Former commando Heston Russell has been awarded $390,000 in damages in his defamation case against the ABC, after a judge rejected the broadcaster’s public interest defence.

The retired special forces major sued the ABC and two of its investigative journalists in the Federal Court over stories that reported allegations from an ex-US marine nicknamed “Josh”.

Josh made accusations against unidentified soldiers that an unarmed Afghan prisoner was executed in 2012 because there wasn’t enough room in a helicopter.

Mr Russell commanded the November Platoon at that time and sued based on 2021 publications being read with earlier reporting about the allegations from Josh, who said he heard a “pop” over a radio but was not an eyewitness.

Justice Michael Lee had already ruled 10 defamatory imputations were conveyed by the stories.

Today, the judge rejected the ABC’s public interest defence.

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