Bruce Lehrmann has filed an appeal to overturn a defamation conviction that branded him a rapist, and is representing himself.
Lehrmann lost his defamation case against Network Ten and Lisa Wilkinson on April 15 when Federal Court Judge Michael Lee found, on a balance of probabilities, that he had raped Brittany Higgins in Parliament in 2019.
In his findings, Judge Lee called the former Liberal staffer a liar with a “tenuous” attachment to the truth, whose testimony could only be believed if it could be corroborated by another person.
Referencing the former Liberal staffer’s failed 2022 rape trial, the judge joked: “Having escaped the lion’s den, Mr. Lehrmann made the mistake of going back for his hat.”
In addition to a shattered reputation, Lehrmann was facing bankruptcy after the judge ordered him to cover his opponent’s legal fees, which have exceeded $2.5 million.
Daily Mail Australia can now reveal that Lehrmann drafted, filed and served the notice of appeal himself before the Friday afternoon deadline, rather than instructing lawyers to do so on his behalf, because he represents himself in addition.
Lehrmann, a second-year law student, has asked that a new judge overturn Judge Lee’s decision and rule in his favor, and that Ten and Wilkinson pay for the primary proceeding and the appeal.
It comes just a day before Higgins is set to marry her long-term boyfriend David Sharaz at a $20 million property on the Gold Coast.
Bruce Lehrmann appears in front of the Federal Court on April 15, after his defamation defeat.
The appeal comes one day before Brittany Higgins and her fiancé David Sharaz (pictured together) are set to tie the knot.
Lehrmann was represented by defamation firm Mark O’Brien Legal during the initial proceedings, which filed the original claim on his behalf last February and worked for him without any profit or fees.
The former Liberal staffer declined to comment when contacted on Friday, however it is understood financial pressures played a key role in his decision to press ahead with the appeal without an instructing signature.
Prominent Sydney lawyer Guy Reynolds SC provided him with a 20-page memorandum of advice for the appeal free of charge.
Lehrmann may have to cover security costs before any appeal. Failure to pay may result in the appeal not proceeding.
Daily Mail Australia understands that four grounds of appeal have been identified in the notice, including that Judge Lee denied Lehrmann’s procedural fairness and that the findings in relation to the truth defense were contrary to the evidence.
Other arguments are also understood to be that Judge Lee constructed and misconstrued the rape allegations, and that Lehrmann should have been awarded damages.
During the initial proceedings, Lehrmann had made an application for damages aggravated by Wilkinson’s speech at Logies in 2022.
Lisa Wilkinson and her lawyer Sue Chrysanthou SC are pictured outside the Federal Court in April, after winning their defamation case.
Lisa Wilkinson is pictured giving her Logies speech, which caused Lehrmann’s criminal trial to be delayed.
In the speech, which was broadcast nationally eight days before Lehrmann’s criminal trial, Wilkinson referred to Ms. Higgins as a proven rape victim rather than an alleged victim.
The speech led to the rape trial being rescheduled due to concerns that jurors may have watched the broadcast or read media comments and formed an opinion about Lehrmann.
Judge Lee found that Wilkinson’s conduct in delivering his speech at the Logies was “inappropriate and unjustifiable”, and he agreed with Lehrmann’s claim that the speech undermined his right to a fair trial.
However, it did not award any compensation to the former employee.
After the sentencing in April, Higgins posted a statement on Instagram saying she felt vindicated: “I was raped.” No trial would ever change this truth.’
“I lived with the shame, humiliation and fear of what telling my story would mean for my life and career, like so many other victim-survivors.”
If Lehrmann’s appeal is successful, Ms Higgins may not be able to refer to him as her “rapist”.
Lehrmann launched defamation action last year during a February 2021 episode of The Project, during which Higgins aired her rape allegations for the first time in an interview with Wilkinson.
He was then tried at a month-long hearing in the ACT Supreme Court in October 2022, but the matter was adjourned after the trial ended due to jury misconduct.
Two months later, the ACT Director of Public Prosecutions dropped the matter entirely citing concerns for Ms Higgins’ mental health.
Lehrmann was not named in The Project broadcast, but claimed friends and colleagues were able to identify him as Ms Higgins’ rapist.
He has consistently denied raping Ms Higgins.
