Bruce Lehrmann’s legal team accepts that a judge could make adverse findings about their client’s honesty, which could be “relevant” to the outcome of his long-running defamation action.
But, they argue, this wouldn’t mean the former federal Liberal staffer didn’t suffer damage to his reputation when Network Ten aired allegations by Brittany Higgins that she was raped in Parliament House in Canberra.
He has always denied any sexual contact occurred.
His lawyers filed a 136-page written submission – made public on Friday – with the Federal Court of Australia, which has been hearing the defamation action under Justice Michael Lee.
“Findings that Mr Lehrmann was on occasions dishonest, whether to his employer, the police or this court, are a serious matter which reflect poorly on him,” the submission said.
“But they are a very different thing from the allegation that he raped a young woman, and it cannot seriously be suggested that such findings would mean that the publication of the rape allegation, on national television, caused no or little real damage to his true reputation.”
Bruce Lehrmann’s lawyers have lodged their final arguments in court for his defamation claim. Picture by Karleen Minney
Lehrmann’s team noted the court was assessing damages in the context that Ten and Wilkinson published imputations to the effect that he raped Ms Higgins in the office of then-Liberal minister Linda Reynolds.
” … and they have failed to prove that those imputations are substantially true,” the submission added.
His team said even if the court made a finding, “in theory”, that intercourse took place but Ms Higgins was incapable of consenting “because of her state of intoxication” and Lehrmann did not know she could not consent, that should “not lead to an award of damages that is less than substantial”.
“The distinction between findings of that kind and a finding that rape occurred … is real and significant,” their submission said.
“Where the allegation is so serious, the distinction should not be elided by a low award of damages which signals that what was published was ‘close enough’.”
The hearings took 22 days with Lehrmann and Wilkinson appearing in court daily.
Lehrmann and Ms Higgins each gave testimony over several days.
Both suffered significant attacks on their credibility over their differing versions of what occurred.
The defamation trial was the first time Lehrmann had given evidence under oath about what he claimed happened or did not happen, as he had the right to remain silent during a prior criminal trial.
Lehrmann’s legal team argued Ms Higgins made up the rape allegation to save her job after she was found naked, alone and passed out in the office.
Ten and Wilkinson have run three defences, saying Lehrmann was not identifiable in the report, that it was true the alleged rape occurred, and that they acted reasonably in publishing a news report of public interest.
Lehrmann’s criminal trial in the ACT Supreme Court on a charge of raping Ms Higgins was derailed by juror misconduct in October 2022.
Lehrmann has been charged with allegedly raping another woman twice in Toowoomba in October 2021 and remains before Queensland courts.
He has not entered a plea but lawyers have indicated he denies that allegation.
Australian Associated Press
Support is available for those who may be distressed. Phone Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525.
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