Former army commando Heston Russell was defamed in ABC reporting about the platoon he led in Afghanistan and a judge has found it will cost the broadcaster almost $400,000.
Reports alleged members of November platoon executed a prisoner because they would not fit on a helicopter.
The allegation was based on comments from a US marine, who heard a “pop” over the radio in mid-2012 followed by advice there would be six prisoners, not seven.
The claim was reported in October 2020 and revived in November 2021 when the ABC reported the Defence Department had confirmed a criminal investigation into November platoon, which the department later disputed.
Justice Michael Lee awarded Mr Russell damages of $390,000 plus interest in the Federal Court on Monday.
Justice Lee was not persuaded by Mr Russell’s own evidence about substantial hurt suffered from the publications, finding he had embraced the ensuing public controversy to further his own causes and profile.
However, the judge accepted evidence from 17 other people on the topic.
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