Court is adjourned
Justice Lee has reserved his decision which he said he would make “as quickly as I can”.
He said he has “not an insignificant amount of additional material” to absorb and another matter to deal with first.
He will tell the parties early next week when he will be able to deliver his judgement, but it won’t be Monday or Tuesday.
“But I’ll let you know, I will try to give you as much notice as possible,” he said. “Believe me, there is a symmetry of interest [in delivering a judgement] as quickly as possible.”
The court has now adjourned.
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A “stretch” to think $750 for two nights of sex workers and drugs was enough, court hears
Matthew Richardson, for Lehrmann, is presenting his final submissions.
He submits Auerbach’s evidence was weak.
Richardson said that the only evidence presented was that Seven paid for “two nights of prostitutes and illicit drug were covered by a $750 entry for pre production expenses”.
“That was two nights with him and Mr Auerbach with the drugs and the prostitutes, even the least worldly person in this room, which regrettably is probably me, Your Honour, that that is a stretch.”
Journalism and the code of ethics under scrutiny
Closing submissions have addressed the importance of the code of ethics to journalists.
Collins told the court no-one on The Project is a member of the Media Entertainment and Arts Alliance and is therefore not subject to the code of ethics.
“Call me old fashioned but I would have thought, certainly when I was a copy boy at John Fairfax and I was speaking to journalists, I would have thought that they believed that they should report and interpret honestly, striving for accuracy, fairness and disclosure of all the essential facts and would not allow a personal interest or any belief to undermine the accuracy, fairness or independence of the reporting,” Lee said.
Collins told the court that journalism was “a complicated … evolving profession involving different mediums of communication, different business exigencies”.
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Justice Lee raises concerns over scope of new evidence, likening proceedings to a ‘rabbit hole’
Justice Lee is discussing his general thoughts regarding evidence and gives some insight into the key points he will consider in his judgment. He says he has looked very closely at the security video of what happened at the Dock bar in Canberra the night of the alleged rape of Higgins.
“I think I could sit down and draw from memory architectural plans of the Dock for the amount of times that I’ve looked at that video,” Lee says.
Lee had earlier told the court he was concerned about the scope of the new evidence raised at the proceedings.
“I’m just concerned how far we’re going down into what is increasingly looking like a rabbit hole.”
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The evidence is ‘sordid’, says Justice Lee
Justice Lee is asking Collins why this evidence about Seven allegedly paying for sex workers and drugs – which he describes as “sordid” – is relevant to his findings in the defamation case.
“If I form the view that Mr Lehrmann is a man whose credit has been so impugned that I’d be unwilling to accept anything he said, unless it’s corroborated by a witness whose evidence I accept, or contemporaneous material, why would it be appropriate for me to get into this somewhat … how can I put it, sordid… [evidence]?”
“I am reluctant to go down paths which I don’t need to go.”
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Court told Channel Seven paid for more than $10,000 in drugs and sex workers for Bruce Lehrmann’s benefit
The federal court has heard that Channel Ten claims $10,000 of Seven’s money was spent on drugs and prostitutes for the benefit of Bruce Lehrmann.
Collins: “And, at the end of the day, I would submit the central facts are not really much in dispute.
“Mr Auerbach did spend in excess of $10,000 on Mr Lehrmann on Seven’s corporate credit card to pay for prostitutes and drugs.
“And Mr Lehrmann benefited from those purchases.”
Collins told the court that after admitting to these expenditures on the company credit card Taylor Auerbach did not lose his job.
“Mr Auerbach was being kept in the fold,” Collins said. “His job was to continue babysitting Mr Lehrmann.”
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Lehrmann breached Harman undertaking, court hears
Collins says it was Auerbach’s job to build a rapport with Lehrmann. He said although the formal agreement between Seven and Lehrmann was not signed until April of 2023, the deal had been done verbally some six months earlier in October 2022.
Collins says Auerbach has a photograph, taken by Mark Llewellyn, of documents from Lehrmann’s computer of an AFP brief in electronic form at a house rented by Seven for Lehrmann in Randwick.
It is Ten’s submission that Lehrmann breached his Harman undertaking by AirDropping documents and providing messages.
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Ten’s barrister Matt Collins is now presenting his final submissions
Collins says that the statement of agreed facts the parties have agreed to is that an Australian Federal Police brief was disclosed to Bruce Lehrmann during the criminal proceedings in the ACT by the ACT Office of the Director of Public Prosecutions.
That brief included 2,312 pages of text messages passing between Brittany Higgins and her former boyfriend Ben Dillaway.
Collins says Auerbach’s evidence is that he received those text messages while on a golf trip with Lehrmann in Tasmania. He says it was AirDropped to him.
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Court resumes
The court has resumed. Ten’s barrister, Matt Collins KC, is tendering documents produced by Taylor Auerbach. Justice Lee will now hear closing submissions.
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What we've heard so far today
Former Seven producer Taylor Auerbach returned to the stand today where he continued giving explosive evidence.
Here are some of the key moments so far:
Auerbach was asked to explain what discussions he had with his superiors at Seven after he put $10,000 for Thai massages on a corporate credit card. He claimed Spotlight executive producer Mark Llewellyn told him the credit card charges “would be a bad look and I needed to keep it quiet”;
Auerbach told the court Bruce Lehrmann told him he ““appreciated the fact that I wasn’t sitting with the rest of the feminazis in the press pack”;
Auerbach said payment for the Spotlight interview was discussed, with a payment of “vaguely $200,000” mooted;
Auerbach claimed invoices produced by Seven Network to the court for pre-production expenses were for “Mr Lehrmann’s expenditure on cocaine and prostitutes”.
The court also released more documents, including messages between Auerbach and Steve Jackson during the night of the alleged “bender” in January 2023, during which Auerbach alleges Lehrmann bought cocaine and ordered the services of sex workers. The text messages between the producers show Auerbach texting Jackson: “He’s on the warpath again.” And then: “This is fucked.”
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Video of Spotlight executive producer wringing out wet towel played in court
During re-examination today, Auerbach has been questioned on videos, messages and even a photograph of a pair of shoes – which he alleges he took at Spotlight executive producer Mark Llewellyn’s home and proves a meeting took place there on that day – to back up his evidence.
Among them is a video of Llewellyn, wringing out a wet towel with Boney M.’s Rivers of Babylon over the video. Auerbach said he was parodying Llewellyn’s video in a video he filmed of himself destroying former Spotlight producer Steve Jackson’s golf clubs.
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Channel Ten accused Lehrmann of leaking confidential material, documents reveal
Another detail that has emerged in the document dump this morning is a back and forth between lawyers for Channel Ten and Lehrmann in June 2023, in which the network accuses Lehrmann of leaking confidential material from his criminal proceedings to media.
“Mr Lehrmann chose to give an extended interview to the 7NEWS Spotlight program that aired on Sunday evening, apparently contrary to advice he had received from your firm,” Ten’s lawyer wrote.
“In the course of the Spotlight program, a number of materials were referred to that appear to have been provided to the Seven Network in breach of Harman implied undertakings.
“The raft of media reports this week appears to have been orchestrated by Mr Lehrmann or on his behalf, apparently contrary to legal advice. As I depose in my affidavit, Mr Lehrmann said on Spotlight that he has ‘nothing to lose’, that we should ‘beware’ the man who has nothing to lose, and that there was ‘more to come’.
“The obvious inference is that the documents the subject of Harman undertakings were provided by, or with the knowledge or complicity of, Mr Lehrmann.”
Lawyers for Lehrmann emailed back, calling these allegations “serious” and saying they were “unaware as to any basis for you to make the allegation”. They added that the fact Channel Ten’s lawyers had made them would be used “in support of his claim for aggravated damages in the proceedings as against your client”.
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Auerbach claims invoices produced were for 'Lehrmann’s expenditure on cocaine and prostitutes'
Seven Network has produced to the court an invoice from 14 January 2023 from Bruce Lehrmann for a hire car and a George Street bar. Another item was a $750 charge for “pre-production expenses”.
In the absence of the witness, Matt Collins, for Ten, said the invoice suggests “pre-production” expenses was code for cocaine.
Auerbach returned to the witness box and said the expression pre-production expenses was for “Mr Lehrmann’s expenditure on cocaine and prostitutes”.
“He indicated to me he needed to replenish his bank account after the bender,” Auerbach said.
Richardson has objected that the invoice for pre-production expenses is not the same as “per diems” evidence he gave yesterday.
Lee allowed the evidence and the invoice was tendered.
Auerbach’s evidence is now complete and he has left the witness box.
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Lehrmann talked about receiving $200,000 for Spotlight interview, court hears
Auerbach has told the court he and Lehrmann’s media adviser John Macgowan had a discussion in a Canberra cafe about how much the former Liberal staffer would expect to be paid.
“Mr McGowan has a previous friendship with somebody who had been on Channel Seven program who had received $150,000,” he said. “So he said I know what she got. So we’ll start from there and we sort of talked about vaguely $200,000.”
The former Spotlight producer said the two men discussed how they might pay Lehrmann indirectly through a trust.
“We talked about the fact that Mr Lehrmann had many legal fees and needed to be compensated and we started talking about how that payment might work. Rather than giving the money to Mr Lehrmann, it might go into a trust account. For example, in Mr Macgowan’s name, and the figures discussed.”
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Judge makes lighthearted remark about struggling to read evidence
A moment of relief in the courtroom, as the judge makes a lighthearted remark about struggling to read some evidence – a screenshot of text messages between Auerbach and Steve Jackson allegedly relating to paying cash to Thai masseuses, so that the charges for their services on the Channel Seven credit card could be reversed.
“I appreciate that’s very, very small writing,” said Collins, the lawyer for Channel Ten.
“If I’m supposed to read this … hang on, let me get my iPhone light,” Justice Lee said to laughter from the gallery.
“We’ll have this blown up, your honour,” said Collins.
“I’d be grateful,” said Lee.
It’s not the first light moment from Lee during the course of Auerbach’s evidence. While watching video evidence yesterday of Auerbach destroying Jackson’s golf clubs – something that Auerbach says was a parody video – Lee quipped “the shorter the iron, the more difficult it is”.
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Lehrmann appreciated Auerbach 'wasn’t sitting with the rest of the feminazis in the press pack'
Bruce Lehrmann told Taylor Auerbach “he appreciated the fact that I wasn’t sitting with the rest of the feminazis in the press pack”, the former Spotlight producer has told the federal court.
Auerbach was discussing how he made a verbal agreement with Lehrmann for an exclusive interview with Spotlight.
Auerbach told credit card charges ‘would be a bad look’ and to ‘keep it quiet’, court told
Auerbach is being asked to explain what discussions he had with his superiors at Seven after he put $10,000 for Thai massages on a corporate credit card.
The former Seven producer said his supervising producer Steve Jackson asked him to ask the masseuse to refund the card and accept cash instead.
Auerbach said a series of text messages between Auerbach and Jackson show they discussed reversing the charges. He said he spoke to the woman by using Google translate.
Collins: “Given you said in your letter that these expenses had nothing to do with work, are you able to explain why you mentioned this matter in the affidavit at all?”
Auerbach said he did say that in his letter but “very soon afterwards, it was made clear to me that it had everything to do with work”.
Auerbach said Llewellyn told him the credit card charges “would be a bad look and I needed to keep it quiet”.
At that meeting he alleges Llewellyn offered him a promotion and pay rise within days of the $10,000 he spent.
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Lisa Wilkinson’s lawyers to attempt to call Seven executive Bruce McWilliam for cross-examination
Before the break, Sue Chrysanthou’s junior indicated the barrister for Lisa Wilkinson wanted to make an application this afternoon to call Seven executive Bruce McWilliam for cross-examination about his affidavit.
The outgoing Seven West Media commercial director, who is Kerry Stokes’ righthand man, was in court yesterday after swearing his affidavit.
The network had been asked by the court to explain why it had not produced any documents in reply to subpoenas last year.
McWilliam appeared to point the finger at Mark Llewellyn, the executive producer of the Spotlight program, who had assured him there was nothing to produce.
“Given Mr Llewellyn’s status as executive producer, I had no reason to doubt his indication that no written or electronic communications with Mr Lehrmann existed and consistent with that indication extensive searches of Seven’s email system were not performed at that time.”
The media company has now searched the email system and produced a handful of documents.
Ten silk Matt Collins said it “beggars belief” that there was only one communication between Lehrmann and Seven in a seven-month period running up to the broadcast of an interview with him.
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The court has now resumed and Auerbach is back in the witness box. He is being re-examined by Ten’s barrister Matt Collins.
Auerbach texted colleague that Lehrmann was 'on the warpath' during night of alleged 'bender'
There has been a big document dump on the federal court’s website this morning, with 17 exhibits and affidavits relating to yesterday’s evidence uploaded to the site.
These include screenshots of text messages between Auerbach and Steve Jackson during the night of the alleged “bender” in January 2023, during which Auerbach says Lehrmann bought cocaine and ordered the services of sex workers. Auerbach told the court on Thursday that the drugs and sex workers were paid for by Lehrmann, who was then reimbursed by Channel Seven as “per diem” charges.
The text messages between the producers show Auerbach texting Jackson: “He’s on the warpath again.” And then “This is fucked”.
In court on Thursday, Auerbach said these messages referred to Lehrmann, who agreed that night to do an exclusive interview with Channel Seven’s Spotlight program.
At 3.37am, Auerbach wrote to Jackson: “Omg I have got the greatest yarns ever”.
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Seven refutes Auerbach's evidence of being offered payrise and promotion
The Seven Network put out a statement last night refuting what Auerbach told the federal court about being offered a pay rise and a promotion by Seven after putting $10,000 on a corporate credit card.
Today Auerbach was asked by Lehrmann’s barrister Matthew Richardson SC if he was aware of Seven’s statement and if he stood by his evidence of yesterday. He said he did and “both were offers”.
Richardson: “And they deny that you had received a pay rise or a promotion … Do you still say this occurred?”
Auerbach: “Yes”.
Richardson: “Did you receive any letter or document confirming the pay rise or the promotion?
Auerbach: “I don’t recall”.
In a statement released to the media outside of court, a Seven spokesman said the network was appalled by the allegations made in recent days.
“We do not condone the behaviours described in these allegations. They do not reflect the culture of Seven.
“Seven did not offer a promotion or pay rise to Mr Auerbach in November 2022, nor did it do so at any time after that. Seven did not reimburse Bruce Lehrmann for expenditure that has allegedly been used to pay for illegal drugs or prostitutes, and has never done so. Seven notes the matter remains before the courts.
“Seven also takes issue with the allegations recently made about its conduct. Contrary to the claims reported in the media, Seven complied with all of its obligations in relation to producing documents in response to subpoenas issued to it. Seven has at no point asked anyone to delete or destroy any evidence. As previously stated, Seven did not condone or authorise the alleged payments to Mr Lehrmann referred to in the affidavits recently made public. The person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed. Seven has acted appropriately at all times.”
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Court adjourned
Auerbach has left the witness box while legal counsel discusses the tabling of documents. Ten silk Dr Matt Collins KC has asked for an adjournment while he examines new documents. Lisa Wilkinson’s legal team has indicated it would like to make an application to call Seven West Media executive Bruce McWilliam for cross-examination over his affidavit.
The court is now adjourned until 11.50am.
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Auerbach insists he was offered pay rise and promotion by Seven while courting Bruce Lehrmann
Auerbach, a former producer at Seven’s Spotlight program, is now in the witness box for the second day.
His evidence is about his relationship with Bruce Lehrmann while he was courting him for an exclusive interview.
Auerbach is being asked by Lehrmann’s lawyer Matthew Richardson if he received a pay rise and promotion when he was at Seven because the network made a statement yesterday denying that he was given such an offer.
Auerbach insists he did receive the offer but he can’t produce it in writing.
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The hearing is starting at 10.45am today with the cross-examination of Taylor Auerbach to resume.
The documents, which were tendered in evidence yesterday, including four affidavits from Auerbach, have now been released by the court. We will bring you more on that later.
Federal court of Australia to livestream the case on YouTube
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 watch the Bruce Lehrmann defamation trial live stream on YouTube here, starting from 10.45am.
Why has the Bruce Lehrmann defamation case reopened?
Counsel for the respondent, Network Ten, raised questions in an emergency late night hearing on Tuesday about whether parts of Bruce Lehrmann’s evidence in the federal court defamation case may have been false, arguing that “fresh evidence” needed testing.
The main two matters relate to how much Seven spent on wooing Lehrmann and what confidential material from his criminal trial, if any, Lehrmann handed over to Seven.
The allegations by Taylor Auerbach that have grabbed headlines relate to a claim that Seven paid thousands of dollars for massages, drugs, sex workers, accommodation and meals for Lehrmann while they tried to get him over the line for an exclusive interview. The allegations are yet to be tested by the court.
While not illegal, Seven has always insisted Lehrmann was not paid, it only helped with accommodation during filming and Lehrmann only declared the $104,000 in rental accommodation he was paid.
Ten alleges that Lehrmann and Seven have not been honest about the financial benefits received by the interviewee.
The possible supply of any documents to Seven is relevant to the defamation case because Seven, Lehrmann and Lehrmann’s counsel have all denied anything passed between them.
If proven, the evidence could go both to Lehrmann’s credibility and raise questions as to whether he abused the court process, which may affect the quantum of any damages he is awarded should his claim be successful.
Dr Matt Collins KC, for Ten, raised questions before Justice Lee about whether Lehrmann may have given false instructions to his solicitors and whether he may have committed “a very serious contempt by providing material subject to an implied undertaking to Seven”.
Ten alleges in its submission that Lehrmann has “in the conduct of this proceeding, engaged in an extreme abuse of process”, given evidence that was “wilfully false” and “committed a disgraceful contempt that warrants a referral for prosecution”.
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How the Bruce Lehrmann defamation case unfolded
In 2021, the Liberal staffer Brittany Higgins made an explosive allegation, claiming she had been raped two years earlier on a minister’s couch in Parliament House.
She made the claim in an interview with news.com.au and a television interview which was aired by Channel Ten’s The Project on 15 February.
The media outlets did not name the alleged rapist but Higgins’ colleague Bruce Lehrmann later claimed he was identifiable and sued news.com.au, Channel Ten and its presenter Lisa Wilkinson for defamation.
Lehrmann maintains his innocence and at his criminal trial in 2022 pleaded not guilty to one charge of sexual intercourse without consent, denying that any sexual activity had occurred.
After his criminal trial was aborted in December 2022, prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to her health. Lehrmann then pursued Ten and Wilkinson in the courts, resulting in a five-week defamation trial which ran until just before Christmas.
Click below to read more about how the story has played out so far.
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What we heard yesterday
If you missed Taylor Auerbach’s explosive evidence yesterday, here’s what you need to know:
1. Auerbach told the court Lehrmann bought cocaine and googled sex workers on night out
2. Auerbach claimed he was offered a pay rise and promotion after being rebuked by Seven for putting a Thai massage parlour expense on Channel Seven credit card and offering his resignation
3. Auerbach admitted in court that he “hates” former colleague Steve Jackson
4. Auerbach admitted to sending naked photos of a woman to journalists without her consent
5. Auerbach claimed he let Lehrmann into Seven offices to photocopy documents.
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Good morning
Welcome to live coverage of the Bruce Lehrmann defamation trial for the second day of new evidence after the trial reopened yesterday.
Justice Michael Lee has allowed Network Ten to present additional evidence in its defence of the defamation case brought by Lehrmann.
The trial reopened yesterday – the day the judgment was originally due to be handed down – to hear evidence of a new witness, the former Seven producer Taylor Auerbach. Auerbach returns to the stand today to continue giving evidence.
To recap: Lehrmann is suing Lisa Wilkinson and her employer Network Ten for an interview with Brittany Higgins that was broadcast on The Project in 2021. He alleges the story, which did not name him, defamed him by suggesting he raped Higgins in 2019.
Lehrmann has always denied the rape allegation and, in a previous criminal trial, pleaded not guilty to one charge of sexual intercourse without consent. He denied that any sexual activity had occurred.
The criminal trial was aborted after it was discovered a juror had conducted their own research in relation to the case.
In December 2022 prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to her health.
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