LEHRMANN RAPED HIGGINS, LOSES DEFAMATION CASE, JUDGE FINDS
‘Justice Lee’s judgment is vindication for the courageous Brittany Higgins’
A Federal Court judge has found that Bruce Lehrmann committed a legal own-goal by bringing defamation proceedings, saying he went “back for his hat” after escaping the lion’s den of a criminal trial.
In a landmark judgment on Monday, Justice Michael Lee found that Lehrmann raped his former colleague Brittany Higgins as he dismissed the former political staffer’s multimillion-dollar lawsuit against Network 10 and journalist Lisa Wilkinson.
In a massive victory for the broadcasters, Justice Lee found that on the balance of probabilities, Lehrmann had sexual intercourse with Ms Higgins inside Parliament House on the morning of March 23, 2019.
Lehrmann has persistently denied the allegation and had claimed he did not have sex with Ms Higgins that morning.
He faced trial in the ACT Supreme Court but the proceedings were abandoned due to juror misconduct.
“Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat,” Justice Lee said in his judgment on Monday.
Justice Lee found that on the balance of probabilities – which is less than the criminal standard of beyond a reasonable doubt – that Lehrmann raped Ms Higgins.
The court heard that Ms Higgins and Lehrmann had been drinking at two Canberra bars with colleagues on the evening in question.
In his evidence, Lehrmann denied that he and Ms Higgins had kissed at bar 88MPH, but Justice Lee described Lehrmann’s testimony as “false” and said it was contradicted by the evidence of fellow political staffer Lauren Gain.
“I consider it more likely than not in those early hours after a long night of conviviality and drinking and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hellbent on having sex with a woman he a) found sexually attractive, b) had been passionately kissing and touching, c) had encouraged to drink and d) knew had reduced inhibitions because she was very drunk,” Justice Lee said.
He also rejected Mr Lehrmann’s explanation that he spent 40 minutes in Senator Reynolds’ office making notes on ministerial briefs about the French submarine issue.
“There was one dominant thought running through the mind of Mr Lehrmann as he was approaching Parliament House, and it was nothing to do with French submarine contracts,” Justice Lee said.
‘TRIUMPH FOR TRUTH’
Justin Quill, partner at Thomson Geer, the law firm representing Network Ten, said the judgment was a “triumph for truth”, that “vindicated” the broadcaster’s decision to publish the story.
“At its core this case was first and foremost about truth and Justice Lee has found that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true,” Mr Quill said.
“Justice Lee’s judgment is vindication for the courageous Brittany Higgins who gave a voice to women across the nation.
“Network 10 is considering Justice Lee’s 324-page judgment. It is clear however that Australia’s defamation laws remain highly restrictive.”
‘TRUE STORY’
Lisa Wilkinson welcomed Justice Lee’s findings when she spoke to fellow journalists outside the courthouse.
“Today the Federal Court has found that I published a true story about a rape in a federal minister’s office in March 2019,” she said.
“I sincerely hope this judgment gives strength to all women around the country.”
The former Network 10 presenter made special mention
she was “so grateful to have had the benefit of an independent legal team”, referencing top silk Sue Chrysanthou.
She thanked her family and “incredibly supportive” friends and colleagues for standing by her during the defamation trial. “I also want to say how grateful I am to all the generous members of the public who have approached me almost every single day to express - often through tears their unwavering support,” she said.
RAPE PROVEN ‘ON BALANCE OF PROBABILITIES’
Justice Lee has found that Mr Lehrmann raped Ms Higgins. However, he noted that this finding was made on the balance of probabilities, which is lower than the criminal standard of beyond a reasonable doubt.
“Mr Lehrmann raped Ms Higgins. I hasten to stress this is a finding on the balance of probabilities,” Justice Lee said.
THE LOGIES SPEECH
Justice Lee has criticised Channel 10 after they gave permission to Ms Wilkinson to make her Logies speech.
The speech caused Mr Lehrmann’s criminal trial in the ACT Supreme Court to be delayed for several months.
“The conduct of Network 10 through its employees in procuring Ms Wilkinson to give the speech … was grossly improper and unjustifiable.”
“It was conduct likely to cause disruption to the criminal justice system and without the Chief Justice making the orders she did, could have imperilled Mr Lehrmann ‘s right to a fair trial.”
HIGGINS DID NOT CONSENT TO SEX
Justice Lee has found that Ms Higgins “did not consent” to intercourse with Mr Lehrmann.
“I’ve reached a state of actual persuasion on the balance of probabilities that Ms Higgins was not fully aware of her surroundings when sexual intercourse commenced and did not consent to intercourse when she became aware Mr Lehrmann was on top of her,” Justice Lee said.
Justice Lee said that Mr Lehrmann had sex with Ms Higgins “without caring whether she consented to this”.
“I am satisfied that it is more likely than not that Mr Lehrmann’s state of mind was so intent upon gratification (that he was) indifferent to Ms Higgins’s consent and hence went ahead with sexual intercourse without caring whether she consented to this,” Justice Lee said.
“I consider it more likely than not in those early hours, after a long night of conviviality and drinking and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hellbent on having sex with a woman he a) found sexually attractive, b) had been passionately kissing and touching, c) had encouraged to drink and d) knew had reduced inhibitions because she was very drunk.”
“In his pursuit of gratification, he did not care one way or the other whether Ms Higgins understood or agreed to what was going on.
“Mr Lehrmann raped Ms Higgins. I hasten to stress this is a finding on the balance of probabilities.”
HIGGINS ‘SERIOUSLY INEBRIATED’
Justice Lee has found that Ms Higgins was “seriously inebriated” by the time she got back to Parliament House.
He pointed to her falling over at a bar and that she was seen swaying as she waited to enter Senator Reynolds’ office.
“CCTV suggests that Mr Lehrmann must have been aware of at least one incident that demonstrated a lack of balance, and things then progressed. He knew she was drinking excessively.”
“It must have been obvious to anyone that alcohol consumption had decreased Ms Higgins’s motor co-ordination. She was seriously inebriated.”
Justice Lee told the court he was satisfied that Ms Higgins was drunk and drowsy at the time she was in Parliament House with Mr Lehrmann.
“I’m comfortable so far that Ms Higgins was a very drunk 24-year-old and was significantly impacted. It is highly likely she was prone to drowsiness,” he said.
“In the light of my findings as to Mr Lehrmann’s conduct, I’m satisfied he was aware of her condition.”
LEHRMANN’S ‘ELABORATE FANCY’
Justice Lee has described Mr Lehrmann’s version of events for why he came back to Parliament House as “elaborate fancy”.
He said that Mr Lehrmann was attracted to Ms Higgins and had just been “pashing” her at a nightclub, despite having a girlfriend. He said his version of events was “fanciful” that he came back late at night to do work, when he had already resigned from the Senator’s office, then just say “cheerio” and leave.
WILKINSON ‘ENTWINED’ WITH HIGGINS
Former Network 10 star presenter Lisa Wilkinson was “badly let down” by her employer before she gave a controversial speech at the Logies, Justice Lee said, though he said she should have known better.
Justice Lee noted she had been “sufficiently prudent” to seek legal advice before she gave the speech, which praised Ms Higgins and resulted in the delay of Mr Lehrmann’s criminal trial in the ACT.
“That action of giving the speech was not, as many had suggested, a case of Ms Wilkinson going off on a frolic and irresponsibly saying something off the top of her head,” Justice Lee said. He found she had given the speech because she was “inextricably entwined with Ms Higgins”.