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Judge gets to work as defamation trial ends

Ten failed to give Lehrmann a proper chance to respond to the allegations, his barrister said. (Mick Tsikas/AAP PHOTOS)

As the defamation trial by Bruce Lehrmann over a Ten report on Brittany Higgins’ rape allegation concludes, all eyes now turn to the judge who oversaw the case, reports MILKOS BOLZA

WITH three legal teams and a slew of witnesses heading home for the holidays, a judge will begin work on his decision in Bruce Lehrmann’s defamation lawsuit.

Justice Michael Lee will have the mammoth task of poring over around 15,000 pages of transcript and 1000 separate exhibits, including hours of CCTV footage as well as audio and video recordings.

He told the court he may begin writing the judgment on Saturday.

Lehrmann is suing Network Ten and journalist Lisa Wilkinson over a February 2021 report on “The Project” where Brittany Higgins was interviewed about her alleged raped in a Parliament House office in March 2019.

He has always denied any sexual contact occurred.

The Federal Court trial has taken 22 days with Lehrmann and Wilkinson appearing in court each day.

The trial’s YouTube livestream has at times been watched by almost 14,000 viewers.

Lehrmann and Ms Higgins each gave testimony over several days.

They have both suffered significant attacks on their credibility with lies and inconsistencies revealed in their differing versions of what occurred.

This was the first time Lehrmann has given evidence under oath about what he claims happened or did not happen as he had the right to remain silent during a prior criminal trial.

Ten and Wilkinson’s lawyers claim Lehrmann is a liar who would say and do anything that suited his interests, urging the court to reject his account that no sexual activity occurred.

Lehrmann’s legal team argues Ms Higgins made up the rape allegation to save her job after she was found naked, alone and passed out in the office of her then boss Senator Linda Reynolds.

Ten and Wilkinson have run three defences, saying the ex-Liberal staffer was not identifiable in the report, that it was true the alleged rape occurred, and that they acted reasonably in publishing a news report of public interest.

Witnesses who gave evidence include Ms Higgins’ family, staff members from Parliament House, police officers who investigated the allegations, a forensic toxicologist and a British lip reader.

Lehrmann previously sued both News.com.au and the Australian Broadcasting Corporation for defamation over their reports on Ms Higgins’ allegations.

In out-of-court settlements with both publishers, Lehrmann received no damages but was paid a total of $445,000 to cover his legal costs of pursuing the cases.

He also received a fortnightly payment of $4000 to cover his rent in exchange for giving exclusive interviews to Seven Network over the allegations and aftermath.

Ms Higgins sued the federal government over alleged workplace breaches and received over $2.4 million in compensation through a settlement.

Media reports on Ms Higgins’ allegations triggered the March 4 Justice which spread across the nation in March 2021.

That same year, Ms Higgins was named Marie Claire’s Woman of the Year and received an ANU fellowship with the Australian arm of the Global Institute for Woman’s Leadership established by former prime minister Julia Gillard.

Lehrmann’s trial in the ACT Supreme Court on a charge of raping Ms Higgins was vacated in June 2022 after Wilkinson gave a speech accepting a Logies award for The Project report.

The postponed trial was derailed by juror misconduct in October that year.

Prosecutors did not seek a second trial, citing concerns for Ms Higgins’ mental health.

 

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