Former Liberal staffer Bruce Lehrmann will soon learn whether his defamation case over an interview with Brittany Higgins on 10’s The Project has been successful.
Almost exactly five years after being accused of allegedly raping Brittany Higgins in a Parliament office, Bruce Lehrmann will learn if he has been vindicated in a high-cost, high-stakes legal fight to clear his name.
In one of the most high-profile defamation cases in Australia, the 28-year-old battled Network Ten and journalist Lisa Wilkinson over on-air reports of an alleged rape and the parliamentary cover-up that allegedly followed.
He is asking for large damages and claims that these reports have destroyed his reputation.
The sentence will be handed down on Thursday, when the Federal Court will pronounce its verdict after weighing the evidence of the alleged rapist and victim and dozens of other witnesses.
Bruce Lehrmann (pictured) is suing TV personality Lisa Wilkinson and Network 10
The trial took place in Sydney in December and February, when Judge Michael Lee heard evidence from Higgins and Lehrmann about what they claimed occurred in Senator Linda Reynolds’ office in Canberra in March 2019.
Higgins said he went drinking with Lehrmann and some colleagues and returned to Parliament in the early hours of Saturday morning.
She alleged that she woke up on Senator Reynolds’ couch to find Lehrmann on top of her and that, despite her protests, he continued the assault.
A security guard told the court he found Higgins naked and asleep in the office hours after he left.
Lehrmann has consistently claimed that nothing sexual occurred between him and his then-liberal staffer, and has consistently denied raping her.
He claims that a segment aired on 10’s The Project in February 2021 identified him, despite not specifically naming him, and that he destroyed his reputation by falsely reporting that he raped Ms. Higgins.
Ten and Wilkinson defended the interview, saying it was true and in the public interest because it involved an alleged sexual assault in Parliament.
During the trial, Judge Lee watched Ms Higgins and Lehrmann undergo aggressive questioning.
The credibility of both was successfully attacked.
Lehrmann was caught citing different reasons why he had to return to Parliament after hours, including that he was dropping off documents and had returned to drink whisky.
He told the Federal Court he had added notes back to Question Time folders after receiving information from his co-workers earlier that night over a drink.
It was the first time he was forced to testify under oath in court, as he exercised his right to remain silent during a previous criminal trial, which was aborted due to jury misconduct.
Ten’s lawyers told the court that Lehrmann was a “fundamentally dishonest man” who was willing to tell bizarre and absurd lies to further his cause.
Higgins also admitted that his versions of events had changed over time, including admitting that a bruise in a photograph sent to Ten may not have been caused during the alleged assault.
Brittany Higgins accused Lehrmann of allegedly raping her in a Parliament office. Lehrmann claims that an interview on The Project 10 in February 2021 destroyed her reputation by falsely reporting that she raped Ms Higgins (pictured).
Most of Lehrmann’s legal team’s arguments focused on Ms. Higgins’ claims of a government cover-up to prevent the rape from being reported.
Numerous documents and other evidence were used to show that Ms Higgins did not experience pressure from her bosses to remain silent about what she claimed occurred.
Lehrmann’s lawyers accused her of lying to keep her job after being found naked at her workplace.
Other witnesses in the libel trial included a colleague who said she saw the couple kissing and touching before leaving for Parliament that night.
An English lip reader, after watching CCTV footage, told the court that Lehrmann had been “forcing” Higgins with alcohol in a bar.
While the main defamation claim turns on whether the rape took place, Judge Lee must also consider another option: that Lehrmann and Higgins had consensual sex that night, contrary to their testimonies.
In that case, Ten’s lawyers have argued that the former Liberal staffer should not even receive nominal damages as he would have lied in the Federal Court and during the criminal proceedings against him.
Prosecutors did not request a new trial due to concerns for Ms. Higgins’ mental health after the initial procedure was aborted in late 2022.
Lisa Wilkinson is pictured outside the Federal Court in November.
In ordering damages, Judge Lee will also consider the conduct of Ten and Wilkinson, including the decision to greenlight a speech given by the journalist when accepting a Silver Logie for The Project segment.
That speech was given days before a criminal trial was to begin and resulted in the case being postponed.
Lehrmann settled two further defamation proceedings with news.com.au and the ABC, receiving $445,000 in legal costs.
But their legal bill, if they lose against Ten, will be much higher after a long and highly contested hearing.
Whoever wins the case on Thursday, the losing party is expected to file an appeal.
1800 RESPECT (1800 737 732).
National Support Service for Reparation and Sexual Abuse 1800 211 028