Sunrise presenter Matt ‘Shirvo’ Shirvington has raised the question on the minds of many Australians after Bruce Lehrmann lost his defamation case against Network Ten and journalist Lisa Wilkinson.
Lehrmann was found to be most likely to have raped Brittany Higgins on Monday, but Federal Court Judge Michael Lee did not rule on the costs of handling the case, estimated at around $10 million.
Speaking to Channel Ten lawyer Justin Quill on Tuesday morning, Shirvington asked how much Lehrmann, who launched legal proceedings against Ten and other media outlets, will have to pay after his stunning own goal.
—You would know better than anyone, Justin, right? the cost of a case like this. What kind of legal costs will Bruce Lehrmann potentially face? he asked.
Quill said the costs Lehrmann faces “will be significant,” adding that Judge Lee had asked for submissions from both sides about their costs before deciding who should pay what.
‘That order… would be reasonably certain to be in Ten’s favor and perhaps on an indemnity basis, meaning Ten would be entitled to recover all of its costs.
Bruce Lehrmann was found to be most likely to have raped Brittany Higgins (pictured) on Monday, but Judge Michael Lee did not rule on the costs, estimated at around $10 million.
Bruce Lehrmann (pictured) did not comment to the media as he left court on Monday.
“Whether they will be able to recover those costs is another matter and will largely depend on Bruce Lehrmann’s means,” he said.
Mr. Quill also explained the difference between a civil sentence and a criminal sentence. Lehrmann’s legal action for defamation was a civil case.
“Probably one of the biggest differences… is that Bruce Lehrmann is at home, he wakes up at home this morning and he doesn’t wake up in prison,” he said.
‘The other difference is the standard of proof…rather than beyond a reasonable doubt, it is the balance of probabilities, making it more likely that the rape occurred.
“So it’s a lower standard and it’s important to remember that, but still ultimately (the judge) determined that Bruce Lehrmann raped Brittany Higgins.”
The Channel 10 attorney also spoke about the case Monday immediately after Judge Lee’s ruling, saying it was an “absolute disaster” for Lehrmann.
Quill said the result was a warning to other potential plaintiffs looking to “make a quick buck.”
“You can come up with a scam that could help you get through a TV interview, an interview with your bosses or going to the pub with your friends,” he said.
“But when you get to court and they interrogate you and examine you forensically, you can’t get away with it.”
When it was pointed out that Lehrmann is currently studying law, Quill suggested that he should switch to “another career.”
In his ruling, Judge Lee said: “It is most likely that Mr Lehrmann’s state of mind was such that he was so focused on gratification that he was indifferent to Ms Higgins’ consent.”
‘And that’s why (he) went ahead with sexual relations without caring. Mr. Lehrmann raped Ms. Higgins.
By requiring a lower threshold of proof than a criminal trial, the civil ruling does not mean that Lehrmann was convicted of any crime.
Lehrmann did not comment to the media as he left court.
Channel 10 attorney Justin Quill (pictured right) spoke with Sunrise host Matt ‘Shirvo’ Shirvington (left) on Tuesday morning and said the costs Bruce Lehrmann faces “will be significant.”
Premier Anthony Albanese was asked about the case on ABC Radio Melbourne on Tuesday morning and said he had “every sympathy for the experience that Brittany Higgins has gone through”.
‘It has been extraordinarily difficult for her. Of course, the Federal Court reached these conclusions yesterday. What is clear is that everyone has the right to be safe at work.’
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