogtie."
The impact of this story has been immense, particularly given that it was published on the evening of October 20, 2020, dominating the news cycle on the following day.
That day, 21 October 2020, was the eighth anniversary of the death of Corporal Scott Smith, who was a member of the November Platoon Group, and therefore one of the accused in your article.
This story was based on the unsubstantiated claims of one US Marine whose account cannot form the basis for the assertions made by the ABC. In the following 12 months there has been no follow up or correction to the published story.
November Platoon is calling for:
-
- A request a written apology from the ABC and the reporters to the men and families of November Platoon.
-
- A call for an independent review of the ABC story published on October 20, 2020.
-
- A call for the ABC to publish a full correction to this story including an unqualified, genuine apology to the members of November Platoon.
To view the full letter click on the file below or click here.
5th November 2021
We finally heard from the ABC and it was less than encouraging, let alone what we would expect. They informed us that the ABC's internal review policy required complaints to be raised within 6 weeks of the story being published.
Despite our 10 page letter (above) we were asked why any additional consideration should be given to warrant such a review.
Here is our response to their lacklustre efforts as we continue to seek accountability - Click here
19th November 2021
Update - continue reading below for ABC's excellent #fakenews story and the real response from Defence.
Is this now the journalistic standards accepted within our taxpayer funded media?
The ABC came out with an article implying that they received a specific response that November Platoon is under a criminal investigation, but per the Defence response, this could actually mean that the release of the requested information could impact on another or any other allegations under investigation.
It says that there is "a current investigation of a possible breach of law" without naming any platoon and as per the ongoing OSI investigation into all allegations in general.
To read the Defence Response Click here.
ABC EXPOSED
We can now reveal the evidence that proves this story has been manufactured or at the bare minimum, not investigated anywhere near the required level of accuracy or integrity.
Please watch and share the video below to show your support in achieving the truth and justice our Veterans deserve.
6th December 2021
ABC Media Watch on November Platoon - CLICK HERE
2GB's Ben Fordham has been a huge supporter in the truth - for his latest comments listen here.
29th March 2022
ABC’s PRIVATE apology:
8th September 2022
OPEN LETTER - to the Ministers and Shadow Ministers for Communications, Defence, Defence Personnel and Veterans’ Affairs.
9th September 2022
Read the Statement Claim Letter - READ HERE.
Article in the Daily Telegraph - READ HERE
7th October 2022
1st February 2023
Judgement - To read in full CLICK HERE
1st May 2023
ABC Abandons Truth Defences.
Have a listen to Ben Fordham on 2GB as he reports on the latest of the ABC saga.
"ABC drops truth defence in ex-commando’s defamation suit" - Sydney Morning Herald Article.
15th May 2023
"While the Australian Government provides an overall level of funding to the ABC, Parliament has guaranteed the broadcaster's independence so that its editorial decisions can be free from political interference."
In December 2021 - over 26,000 Australians signed a Parliamentary Petition calling for a review of the ABC’s article that wrongfully accused my Platoon of committing a war crime.
Now in May 2023, this quote is the Minister for Communication’s response.
Click here to Listen as Heston speaks with Steven Cenatiempo about this on 2CC radio.
16 May 2023
Trial date set 28 July 2023.
13 July 2023
ABC withdraw public interest defence
On Wednesday 12th July, the ABC sensationally withdrew their final defence of Public Interest. Declaring that they would no longer defend their case and that I would be entitled to Judgement - Justice unopposed. We were then set to return to the Federal Court on Friday to finish this off. Here is a great summary by Ben Fordham on 2GB the following morning explaining exactly what happened.
The ABC then set about their own public campaign saying that the reason they were withdrawing their final defence was to protect the name of their key, and only, ear witness "Josh". However, we already know who "Josh" is, and presented this to the Judge - Justice Lee. Ben Fordham and the team at 2GB were also able to find "Josh" after conducting their own google research overnight.
Given the change in circumstance whereby we already know who "Josh" is, the ABC decided to reinstate their Public Interest defence - so we are now back on for the Trial to commence on 28 July. Here is a good segment actually from the ABC reporting on the eventful day in court that was my Friday in Sydney:
The Sydney Morning Herald reported on the story from the beginning until now.
28 July 2023
Day 1 - ABC Defamation Trial
Article in The Australian - Read Here.
ABC News Report - Watch here.
31 July 2023
Day 2 - ABC Defamation Trial
Article Sydney Morning Herald - Read here
01 Aug 2023
Day 3 - ABC Defamation Trial
Article NCA NewsWire - Read here.
2GB highlights with Ben Fordham - listen here.
02 Aug 2023
Day 4 - ABC Defamation Trial
Article Sydney Morning Herald - Read here.
Article NCA NewsWire - Read Here.
03 Aug 2023
Day 5 - ABC Defamation Trial
Article NCA NewsWire - Read Here.
Article in Courier Mail - Read Here.
04 Aug 2023
Day 6 - ABC Defamation Trial
Article Herald Sun - Read Here
29 & 30 Aug 2023
ABC Defamation Trial
Closing Arguments
Final Closing Submission - Read here.
16 October 2023
Final Judgement
Victory - the truth has prevailed and the ABC has been exposed for their false and reckless reporting.
The Federal Court of Australia has found the ABC and both journalists - Mark Willacy and Josh Robertson - guilty of defamation, without any defence.
This judgement marks the first ever test of the ‘Public Interest’ defence in Australia.
This is all that the ABC tried to rely on after not being able to plead truth to back up their shocking allegations.
Special mention and thanks to Ben Fordham and the team at 2GB who consistently took up the fight against this injustice from the beginning. Here is interview with Heston & Ben post the trial.
Former soldier Heston Russell savages ABC after court win
A former soldier says the taxpayer could be out of pocket almost $2 million after he was defamed by the ABC.
Veterans slam defamation by ABC of ex-commando Heston Russell
Veterans have slammed the ABC and denounced an award-winning journalist following a former commando’s successful defamation case against the broadcaster, with senator Malcolm Roberts claiming the ABC “must fire” the “out of control” journalists involved in the matter.
ABC fallout
ABC ordered to pay Heston’s legal costs, but still refuses to apologise - read here.
The interview about Heston the ABC didn’t want to play - Listen here.
US ‘Marine who heard a Pop’ apologises to Heston - listen here.
US DEA Commander Bret Hamilton speaks out against Mark Willacy and the ABC’s shocking conduct - listen here.
Defence Department grilled in Senate estimates over why they haven’t supported Heston.