Summary
Here’s a rundown of what we heard in the afternoon session:
Bruce Lehrmann was asked about when he first understood he was being accused of raping Brittany Higgins. He denied knowing he was the alleged rapist when he read a news.com.au article by Samantha Maiden, but he knew Higgins had implicated him after a reporter from The Australian contacted him.
Lehrmann also described receiving an anonymous email accusing him of doing something that was going to be embarrassing to him. He told justice Michael Lee that when he read the email, he thought someone was trying to impersonate him, and didn’t take too much notice of the email contents.
And for a full recap of what we heard in the morning, click here.
We’ll be back tomorrow morning with more coverage of the defamation trial against Network Ten and Lisa Wilkinson.
Our full wrap of today’s defamation trial proceedings is below:
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The court has now adjourned for the day.
Lehrmann asked in cross examination when he first understood he was being accused of raping Higgins
Lehrmann’s media and legal strategy ahead of The Project’s interview with Brittany Higgins was the subject of cross-examination in the federal court this afternoon.
Lehrmann was asked when he first understood he was the man being accused of raping Higgins in Parliament House.
He denied he knew he was the alleged rapist when he read a news.com.au article by Samantha Maiden, but he knew Higgins had implicated him after a reporter from The Australian contacted him.
Lehrmann told the court Rosie Lewis from the Australian said she had confirmed that he was the man they referred to in the news.com.au article.
Texts and emails in which he discussed with friends and legal counsel how best to respond to the Ten broadcast were presented to the court.
Lehrmann denies reading an email from Ten producer sent a few days earlier.
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Lehrmann received an anonymous email accusing him of doing something that was going to be embarrassing to him
Bruce Lehrmann’s emails and text messages are being raked over in cross-examination this afternoon.
Lehrmann received an anonymous email accusing him of doing something that was going to be embarrassing to him, on 25th of January 2021.
He told justice Michael Lee that when he read the email he thought someone was trying to impersonate him and he didn’t take too much notice of the contents of the email.
Collins: “And did you read this and you understood that the allegation was that there was something that you had done, which was going to be embarrassing to you?
Lehrmann: “I didn’t think it had anything to do with me.”
Lehrmann denied he thought it was a veiled reference to him having sexually assaulted someone.
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Lehrmann tells court under cross-examination that he did not realise Higgins was accusing him when he first read news.com.au article
Bruce Lehrmann’s communication with a journalist from the Daily Mail is the subject of cross-examination at the defamation trial after the lunch break.
An article in the Daily Mail alleged that Channel Ten “botched” its communication with Lehrmann in its attempt to elicit a right-of-reply to Brittany Higgins’ accusation of rape on The Project.
Lehrmann admitted in court he did not include the email from the producer at Ten in a list of documents he had to supply the defence in the process of discovery.
Before the Daily Mail article was tabled in the federal court, justice Michael Lee said: “I haven’t tabled the DM article because I didn’t think anyone was going to table it for the truth.”
There was laughter in the court, prompting Lee to say: “I hasten to add that was no comment about the publication”.
Lehrmann said when he first read the news.com.au article he did not realise Higgins was accusing him.
“No I didn’t,” Lehrmann said when Collins asked if he thought it was him.
Lehrmann told the court he didn’t think he was the man accused until he was contacted by a reporter from the Australian later that day.
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What we've heard so far today
To recap: former Liberal staffer Bruce Lehrmann is suing Network Ten and Lisa Wilkinson over a broadcast he says defamed him by falsely alleging he raped Brittany Higgins in Parliament House on a couch in then-minister Linda Reynolds’ office.
Network Ten and Wilkinson are defending the case and you can read more about their defences here.
Lehrmann was back in the witness box on Monday, where he faced cross examination.
If you’re just joining us, here’s what the court heard on Monday morning:
Lehrmann agreed he lied to Parliament House security and admitted he had been back to Parliament House on other occasions to drink;
Lehrmann denied avoiding his chief of staff Fiona Brown because he was afraid she knew of the sexual assault claim;
Lehrmann admitted lying during an interview with Channel 7’s Spotlight program about his reason for lying to Brown about why he entered Parliament House after hours. Lehrmann said the interview was “hastily arranged” and was a “very nerve-wracking time”, and said he didn’t necessarily know he wasn’t telling the truth at the time of the interview;
Lehrmann was grilled over why he gave his boss – Brown – and the court different reasons for visiting Parliament House. Lehrmann said he was concerned about the “national security implications” that stemmed from the tone of Brown’s meeting;
Lehrmann admitted lying to Reynolds in his “show cause” letter, which he wrote in the days after he entered Parliament House with Higgins. When asked what explanation he gave for the lie that he had left for Queensland, Lehrmann said there were “plans back then to” go to Queensland, and he couldn’t “take himself back there to why”.
The trial is continuing on Monday afternoon.
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Lehrmann admits under cross-examination that he lied to Senator Linda Reynolds
Bruce Lehrmann has admitted under cross-examination that he lied to Senator Linda Reynolds in a letter written in the days after he entered Parliament House after hours with Brittany Higgins.
Lehrmann was asked by Matt Collins KC why he said in his “show cause” letter that he had left Canberra for Queensland when texts with his mother show he was still in Canberra.
Collins: “You are definitely not in Queensland on the fourth or fifth of April?
Lehrmann: “Yes”.
Collins: “And you are not in Queensland on the fourth or fifth at all?
Lehrmann: “Yes”.
Collins: “And here, in a letter to the minister, you’ve lied?”
Lehrmann “Oh, yes”.
Collins: “You accept these messages confirm that you certainly weren’t in Queensland on the 5th of April, as you had represented in your letter to the minister?
Lehrmann: “Well, yes.”
Collins: “What explanation do you give for that lie?”
Lehrmann: “There were plans back then to … [go to Queensland]; I can’t take myself back there to why.”
The federal court also heard that Lehrmann did not tell Brown in his letter that he had gone to Parliament House to work on Question Time briefs.
Collins asked him why he told the court last week that he worked on Question Time briefs but told Brown a different story.
He said he told Brown a different story because he was worried about the national security implications.
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Lehrmann grilled over why he gave boss and court different reasons for visiting office
Bruce Lehrmann was given a short morning tea break before he returned to cross-examination by Matt Collins KC.
After the break Collins took Lehrmann through the day in April 2019 that he was terminated by Senator Linda Reynolds for serious misconduct.
He had a phone call with his chief of staff Fiona Brown, received a letter from the minister asking why his employment should not be terminated, and had written a “show cause” letter in response.
The federal court heard that Lehrmann did not tell Brown in his answer that he had gone to Parliament House to work on question time briefs.
Collins asked him why he told the court last week that he worked on question time briefs but told Brown a different story.
Collins: “You didn’t give that explanation to the minister in your response to the show cause notice that you sent … you made no reference to having been in Parliament House for any form of work-related purpose on the morning of the 23rd of March? Why not?”
Lehrmann: “Well, I was concerned about national security implications that stemmed from the tone of Ms Brown’s meeting.”
The court has adjourned for lunch and will resume at 2.15pm.
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Lehrmann admits lying during Channel 7 Spotlight interview
Bruce Lehrmann has accepted that he lied in an interview with the Spotlight program after he sat down with Liam Bartlett on Channel Seven.
A segment of the interview was played in the federal court as Lehrmann was cross-examined by Matt Collins KC for Network Ten.
Collins asked Lehrmann if he had told Bartlett the truth about his reason for lying to his chief of staff Fiona Brown about the reasons for entering Parliament House after hours.
Lehrmann: “I can’t recall what my mindset was. That interview was very hastily arranged.”
Collins: “But you accept that you lied?”
Lehrmann: “Well, it would appear that way. Yes.”
Collins: “And you knew you were not telling the truth at the time of that interview?”
Lehrmann: “Well, not necessarily. I just said that. That interview was hastily arranged. It was a very nerve-wracking time for me appearing on national television.”
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Lehrmann denies he avoided chief of staff because he feared she knew of sexual assault claim
Collins has suggested to Lehrmann that he avoided discussions with his chief of staff Fiona Brown because he “feared that Ms Higgins had told Ms Brown that you had sexually assaulted her”.
Lehrmann did not agree.
Lehrmann says he can’t remember if he was telling the truth when he sent a text to Brown saying that he could not meet her in person because he wasn’t in Canberra.
Collins: “You received a letter that day from a minister of the commonwealth, asking you to show cause why you shouldn’t have your employment terminated for serious misconduct?”
Lehrmann: “Yes.”
Collins: “You told his honour that you had no difficulty responding to that letter overnight between the fourth night of April and the morning of the fifth?
Lehrmann: “Yes.”
“Where were you when you drafted the response to the minister’s letter?”
Lehrmann: “I can’t recall exactly where I was drafting that letter.” He agreed he was not in Queensland with his mother.
The letter said he was being terminated for serious misconduct for accessing Parliament House after hours and he had been dishonest.
He agreed that he told Brown he wasn’t in Canberra but he can’t remember if he was in Canberra or Sydney or on the road.
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Lehrmann questioned over what he told his boss about Parliament House office visit
Bruce Lehrmann has denied telling his chief of staff Fiona Brown he “didn’t want to get into that” when she asked what else he did in a Parliament House office when he entered with Brittany Higgins after hours.
Collins: “You said to her [Brown], didn’t you, when she asked you what else did you do in the office other than drink whiskey and you said ‘I don’t want to get into that’.”
Lehrmann said he can’t recall all the details of the conversation.
Lehrmann did accept that Brown said she knew he was inebriated and he entered the office to drink whisky, and that he was accompanied by Higgins.
Collins is trying to raise inconsistencies in Lehrmann’s account of what happened on the night. He told the court last week that he worked on question time briefs but he told Brown he drank whisky.
Collins: “I am interrogating your recollection of what occurred in this meeting with Ms Brown on the 26th of March 2019 you understand?’
Lehrmann: “Yes.”
“And I asked you whether you had said to Ms Brown in that meeting that you’ve worked on question time briefs?”
Lehrmann said that meeting with Brown “is very hazy to me. It’s a long time ago.”
Lehrmann had been called in to discuss “a very serious issue” with Brown at 11am and he knew that Brown had not spoken to Higgins yet, Collins told the court.
Collins: “You know very well that you were the first person to be summoned by Ms Brown on the 26th of March 2019 to give an account of what had happened on Saturday morning?”
Lehrmann: “Not necessarily.”
Collins: “That you were effectively told to pack your things to see Ms Brown again before leaving Parliament House but otherwise to leave the building?
Lehrmann: “There’s a line that I disagree with, which is about the specificity of what Ms Brown said to me.”
Collins: “You knew you thought it was a safe assumption that Ms Brown was shortly speaking to Ms Higgins about the same event?”
Lehrmann did not agree.
Collins: “I suggest to you it seemed to you that Ms Higgins would tell Ms Brown that you had sexually assaulted her?”
Lehrmann: “No, that’s ridiculous.”
Updated
Lehrmann asked about which friends he is in touch with
Lehrmann is back in the witness box and is being asked by Matt Collins KC, for Network Ten, about which one of his school friends and adult friends he is still in contact with.
Collins is recapping the evidence of last week asking Lehrmann if he found Brittany Higgins attractive before the night of 23 March 2019; if he had alcohol in a box in his office and if he lied to security to get in to Parliament House.
Lehrmann agreed he had lied to security and he admitted he had been back to Parliament House on other occasions after hours to drink. He denied finding Higgins attractive.
Collins is asking Lehrmann if he remembers telling his chief of staff Fiona Brown, who kept contemporaneous notes of a meeting with him, that he “chatted to Higgins” in the office after-hours.
“You said in response to Ms Brown that you had chatted with Ms Higgins. You recall saying that?”
Lehrmann: “I disagree with her.”
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Justice Michael Lee is canvassing the fairness of having Bruce Lehrmann face two separate cross-examinations.
He said while this defamation case is “hotly contested” it is not so legally complex to warrant two cross-examiners.
“A duplicate cross-examination is likely to add rather than shorten the length of any hearing and it seems to me likely to be more efficient for one cross-examiner to canvass all issues during the course of one cross examination,” Lee said.
However, he has granted Sue Chrysanthou SC, for Wilkinson, the right to separately cross-examine but only in a limited sense.
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Lehrmann’s team challenges Wilkinson’s decision to have separate legal representation from Network Ten
Bruce Lehrmann’s legal team has challenged Lisa Wilkinson’s decision to have separate legal representation from Network Ten.
Wilkinson is being represented by Sue Chrysanthou SC and Ten has retained Matt Collins KC who has already cross-examined Lehrmann.
Chrysanthou has asked Justice Michael Lee to allow her to separately question Lehrmann because Wilkinson no longer works for Ten and she has faced “direct allegations” by Lehrmann.
“Ms Wilkinson principally proposes to cross-examine Mr Lehrmann on matters which Network Ten cannot,” Lee said.
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Lisa Wilkinson is also at court today – here she is arriving with her barrister Sue Chrysanthou SC (more on that in a moment):
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Photos have dropped of Bruce Lehrmann arriving at the federal court in Sydney this morning:
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This blog will cover major developments during the day.
In the interests of open justice and due to significant public interest, the federal court is livestreaming this case.
You can follow it on YouTube.
Lisa Wilkinson’s case against Network Ten over legal costs has been transferred from the supreme court to the federal court and costs have been ordered to be paid by Wilkinson.
Wilkinson is suing her employer over a dispute about payment of more than $700,000 in legal costs in the Bruce Lehrmann defamation case.
The high-profile television presenter and former presenter of The Project is using a separate legal team to Network 10 to defend the defamation case brought by Lehrmann, who is suing both over their interview with Brittany Higgins in 2021.
Justice Michael Lee said he will deal with Wilkinson’s case against Ten at a later time.
Wilkinson is in the public gallery today as Lehrmann continues his cross-examination.
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Welcome to a live blog which will cover the defamation case that former Liberal staffer Bruce Lehrmann has brought against Network Ten and Lisa Wilkinson.
We will bring you significant updates as and when they happen.
Lehrmann will return to the witness box today as the second week of the hearing begins.
Lehrmann is suing over a broadcast he says defamed him by falsely alleging he raped Brittany Higgins in Parliament House on a couch in then-minister Linda Reynolds’ office.
Network Ten and Wilkinson are defending the case and you can read more about their defences here.
The federal court heard last week Lehrmann’s account of what took place when he entered Parliament House in the early hours of 23 March 2019 with Higgins after a night of drinking at Canberra venues.
Higgins accused him of rape and at an aborted criminal trial Lehrmann pleaded not guilty to one count of sexual intercourse without consent.
Charges were dropped in December 2022 after an earlier mistrial due to juror misconduct.
At the civil trial Lehrmann told Justice Michael Lee he entered the office suite where he spent up to 40 minutes annotating briefs for question time by hand but did not access his computer or have any contact with Higgins.
Ten’s silk Matthew Collins KC put it to Lehrmann that he had sexual intercourse with Higgins while she was “semi-conscious or passed out”.
Lehrmann denied all contact with Higgins. “I did not have sex with her,” Lehrmann said on Friday.
