Bruce Lehrmann is no longer representing himself in his high-stakes appeal against Network Ten and Lisa Wilkinson, and a high-profile criminal lawyer will now appear to represent him in court.
Lehrmann filed the appeal in the Federal Court in May, a month after losing his defamation case when Judge Michael Lee found, on a preponderance of probabilities, that he had raped his former colleague 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 with that of another person.
Referring to the former Liberal Party member’s failed rape trial in 2022, the judge joked: “After escaping from the lion’s den, Mr Lehrmann made the mistake of going back for his hat.”
In addition to a shattered reputation, Lehrmann faced bankruptcy after the judge ordered him to cover his opponent’s legal fees, which exceeded $2 million.
Lehrmann had filed and served the appeal himself before the May 31 deadline, rather than having lawyers do it on his behalf, because he was representing himself.
However, lawyers acting on behalf of the broadcaster and Wilkinson were told on Thursday that Zali Burrows, who was the criminal lawyer for disgraced former Sydney businessman Salim Mehajer, will represent the former staffer in his civil appeal.
The first hearing on the case is scheduled for 9:30 a.m. before Judge Wendy Abraham.
Bruce Lehrmann is pictured, right, with Margaret Cunneen SC and his former criminal lawyer, Steven Whybrow SC
Lehrmann is now represented by Zali Burrows (pictured), a criminal lawyer who represented Salim Mehajer.
Daily Mail Australia understands Lehrmann and Ms Burrows met through a mutual friend, barrister Margaret Cunneen SC, who successfully represented former Wallaby Kurtley Beale in his rape case last year.
Ms Burrows has been working with barrister Guy Reynolds SC, who helped Lehrmann prepare his appeal.
In his notice of appeal, Lehrmann – a second-year law student – had requested that a new judge set aside Judge Lee’s decision and rule in his favour, and that Ten and Wilkinson pay for the primary proceedings and the appeal.
Four grounds for appeal were identified, including that Judge Lee denied Lehrmann procedural fairness and that the findings regarding the defence of truth were contrary to the evidence.
He said there were credibility issues with Ms Higgins’ evidence, specifically in relation to a picture of a bruise she initially claimed was caused during the rape, before saying it could have happened earlier in the evening when she fell.
During Mr. Lehrmann’s criminal trial, she claimed the bruise occurred during the alleged rape, a claim she also made to The Project during her one-on-one interview with Ms. Wilkinson.
Other arguments included that Judge Lee constructed and misinterpreted the rape allegations and that Lehrmann should have been awarded damages.
Brittany Higgins accused Bruce Lehrmann of raping her in Parliament in 2019
Lehrmann may have to pay security costs before filing an appeal. If he does not pay, the appeal may fail.
The former Liberal staffer is suing Network 10 and Ms Lisa Wilkinson over their interview with Ms Higgins on The Project in which the former political staffer said she was raped by a former colleague.
In his ruling, Judge Lee said it was “more likely than not” that Lehrmann “was so focused on gratification that he was indifferent to Ms Higgins’ consent and therefore went ahead with the sexual intercourse without caring whether she consented”.
Lehrmann has consistently denied sexually assaulting Ms Higgins.
He faced trial in the ACT Supreme Court in 2022 after pleading not guilty to one count of sexual intercourse without consent.
The trial was abandoned due to jury misconduct and the Director of Public Prosecutions has dropped the charges and is planning a retrial due to concerns about Ms Higgins’ welfare.
