Ex-producer’s final hit at Lehrmann in court
Ruling in fiercely fought defamation battle to be handed down
Former Spotlight producer Taylor Auerbach has delivered a final blow to Bruce Lehrmann, noting in new court documents his silence in response to the producer’s bombshell claims in court was “deafening”.
In a move that reopened the case, Mr Auerbach made bombshell claims across multiple affidavits, and later in court, that Mr Lehrmann was wooed with prostitutes, expensive meals and cocaine, reimbursed by Seven, to secure his exclusive interviews with Spotlight.
He further alleged Mr Lehrmann had provided the program with documents not previously in the public domain, in breach of his Harman undertaking – a legal rule that says such files should not be repurposed outside of their intended use in court proceedings.
The Federal Court on Tuesday afternoon announced Justice Michael Lee will hand down his highly-awaited judgment in Mr Lehrmann’s fiercely-fought, high stakes defamation battle with Network 10 and Lisa Wilkinson on Monday morning.
As Justice Lee prepares to hand down his findings, Brittany Higgins’ barrister Nicholas Owens, and Mr Auerbach’s lawyer, Rebecca Giles, made their final submissions to the court.
During his evidence to the court, Mr Auerbach, who was instrumental in securing Mr Lehrmann for an exclusive interview with Spotlight, made a series of damaging allegations against Mr Lehrmann.
He told the court that Mr Lehrmann supplied the program with documents and files from his ACT Supreme Court trial, in contravention of court rules.
He also alleged that Seven paid for or reimbursed Mr Lehrmann for a raft of expenses including accommodation, meals, drugs and prostitutes.
Mr Lehrmann and Network 7 have issued denials in relation to the claims outside of court.
Mr Auerbach’s solicitor Rebekah Giles said a submission filed on Tuesday that Mr Lehrmann had “personal knowledge” of the matters to which Mr Auerbach gave evidence.
Ms Giles argued that Mr Lehrmann could have given new evidence to the court however his “silence was deafening”.
“Mr Lehrmann could have given evidence about what documents he did or did not provide to Seven – via Mr Auerbach, (Spotlight executive producer Mark) Llewellyn, or otherwise.”
In their own submission filed on Tuesday night, Brittany Higgins’ lawyers said “info” contained in a key court document that she may have been “drugged” on the night she alleges she was sexually assaulted at Parliament House should have been explored.
In an affidavit to the court, former Spotlight producer Taylor Auerbach said that he was emailed a copy of a document, referred to as the “master chronology”, by Mr Lehrmann.
That document contains extracts of a “diary note” made by senior AFP officer Leanne Cross.
“I also have concerns from info I heard that this may have happened before or could happen again,” the note in the chronology document reads.
“(I was referring to info that alleged victim may have been drugged). Paul – we need to speak to a range of people. Security staff cleaners may have info.”
In his submissions, Mr Owens notes: “As far as she is aware, the potential that Ms Higgins was drugged is not an issue that has been raised or explored in these proceedings, and while there is evidence now that there was ‘info’ that Ms Higgins was drugged, and that the concerns expressed in that note were held, the nature of that ‘info’ and the basis upon which the concerns were held was not explored.”
The AFP note was not tested or explored during the defamation trial or during Mr Lehrmann’s Supreme Court trial.
He was not questioned about the matter during his testimony to the Federal Court.