By Duncan Murray in Sydney

TEXT messages by Brittany Higgins that were leaked to the media may be a deliberate effort to influence a defamation case brought by Bruce Lehrmann, the Federal Court has heard. 

The phone records were reportedly sent to the parties involved in Mr Lehrmann’s criminal trial in the ACT Supreme Court over allegations he has always denied that he raped Ms Higgins in Parliament House.

The case was dropped due to Ms Higgins’ inability to continue as a witness over health concerns, after which Mr Lehrmann launched defamation action against the ABC, Network Ten and journalist Lisa Wilkinson.

High-profile defamation barrister Sue Chrysanthou SC, who is representing Wilkinson, told the Federal Court in Sydney on Friday the ongoing media storm surrounding Ms Higgins and her client seemed like an “orchestrated campaign” to influence the proceedings.

She said the “overwhelming impact” on Ms Higgins of having her phone records leaked to the media could influence her ability to appear as a witness.

“The publicity of the last few days could only have been calculated to put pressure on witnesses not to co-operate,” Ms Chrysanthou said.

Ms Chrysanthou suggested Mr Lehrmann be asked if he was involved in leaking the text messages to the media.

“We’ve made inquiries of all other parties,” she said.

Mr Lehrmann’s barrister, Matthew Richardson SC, said his client “absolutely denies” the suggestion he was involved in leaking evidence, which he described as a “grave and serious allegation”.

Ms Chrysanthou also said an interview with Mr Lehrmann aired by Channel Seven on Sunday only showed his side of events and painted Ms Higgins and Wilkinson as “villains”.

“We have seen this week… an overwhelming amount of inappropriate media,” Ms Chrysanthou said.

“That publicly has been to such an extent that it… has had the effect… of putting improper pressure on my client. Overwhelmingly so.”

Lawyer for Ten and the ABC, Dr Matthew Collins KC, said Mr Lehrmann had made clear he “intends to run a public campaign against Ms Higgins in the media”.

Justice Michael Lee said an official application would have to be made to the court regarding any alleged efforts to interfere with the administration of justice.

“I’m not seeking to minimise people’s personal feelings about it… but in the exercise of judicial power I deal with applications, not complaints,” Justice Lee said.

Ms Chrysanthou said she expected to receive instructions from her client to make such an application.

Last month Mr Lehrmann settled related defamation proceedings over News Corp and journalist Samantha Maiden’s coverage of Ms Higgins’ allegations.

The media firm did not pay any damages to Mr Lehrmann under the settlement but agreed to pay some of his legal costs.

Also on Friday, Justice Lee ruled the defamation trial set for later this year would not involve a jury, for reasons including the highly public nature of the case.

Justice Lee said it would be “difficult if not impossible” to find a jury that hadn’t been exposed to elements of the case and likely formed an opinion as to Mr Lehrmann’s guilt or innocence in relation to the rape allegations.

Labor sees ‘political profit’ in Higgins: coalition