Former Liberal staffer Bruce Lehrmann is set to learn on the morning of October 25, 2023, whether he can successfully challenge the defamation ruling against him by Network 10 and its former journalist Lisa Wilkinson. Lehrmann filed the defamation suit following Wilkinson’s high-profile interview with Brittany Higgins on The Project in February 2021, during which Higgins alleged she was raped by a colleague in Parliament House.
Lehrmann’s initial suit resulted in a significant defeat in the Federal Court, where Justice Michael Lee upheld Network 10’s truth defense. He determined that, based on the evidence presented, Lehrmann likely raped Higgins in the early hours of March 23, 2019, after a night of drinking with colleagues. Following this ruling, Lehrmann appealed to the Full Court of the Federal Court, asserting that he was denied procedural fairness during the initial proceedings.
Appeal Arguments and Court Findings
During a two-day hearing earlier this year, Lehrmann’s solicitor, Zali Burrows, argued that Justice Lee’s conclusions diverged significantly from the case presented by Network 10, Wilkinson, and Higgins. Burrows claimed that had the judge’s findings been communicated to Lehrmann earlier, he would have approached his defense differently.
She stated, “Generally, we say Mr Lehrmann could have conducted the case differently if the version that the judge had found against Mr Lehrmann had been put to him at the beginning.” Burrows further contended that Justice Lee “made a new case up,” suggesting that the judge’s characterization of the events did not align with the allegations made against Lehrmann.
Justice Lee’s findings indicated that Lehrmann was aware of Higgins’ intoxication when they went to the office of their then-boss, Senator Linda Reynolds, after a night out. He described Lehrmann as “hell-bent” on pursuing sexual activity with Higgins, who had been kissing him earlier in the evening. In his judgment, Justice Lee stated, “In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on.”
Legal Implications and Future Steps
The judge also referenced an earlier trial in the ACT Supreme Court that was abandoned due to juror misconduct. The charges against Lehrmann were later dropped, largely due to concerns for Higgins’ well-being. Throughout the legal processes, Lehrmann has consistently denied any sexual contact with Higgins, maintaining that when they entered the office, they parted ways without further interaction.
In response to the appeal, Dr Matt Collins KC, representing Network 10, criticized the argument that Lehrmann might have offered different evidence had he been aware of Justice Lee’s findings. He described this assertion as “astonishing,” emphasizing that there were only two individuals in the room during the incident. “That’s, with respect, an astonishing submission,” Collins remarked.
As the court prepares to deliver its judgment on the appeal, the outcome could have significant ramifications for Lehrmann and the broader discourse surrounding issues of consent and accountability in high-profile cases. The decision is highly anticipated, as it will not only affect Lehrmann’s standing but may also influence future cases related to media reporting on sensitive allegations.
