What we heard today
After a morning of evidence from two defence witnesses, the afternoon was taken up with legal arguments over whether to admit evidence from a lipreader.
Just a reminder: Bruce Lehrmann is suing Network Ten and journalist Lisa Wilkinson in the federal court over an interview with Brittany Higgins on Ten’s The Project in which she alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.
Lehrmann had pleaded not guilty to one charge of sexual intercourse without consent, denying that any sexual activity had occurred, in the criminal trial which was aborted due to juror misconduct.
Here’s what happened this afternoon:
Justice Michael Lee heard legal arguments about the admissibility of evidence from two experts called by the defence, including a lipreading expert based in the UK. The expert watched the CCTV footage from the Dock bar on the night of the alleged assault and is said to be able to interpret what Lehrmann, Higgins and others were saying.
Lehrmann’s legal team argued that the report produced by the lipreading expert is not “wholly or substantially based on specialised knowledge”.
Ultimately Lee ruled the lip reading evidence will be admitted. Lee said he did not believe he will be “misled or confused” by the evidence and reminded the court that the witness will be cross-examined on his report.
To read about what we heard this morning, click here.
The trial will continue on Monday morning.
Updated
Judge allows lipreading evidence to be admitted
After more than two hours of legal argument and deliberation Justice Michael Lee has ruled that the lipreading evidence will be admitted.
Lee said Bruce Lehrmann has already “rejected propositions” put to him in cross-examination based on the opinions of the lipreader.
Lehrmann was earlier in the trial cross-examined about what he said at the Dock bar while CCTV showed him socialising with Brittany Higgins and others.
Network Ten’s barrister, Matt Collins KC, said that at one point at the Dock bar Lehrmann moved three drinks closer to Higgins on the table and said they were “all hers, all hers”.
“You moved them to the edge of the table so that they were close to Ms Higgins,” Collins said.
Lehrmann replied: “No, I disagree with that.”
Collins said Higgins laughed and touched Lehrmann on the arm, saying: “Oh stop, oh stop.”
Lehrmann replied: “I can’t be certain of that, sorry.”
Collins asked: “You were trying to get Ms Higgins drunk.”
Lehrmann: “No I wasn’t.”
Lee said he did not believe he will be “misled or confused” by the evidence and reminded the court that the witness will be cross-examined on his report.
“I hasten to add that my ruling allowing this evidence to be adduced is not to say that ultimately I will regard the evidence as being of great weight,” Lee said.
“This will depend in part upon the conclusions that I draw upon the foreshadowed cross-examination of the expert; and the cogency of the lipreading evidence will have to be assessed.”
“For this reason, I allow the report to be adduced.”
The court has adjourned until 10.15am on Monday.
Updated
