What we heard today
Today we heard the last of the closing arguments and final submissions in a case that has run for more than four weeks, finishing up in the final hours before the federal court broke for the year.
A recap: Bruce Lehrmann is suing Network Ten and Lisa Wilkinson for defamation over an interview with Higgins broadcast on The Project and online which did not name him but alleged she had been raped by a Liberal staffer in March 2019.
Lehrmann has denied raping Brittany Higgins and during his criminal trial pleaded not guilty to a charge of sexual intercourse without consent. His first criminal trial was abandoned due to juror misconduct and the second did not proceed due to prosecutors’ fears for Higgins’ mental health.
Here’s what we heard during the defamation trial today:
Justice Michael Lee made arrangements for the transcript of the entire proceedings to be made available for inspection with the court in every state and territory of Australia after what he called “ludicrous” allegations on social media that there has been a cover-up of some evidence and protection of witnesses.
Lehrmann’s barrister Steve Whybrow SC told the court the broadcast of the interview with Brittany Higgins on The Project in 2021 unleashed a “virus of madness that spread amongst everybody, from politicians to journalists where subjudice just went out the window and where the rights of the individual ceased to exist”.
Whybrow contended that CCTV from the night at the Dock showed Bruce Lehrmann was not plying Brittany Higgins with drinks, but was just being friendly when he lined up her drinks in front of her.
Whybrow said “there is no way, as Ms Higgins asserts, that she’s 10-out-of-10 drunk ...”
Whybrow argued that Brittany Higgins’ evidence is not reliable, that she has changed her story when it suits her and has lied to police, employers and friends.
Justice Lee suggests Higgins’ behaviour could be consistent with “a narrative of someone coming to terms with something traumatic”.
Justice Lee also said it is simplistic to suggest a young woman could not have been sexually assaulted because she carried on in a professional manner.
A copy of British lip reader Tim Reedy’s report on the CCTV vision from The Dock bar in Canberra on the night of the alleged rape was uploaded to the federal court file.
Whybrow said it was very brave of Lehrmann to tell police “no sex occurred” when he could not possibly have known there was no forensic evidence.
Whybrow’s submission is that Higgins went and laid down on the minister’s couch, took her own dress off and fell asleep, and no sexual assault happened.
Whybrow said he contends that the rape allegation against his client is part of a political hit job fuelled by Higgins’ fiance David Sharaz.
Lehrmann’s legal team say that Higgins fabricated the photograph of a bruise on her leg which she claims was caused by Lehrmann when he was raping her.
In response to these submissions, Sue Chrysanthou SC, acting for Lisa Wilkinson, said Lehrmann was not identified by the Project and an ordinary viewer would have no idea who the Liberal staffer was. She also said there was no explanation as to why Lehrmann did not reply to an email from The Project which gave him 80 hours to respond.
Justice Lee said Lehrmann’s behaviour when he left Parliament House without checking on Higgins is “a tad odd”. “At the very best it’s a bit caddish.”
The trial, which ran over 21 days, concluded and Justice Lee has reserved his decision. His Honour thanked the parties for their exemplary conduct and is expected to deliver his judgment early in 2024.
Updated
Judge acknowledges what could have been ‘difficult case to control’ after final arguments delivered
The trial, which ran over 21 days, is now over and Justice Lee has reserved his decision.
He thanked the parties for their exemplary conduct in what could have been “an extraordinarily difficult case to control and manage in the courtroom given its controversy”.
“I wanted to express my personal thanks to each of the counsel involved and the solicitors for allowing it to run so smoothly. And certainly, the interactions between everyone at the bar tables has been the best traditions for the bar and I’m extremely grateful.”
Lee is expected to deliver his judgment early in 2024.
Updated
