A former Seven producer has sworn an affidavit saying text messages and receipts in his possession show tens of thousands of dollars was billed to the network while the Spotlight program was courting Bruce Lehrmann for an exclusive television interview.
The producer, Taylor Auerbach, will give evidence about the expenses on Thursday in a sensational development in the defamation trial which has been reopened after an application by Ten was accepted by the federal court.
The former Seven employee provided Ten, which is defending a defamation suit brought by Lehrmann, with a string of photographs and text messages allegedly confirming receipts incurred by himself or Seven directly for the benefit of Lehrmann.
Seven said in response to the claims that it did not condone or authorise the alleged payments to Lehrmann referred to in the affidavit.
Auerbach also alleges in his affidavit that Lehrmann paid for illicit drugs and sex workers after an after-dinner meeting at the Meriton Sydney on 5 January 2023. Auerbach claims Lehrmann was reimbursed by Seven through “per diems” via invoice emailed to a Spotlight staff member in the days after his departure from Sydney.
He could not provide a copy of the invoice and the allegations have yet to be tested by the court.
Auerbach has provided receipts in the affidavit showing eight separate charges for Sensai Thai Massage on 26 November 2022, totalling $10,315.
Other expenses allegedly incurred in the course of securing the exclusive interview with Lehrmann were a meal costing more than $500 at the Chophouse Restaurant in Sydney – which included a $361, 1.9kg tomahawk steak – a round of golf at Barnbougle, Tasmania, and related equipment for $401, Randwick accommodation for three weeks totalling $11,738, a meal at Franca restaurant in Sydney for $517, a $450 bill at the Spice Temple, Sydney, a $259 bill at the Bridport Hotel in Tasmania and taxi and flight costs.
Auerbach said Spotlight’s executive producer, Mark Llewellyn, had approved the expenses, including flight costs, an extension of the Randwick property and Lehrmann’s alleged request for accommodation with a Jacuzzi.
Auerbach’s testimony also alleged Lehrmann may have handed confidential documents he had received in his criminal trial to the Spotlight program.
The producer said he had observed a “large lever arch hard back folder” Lehrmann brought to Seven containing what he saw to be “about 500 pages of documents”.
“I viewed some of the documents that were being copied and could see that they were exhibits from the applicant’s criminal proceedings,” he wrote. “I saw by way of example Ms Higgins’ text messages.”
Auerbach claimed Lehrmann had lied when he rebuked allegations a Seven credit card was used to book a Thai masseuse.
He also alleges his former employer falsely claimed he was disciplined as a result of misuse of the company card.
On 21 March news.com.au’s political editor, Samantha Maiden, reported a Seven credit card had been used to book a $1,000 Thai masseuse for Lehrmann in November 2022, before staff tried to reverse the charges.
Maiden wrote that the charge had been made without the knowledge or consent of Llewellyn.
Lehrmann said the story was “untrue and rather bizarre”, raising the ire of Auerbach.
He said he was “aggrieved” to read the media reports, which he claimed led to the termination of his employment as an investigative reporter with Sky News Australia.
“I was aggrieved to read the Samantha Maiden article and The Australian article as I knew that Mr Lehrmann’s claims were false as were the statements made by Seven that I was disciplined as a result of misuse of the company credit card,” he wrote.
The affidavit was read into court on Tuesday evening after Justice Michael Lee allowed Channel Ten to present additional evidence.
Auerbach confirmed he had also taken legal advice to launch a contractual dispute with Seven after the publication of the articles.
He said after his employment expired in August 2023, he made a claim against Seven for psychological injury which was settled confidentially.
He said while a former Liberal party strategist and friend of Lehrmann, John Macgowan, had been “present” on the evening of the Thai massage charges, “he did not benefit” from them and left soon after the masseuses arrived.
Channel Seven denied the claims.
“The claims in the affidavits have been presented unchallenged,” a spokesperson said.
“We strongly reject the false and misleading claims relating to the broadcast of material in the Spotlight program. Seven has never revealed its source or sources and has no intention of doing so.
“Seven notes Mr Lehrmann’s court testimony last year that he was not the source. Furthermore, Seven did not condone or authorise the alleged payments to Mr Lehrmann referred to in the affidavits.
“As has been previously reported, the person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed.”
Seven noted that the proceedings remained before the court.
Lehrmann’s lawyer was also approached for comment.
