Posted by Key events
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”.
Read more here:
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.
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.
Read more here:
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.