Judge’s ruling backs 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 afternoon, 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 Ten 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 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 lion’s 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.
“Mr Lehrmann raped Ms Higgins,” Justice Lee said in his conclusions. “I hasten to stress this is a finding on the balance of probabilities.”
Thomson Geer partner Justin Quill, from the law firm representing Network Ten, said the judgment was a “triumph for truth”.
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.”