The Higgins-Lehrmann legal circus is far from done. While former Defence Minister Linda Reynolds’ defamation action is awaiting a verdict, Brittany Higgins’ accused rapist has had a major win in appeal against his damaging defamation suit loss to Network 10.
Not surprisingly, Lehrmann is appealing Justice Michael Lee’s finding that ‘on the balance of probabilities’ Lehrmann raped Higgins inside Parliament House in March 2019, after both had a night out on the piss. As I noted at the time, Lee’s ‘balance of probabilities’ amounted to little more than ‘I just reckon’. There was absolutely no evidence to support the accusation, or the denial, other than the word of both parties. Both of whom, Lee had already conceded, were liars.
Whichever way you cut it, it was a very weird decision and one compounded by the punishment Lee meted out to Lehrmann.
He was subsequently ordered to pay $2m for Ten and [Lisa Wilkinson’s] legal costs for the high-profile trial […]
Lehrmann has consistently denied the allegations and is seeking to have Justice Lee’s findings overturned on appeal.
When Lehrmann filed a notice of appeal, Network 10 tried to forestall him by demanding that the court order that the now-unemployed law student pay a $200,000 surety. They’ve just lost bigly on that one.
Ten has been dealt a massive blow in Bruce Lehrmann’s appeal of the defamation judgment that found he raped Brittany Higgins, after a Federal Court judge dismissed the network’s application to force the former Liberal staffer to put up $200,000 ahead of the matter being heard.
Judge Wendy Abraham on Wednesday also said she would set aside the $2 million legal bill Mr Lehrmann was ordered to pay Ten and presenter Lisa Wilkinson until after the appeal concludes.
After all, while Lee sneered at Lehrmann’s defamation as for ‘coming back for his hat’, if you felt you had been wrongly branded a rapist, would you sit back and wear it? Network 10 and Wilkinson, as the new judge has noted, ruthlessly damned Lehrmann.
“As the appellant essentially submitted, the finding against him is extremely serious. Ms Wilkinson described it as a finding of criminal conduct,” she wrote in her judgment.
“The impact on him if he is denied that right is self-evident. That is the likely consequence of making the order the respondents seek. This is in a context of it being accepted there are arguable grounds of appeal” […]
Mr Lehrmann’s solicitor Ms Burrows told the court Ten and Ms Wilkinson had engaged in “bullying tactics” by requesting the $200,000 security, because they knew it will put an end to the proceedings when Mr Lehrmann is unable to honour it.
Network 10’s demand also smacks of hypocrisy, given that the continued case will be a massive money-spinner for them.
In her submissions to the court, Ms Burrows […] also argued that Ten would earn more than $200,000 in advertising revenue by reporting on any appeal.
It seems that your humble scribe is not the only person to find aspects of Lee’s original judgement to be a bit weird.
In considering the arguments, Justice Abraham noted that when judge Michael Lee handed down his judgment in the matter in April, aspects of Ten’s case failed.
“The primary judge made findings against all parties,” she wrote in her judgment. “Notwithstanding judgment in the respondents’ favour, aspects of their case failed, including in relation to his Honour’s consideration of the justification defence.”
In his judgment, Justice Lee said that in the event Lehrmann had been successful in the high-stakes lawsuit, he would have only been awarded a nominal sum of $20,000.
Lehrmann’s solicitor Zali Burrows, in documents released by the court on Thursday as part of a proposed appeal, described that estimation as inadequate and said he should be awarded a six to seven figure sum.
“$20,000 for a false charge of rape is manifestly inadequate and (Lehrmann) should be awarded either a seven-figure sum or at least hundreds of thousands of dollars,” Burrows said.
After all, his accuser, who has never proved her case in a criminal court, trousered millions of taxpayer dollars, thanks to a dodgy compo claim handed out by a star chamber in less than a day.
