‘COCAINE AND PROSTITUTES’
The judge overseeing Bruce Lehrman’s defamation battle has described ex-Spotlight producer Taylor Auerbach as someone who “desperately wanted to do as much damage to his previous employer” as possible as D-Day draws near in the high-profile trial.
After two days of “sordid” evidence and submissions concerning Mr Auerbach, Justice Michael Lee is preparing his judgment in the blockbuster case that has pitted Mr Lehrmann against Network 10 and journalist Lisa Wilkinson.
Mr Lehrmann sued over Brittany Higgins’ interview with the The Project in which she alleged she was sexually assaulted at Parliament House. Justice Lee was set to make his findings this week.
The case was sensationally reopened to hear evidence from Mr Auerbach, who was central to Channel 7 securing Mr Lehrmann for an interview with its flagship current affairs program Spotlight.
In the witness box, Mr Auerbach made a series of damaging allegations against Mr Lehrmann, his former employers and colleagues, including his ex-boss Steve Jackson.
Justice Lee noted after Mr Auerbach’s evidence that he “hated” Mr Jackson.
Justice Lee told the court on Friday that one could rationally form the view that Mr Auerbach was “a man who desperately wanted to do as much damage to his previous employer as he could conceivably do”.
“That doesn’t mean he’s not a truth teller, but don’t put him up as some sort of noble public interested person who was coming along to get something off his chest because he thought he’d assist his majesty’s justices,” Justice Lee said.
“He’s a man who wanted to make a range of allegations against people under absolute privilege.”
The most damaging of Mr Auerbach’s allegations was that Mr Lehrmann invoiced Seven for $750 worth of “pre-production expenses” in an attempt to be reimbursed for the cost of cocaine and prostitutes.
An invoice tendered to the court showed that Mr Lehrmann in January last year sent an invoice that included $908 for a hire car, $194 for purchases at Sydney bar Hemmesphere and $750 worth of “preproduction expenses”.
Mr Auerbach previously told the court that while on a night out, Mr Lehrmann bought drugs and ordered prostitutes.
“What’s your understanding of the matter to which the $750 charge for pre-production expenses relates?” Network 10 barrister Matt Collins asked.
“Mr Lehrmann’s expenditure on cocaine and prostitutes,” Mr Auerbach said.
“And what’s the basis for that understanding?” Dr Collins asked.
“That he indicated to me he needed to replenish his bank account after the bender,” Mr Auerbach replied, referencing time the pair had spent together in Sydney while Spotlight was trying to secure an interview with the ex-Liberal staffer.
He said he believed the Lehrmann invoice was paid by Seven.
The network previously denied covering costs for illegal drugs or prostitutes.
Text messages between Mr Auerbach and his then-boss, Spotlight producer Steve Jackson, from the night of the alleged “bender” were on Friday tendered to the court.
“He’s on the warpath again,” Mr Auerbach said in the messages. “This is f---ed.”
He later texted Mr Jackson saying: “OMG I have the greatest yarns ever.”
Mr Auerbach said he tried to have Mr Lehrmann’s expenses paid as per diem, however, he was told that was an expense only Seven employees could apply for.
He said he put the $750 charge through as “pre-production expenses” because “that was the vaguest of the categories we could choose without being deceptive or misleading, I suppose”.
He said he was told by Spotlight executive producer Mark Llewellyn that Mr Lehrmann’s expenses were being paid, and he later received confirmation from Mr Lehrmann.
A STRETCH
Mr Lehrmann’s legal team sought to cast doubt on Mr
Auerbach’s claims that the $750 was enough to cover prostitutes and drugs.
Mr Lehrmann’s barrister Matthew Richardson said it was implausible that $750 would cover two nights of cocaine taking and prostitutes.
“Even the least worldly person in this room, which regrettably is probably me, knows your honour that that is a stretch,” he said.
Mr Richardson said Mr Auerbach was “full of loathing” for his former colleagues and employer at Spotlight.
JUDGMENT DAY
After two days of further evidence and submissions about Mr Auerbach, the trial finally came to an end on Friday.
Justice Lee said he hoped to indicate early next week when he’d hand down his judgment “having gone through a not insignificant amount of material”.