Lawyers for Network 10 will seek to lead expert evidence about the rarity of false rape complaints as it defends a defamation case launched by Bruce Lehrmann.
Meanwhile, Lehrmann’s legal team have flagged “lengthy” cross-examinations of Brittany Higgins and Lisa Wilkinson.
Lehrmann is currently suing Network 10, Wilkinson and the ABC over broadcasts he says defamed him by falsely alleging he raped Higgins in Parliament House on a couch in then-minister Linda Reynolds’ office.
A trial is expected to begin on 22 November in the federal court, which will see both Higgins and Lehrmann give evidence, the latter speaking about the night of the alleged rape for the first time in a courtroom under oath.
During a brief preliminary hearing on Monday, justice Michael Lee heard the media defendants want to lead evidence from two experts.
A report from the first expert would help the court understand the impact of sexual assault on victims. The second, a report from a toxicology expert, would assist the court to understand Higgins’ level of intoxication.
Barrister Tim Senior, representing Network 10, said the purpose of the first report was “intended to assist the court in understanding how victims of sexual assault respond and react after the event, and how things like memory may be affected”.
Lehrmann’s counsel, Matthew Richardson SC, told the court he would “certainly” be objecting to the first expert. He said the expert’s evidence included an opinion on the rarity of false rape complaints.
“As to the first report, which in addition to opining about the typical behaviour of victims of sexual assault, also posits opinion that false complaints are rare,” he said. “There certainly will be objection to that evidence, starting from the basis of whether there is a recognised field of expertise and so on, but also the conclusions and opinions that are expressed appear to have no sufficient factual foundation.
“It really appears to be an analysis of academic papers.”
The court also heard that the case against the ABC, which relates to its broadcast of a National Press Club address by Higgins, would not add much time to the trial. The majority of the five witnesses involved in the ABC proceedings would be dealt with quickly or not cross-examined by Lehrmann’s lawyers at all, the court heard.
Richardson told the court he planned lengthy cross-examinations of Higgins, Wilkinson and Network 10 producer Angus Llewellyn.
“I’ve read all the affidavits now served by my learned friend’s side. The only ones for which I see lengthy cross-examinations probable are Ms Higgins, Ms Wilkinson and Mr Llewellyn,” he said.
“The five witnesses in the ABC proceedings, I can tell your honour that my cross-examination of them will be very brief – in fact I don’t think I’ll even be asking questions of a couple. They’re so narrow, it’s just focussing on the organisational or structural elements of [the National Press Club] in terms of what it does.”
In May, Lehrmann discontinued defamation proceedings against News Corp and Samantha Maiden over its initial reporting of Higgins’ allegations after settling.
Lehrmann has denied raping Higgins, a fellow Liberal staffer in Reynolds’ office, and pleaded not guilty at trial.
His trial was aborted due to juror misconduct and a second trial was abandoned due to concerns about the risk it posed to Higgins’ life.
