Bruce Lehrmann has alleged in court documents that the Australian Broadcasting Corporation’s decision to publish a full broadcast of Brittany Higgins’ address to the National Press Club was an “apparent contemptuous attempt to prejudice the jury” in his trial.
Lehrmann is suing the ABC for its decision to live broadcast Higgins’ and Grace Tame’s joint press club address in February 2022 and later upload the video to its YouTube channel in full.
Lehrmann alleges the broadcasts defamed him by suggesting he raped Higgins, which he denies.
Court documents released on Thursday show Lehrmann alleges the “hurt and harm” he suffered from the broadcasts was aggravated by the ABC’s decision to show the joint address live.
Lehrmann said the ABC could have utilised a delay system so that “any potentially defamatory statements of and concerning the applicant could be removed prior to publication”.
“The respondent was recklessly indifferent to the truth or falsity of the imputation carried by the matters complained of in publishing live the assertions and allegations,” his claim alleged.
Lehrmann has also alleged the hurt and harm against him was aggravated by the publication of the press club address while his criminal proceedings were on foot.
He described that as an “apparent contemptuous attempt to prejudice the jury before whom the proceedings were being heard as against the applicant”.
Lehrmann also alleged damages should be aggravated by the ABC’s decision to continue publishing the YouTube clip after the criminal proceedings against him were dropped and after he complained about its defamatory nature.
The YouTube clip has about 127,000 views, the court documents say, while the live broadcast was viewed by 149,000 people on the ABC News channel.
Lehrmann was not named in the press club address, but he alleges he was readily identifiable. Lehrmann had been identified in media reports after being charged in August 2021, well before the press club address.
The defamation case was filed against the ABC on Wednesday and the Guardian first reported that it was related to the Higgins and Tame press club address.
Lehrmann is already suing both Network Ten and a News Corp subsidiary over initial interviews with Higgins in February 2021. That case, also before the federal court, requires Lehrmann to convince the court that he should be allowed to sue outside the usual 12-month time limit on defamation proceedings.
He has argued he delayed bringing the proceedings due to legal advice, the prospect and then reality of criminal proceedings, and his mental health.
Justice Michael Lee has reserved his decision after a hearing last month.
Lehrmann pleaded not guilty to an allegation that he raped Higgins in the office of their then boss, cabinet minister Linda Reynolds. The trial against him was aborted due to juror misconduct and prosecutors declined to proceed with a retrial due to fears for Higgins’ mental health.
