'Mr. Lehrmann raped Ms Higgins': judge hands down trial verdict

Australian Community Media

Bruce Lehrmann has lost his defamation case against Network Ten and Lisa Wilkinson, after Justice Michael Lee delivered his verdict in the civil trial at Federal Court.

Transcript

00:00 I'm comfortably satisfied that Ms Higgins was a very drunk 24 year old woman and her cognitive abilities were significantly impacted.

00:07 Given this state in the late hour it is highly likely she was prone to drowsiness.

00:11 This is strongly supported by the fact, as Ms Higgins put it in his final submissions, that she "passed out naked in the minister's suite"

00:19 and my findings she was still very significantly affected two hours after she was left alone.

00:25 Further, in the light of my findings as to Mr Lerman's conduct I am also satisfied he was aware of her condition.

00:32 Given the evidence I have already discussed and the weight I place on contemporaneous representations

00:38 I have not reached the level of satisfaction that during the sexual act Ms Higgins said "no" in a loop

00:43 and I think it's more likely than not that she did not or was not able to articulate anything.

00:48 On balance I think it's more likely than not that she was passive, as she later said, like a log during the entirety of the sexual act.

00:55 I am further satisfied that she felt unable to get out from the couch immediately following Mr Lerman leaving

01:01 and she then passed into a deep sleep.

01:03 The fact she "passed out" at some time is common ground in final submissions.

01:09 The approach taken by Network 10 was then carefully considered and resulted in a letter being sent to her Honours Associate

01:15 which although using words such as "profound regret" and "apology"

01:21 when closely parsed is directed to "at regret" for the consequences that ensued and not the fact the speech was given.

01:29 According to Ms Smithies it amounted to an apology for things for which Network 10 bore no responsibility.

01:35 It was not disclosed to the Chief Justice that Ms Wilkinson gave the speech based on considered advice

01:40 nor was it given for the specific purpose now explained by Ms Smithies

01:45 and that Network 10's Chief Litigation Counsel continued to stand by the appropriateness of the giving and content of the speech.

01:51 The conduct of Network 10 through its employees in procuring Ms Wilkinson to give the speech in the form it was given

01:57 for the reasons it was given was grossly improper and unjustifiable.

02:01 It was conduct apt to cause disruption of the criminal justice system

02:05 and without the Chief Justice making the orders she did could have imperiled Mr Lerman's right to a fair trial.

02:11 Mr Lerman is not entitled to the vindication of his reputation.

02:15 The respondents however are entitled to vindication by the entry of judgment on the statement of the moment.

02:21 But even though the respondents have legally justified their imputation of rape

02:26 this does not mean that their conduct was justified in any broader or colloquial sense.

02:30 The contemporaneous documents in the broadcast itself demonstrate the allegation of rape was a minor theme

02:36 and the allegation of cover-up was the major motif.

02:39 The publication of accusations of corrupt conduct in putting up roadblocks

02:43 and forcing a rape victim to choose between her career and justice may have won the project team like Ms Maynard a glittering prize.

02:50 But when the accusation is examined properly it was supposition without reasonable foundation and verifiable fact.

02:56 Its dissemination caused a broom of confusion and it did much collateral damage

03:01 including to the fair and orderly progress of the underlying allegation of sexual assault through the criminal justice system.

03:07 I will direct an outline of submissions on costs to be filed

03:10 and then we'll list the matter to hear and determine all outstanding issues

03:13 including the residual issues arising on the cost claim.

03:17 And I make the following orders.

03:22 One, judgement for the respondents on the statement of claim.

03:27 Two, the parties file submissions as to the cost order for which they contend

03:32 and any evidence they rely upon in relation to costs on or by 22 April 2024.

03:39 I publish my reasons. Adjourn the court.

03:42 [End of Audio]

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