Bruce Lehrmann defamation trial: Lisa Wilkinson’s lawyer questions in courtroom why Brittany Higgins was discovered bare if no intercourse occurred | Defamation legislation

By Staff Reporter Last updated Dec 21, 2023

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Wilkinson’s lawyer questions why Higgins was discovered bare if no intercourse had occurred

Chrysanthou has questioned – given the proof that Higgins was discovered bare in Parliament Home – if Higgins and Lehrmann didn’t have intercourse, “why was she bare?”

“I haven’t checked the climate for that day, however except there was some type of freak heatwave in Canberra on the finish of March and the air con wasn’t working nicely in Parliament Home, it simply appears uncommon that she had had no garments on, and on stability, your honour could be glad that there was intercourse that occurred,” Chrysanthou.

Chrysanthou has additionally identified that, opposite to what Lehrmann instructed the police, Fiona Brown’s affidavit reveals that Lehrmann instructed Brown he had “chatted” to Higgins earlier than he left.

“Opposite to the proof he’s given to your honour and opposite to what he instructed the police, he did interact with Ms Higgins in keeping with these admissions and did see her earlier than he left. Whereas his proof is he went left, she went proper. He by no means noticed her once more. So on his personal proof that’s used on his behalf within the trial, that’s not true,” Chrysanthou mentioned.

Key occasions

What we heard right now

At the moment we heard closing arguments from Community Ten’s barrister, Matt Collins SC, and Wilkinson’s barrister, Sue Chrysanthou SC.

A recap: Bruce Lehrmann is suing Community Ten and Lisa Wilkinson for defamation over an interview with Higgins broadcast on The Mission and on-line which didn’t title him however alleged she had been raped by a Liberal staffer in March 2019.

Lehrmann has denied raping Brittany Higgins and pleaded not responsible to a cost of sexual activity with out consent. His felony trial was deserted as a result of juror misconduct and the second didn’t proceed as a result of prosecutors’ fears for Higgins’ psychological well being.

Right here’s what we heard:

Collins instructed the courtroom he would present Lehrmann was “revealed to be a basically dishonest man who was ready to say or do something he perceived to advance his pursuits”. He mentioned if Justice Lee was persuaded there was sexual activity in Parliament Home that evening “then what has occurred on this trial is monstrous – completely monstrous” as Lehrmann introduced a defamation case on a “basically false premise”.
Collins mentioned Lehmann’s manner within the witness field was “combative and defensive” and Justice Lee ought to “strategy the whole lot of his proof with excessive suspicion”.
Collins mentioned one principle of the applicant that Higgins “monstrously fabricated a rape allegation with a purpose to save her job” was “completely incoherent for quite a few causes”.
Collins mentioned that tv is “transient” and the phrases mentioned in the beginning of The Mission story about there being a “roadblock” to reporting a rape shouldn’t be taken too actually.
Justice Lee has expressed his opinion on Lisa Wilkinson’s Logies speech, saying it “ought to have been apparent to anybody that that’s the type of factor that shouldn’t be mentioned eight days earlier than a felony trial begins”.
Chrysanthou mentioned Wilkinson “had no decision-making energy as to the ultimate content material of the printed”.
Chrysanthou has mentioned the way in which Lehrmann selected to strategy Brittany Higgins’ allegations by “denying intercourse” occurred made the case “a lot extra antagonistic”.
Chrysanthou has mentioned there “can’t be any doubt in anybody’s thoughts that there was intercourse”, including: “the one situation that will hassle your honour, having regard to the unsatisfactory state of the proof by each individuals, is the consent situation”.
Chrysanthou questioned why Lehrmann took 40 minutes to jot down briefing notes whereas in parliament on the evening of the alleged rape, and mentioned he was “ignoring the telephone calls from his girlfriend as a result of he was having intercourse with Ms Higgins”.

The trial will resume tomorrow when Lehrmann’s lawyer is anticipated to offer closing arguments.

Wilkinson’s lawyer questions why Higgins was discovered bare if no intercourse had occurred

Chrysanthou has questioned – given the proof that Higgins was discovered bare in Parliament Home – if Higgins and Lehrmann didn’t have intercourse, “why was she bare?”

Lehrmann ‘ignoring the telephone calls from his girlfriend as a result of he was having intercourse with Ms Higgins’, Wilkinson’s lawyer claims

Chrysanthou has questioned why it took Lehrmann 40-minutes to jot down the briefing notes whereas in parliament on the evening of the alleged rape.

“Why did it take him 40 minutes to jot down the submarine notes? I imply, he couldn’t bear in mind what it was that was so vital. What was it? That took 40 minutes to jot down down?” Chrysanthou mentioned.

Chrysanthou alleges Lehrmann lied about lacking “5 – 6” telephone calls from his girlfriend throughout these 40 minutes as a result of his telephone was “on silent”.

“[That] is difficult to simply accept having regard to the attachment he clearly needed to his telephone as seen from all of the footage, so we are saying that’s one other lie, that he was ignoring the telephone calls from his girlfriend as a result of he was having intercourse with Ms Higgins,” Chrysanthou mentioned.

Chrysanthou additionally raises Lehrmann’s admission in courtroom that he instructed safety his causes for getting into parliament home on the evening of the alleged rape, however the true cause he wanted to get in was to gather his home keys.

“The notion that it was extra difficult to get into his condominium advanced than it was to get by safety of Parliament Home, having to lie and undergo all of the processes with a drunk Ms Higgins tagging alongside simply appears unbelievable,” she mentioned.

‘No different rational cause’ for Lehrmann to go to Parliament Home apart from to have intercourse with Higgins, Wilkinson’s lawyer says

Chrysanthou has instructed the courtroom it ought to discover that “the applicant’s intention in travelling to Parliament Home was to have intercourse with Ms Higgins”.

“There’s no different rational cause for them to go there. On stability, and your honour could be glad, that was his goal,” she mentioned.

“It’s additionally potential, given the proof one has heard from an goal perspective as to Ms Higgins’ conduct and the truth that she clearly was very intoxicated, that would have been her intent as nicely at that time.

“She doesn’t bear in mind and arguably is simply too intoxicated to have fashioned a correct or rational … selections, however in her intoxicated state that would have been her intent.”

Wilkinson’s lawyer: ‘can’t be any doubt in anybody’s thoughts that there was intercourse’

Chrysanthou has mentioned “one has to marvel if this Mr Lehrmann is only a compulsive liar” after pointing to cases the place Lehrmann allegedly “lied”, together with in regards to the cause that he had entered Parliament Home on the evening of the alleged rape.

“One has to marvel if this Mr Lehrmann is only a compulsive liar, which doesn’t assist us as a result of a compulsive liar doesn’t have consciousness of guilt, they only lie, or whether or not the lies which were instructed have been directed to protecting up the truth that he had intercourse with Ms Higgins,” Chrysanthou mentioned.

Chrysanthou has mentioned there “can’t be any doubt in anybody’s thoughts that there was intercourse”.

“The one situation that will hassle your honour, having regard to the unsatisfactory state of the proof by each individuals, is the consent situation.”

Lehrmann’s denial any intercourse happened made case ‘a lot extra antagonistic’, Wilkinson’s lawyer says

Chrysanthou has mentioned the way in which Lehrmann selected to strategy Brittany Higgins’ allegations by “denying intercourse” occurred made the case “a lot extra antagonistic”.

She mentioned disputes about sexual assault “happen rather a lot, significantly amongst younger folks and significantly the place medicine and alcohol are concerned”.

“There’s a sure degree of understanding by some folks, at the very least, that may occur, and there will be two harmless events in that circumstance, relying on one another’s way of thinking,” Chrysanthou has instructed the courtroom. “However the way in which that Mr Lehrmann selected to strategy it, by denying intercourse, made it a lot extra antagonistic.

“But in addition from the attitude of the assaults which were made on Ms Higgins, that actually, she’s being accused of simply plainly making up the entire thing.”

Chrysanthou mentioned there was by no means any hesitation from Higgins {that a} sexual act had occurred as proven in early textual content messages. “The one hesitation she has is … what occurred? Did he misunderstand?”

Wilkinson’s lawyer requested to justify claims in Mission broadcast about political cover-up of alleged rape

Justice Lee is asking Chrysanthou to justify the claims within the Mission broadcast a couple of so-called political cover-up of the alleged rape and claims that the CCTV tapes from Parliament Home weren’t made available to Higgins.

Lee mentioned the entire piece “is pregnant with the notion that there have been folks … who engaged in a course of conduct to forestall her from reporting this allegation to police”.

Chrysanthou, who’s making an argument for a professional privilege defence, is referring to the introduction of the Mission which started with the road about “roadblocks to the police investigation”.

Justice Lee: “The query is what truly was conveyed [by the Project] and what insinuations have been conveyed? Having regard to taking the piece as an entire, and what the abnormal common reader would have drawn from it.”

Chrysanthou mentioned the 2 journalists believed Higgins’ allegations and it was affordable to take action.

Wilkinson had ‘no decision-making energy as to ultimate content material of the printed’, lawyer claims

Chrysanthou is now presenting her submissions on Wilkinson’s legal responsibility, which she says is totally different to Ten’s.

The barrister was employed by Wilkinson to symbolize her pursuits individually. She mentioned Wilkinson was the primary individual Higgins and her fiance, David Sharaz, contacted at Ten however after that she had little information of the communications about this system.

“I take into consideration 80 to 90% of the fabric she’s not copied into,” Chrysanthou mentioned.

“… on essentially the most half, her options weren’t taken up by the producers. So she had no decision-making energy as to the ultimate content material of the printed. And actually, the paperwork present that the script was being amended previous 5 or 6pm.

“And he or she had nothing to do with that, not copied into these emails.”

Lisa Wilkinson and Sue Chrysanthou SC. {Photograph}: Mick Tsikas/AAP

Higgins made no allegation of sexual assault, Brown claims in affidavit

Fiona Brown’s redacted affidavit has been printed on the federal courtroom’s web site.

Brown repeats the proof she gave within the witness field that Higgins made no allegation of sexual assault in conferences together with her.

“There was no reference in both assembly to an alleged sexual assault (or rape or another consensual or non-consensual sexual conduct),” Brown mentioned within the affidavit.

“… At no level throughout this assembly did Ms Higgins inform me or disclose or point out in any manner that she had been raped, sexually assaulted, or suffered another sort of assault or inappropriate conduct.”

Justice Lee says it ‘ought to have been apparent to anybody’ that Wilkinson’s Logies speech shouldn’t be mentioned simply earlier than felony trial

Justice Lee has expressed his opinion on Lisa Wilkinson’s Logies speech wherein she referenced Higgins as a 26-year-old girl of “unwavering braveness” earlier than Lehrmann’s ACT felony trial.

Lee mentioned it “ought to have been apparent to anybody that that’s the type of factor that shouldn’t be mentioned eight days earlier than a felony trial begins”.

Wilkinson’s barrister, Sue Chrysanthou SC, is now presenting her closing submissions.

She says her “fallback place” is that Justice Lee finds that sexual activity happened at a time when Lehrmann was in a relationship along with his girlfriend, that he left Higgins there on her personal and intoxicated, that he ignored the a number of phone calls from his girlfriend after which finally that he lied about it.

Chrysanthou mentioned a possibility introduced itself to him and he took it and he went to Parliament Home as a result of he couldn’t go residence for that goal.

Lehrmann gave ‘knowingly false proof’ to courtroom, Ten’s barrister says

The courtroom is again from lunch and Collins is ending up his submission.

He’s now arguing that Justice Lee ought to award no damages to Lehrmann as a result of he introduced a defamation case that was an abuse of course of based mostly on a “monstrous” lie.

“In our submission Mr Lehrmann gave false proof, knowingly false proof, to the courtroom about nearly each vital integer of the occasion in respect of which he has sued,” Collins mentioned.

“First [reason] is he allowed a false account of his conduct to go uncorrected by his counsel or the chief justice on the time of this felony trial.”

Collins mentioned Lehrmann additionally made baseless allegations in opposition to one of many witnesses, Lauren Acquire, who was current on the evening Higgins alleges she was raped.

Christopher Knaus

Fiona Brown thought-about Lehrmann ‘too immature’ to carry extremely categorized materials

The affidavit of Fiona Brown, the previous chief of workers to Linda Reynolds, has additionally been tendered and launched publicly this afternoon.

In her affidavit, she says that Lehrmann was not a “favorite” of Reynolds and had irritated different workers once they had moved into the brand new workplace after the minister was given the portfolio of defence trade.

She mentioned she additionally had issues about Lehrmann having “an ‘uncommon’ curiosity and ‘fascination’ in ASIO and Residence Affairs and would recurrently be “name-dropping the primary names of the ASIO Director-Basic and his Chief of Employees”. She mentioned she thought-about that to be inappropriate and later, after an incident wherein extremely categorized materials was mishandled, she fashioned the opinion that “Mr Lehrmann was too immature to carry such extremely categorized materials”.

Former political staffer Fiona Brown. {Photograph}: Mick Tsikas/AAP

Brown used her affidavit to additionally define the in depth makes an attempt she made to assist Higgins, together with providing to stroll together with her to and from police stationed at Parliament Home.

She mentioned she had felt unable to talk out to defend herself till the deliberate retrial in opposition to Lehrmann was aborted.

After the felony trial had been delayed, then subsequently aborted, and there was to be no retrial, I felt free to lastly begin to speak publicly about what had occurred to me alongside the way in which, together with my psychological well being struggles within the aftermath of The Mission broadcast. I had maintained my independence and silence for nearly two years, within the pursuits of due course of for each the complainant and defendant and the rule of legislation.

Christopher Knaus

Launched paperwork present police ‘upset’ at DPS’s failure to reply to requests for data

Paperwork tendered within the Bruce Lehrmann defamation trial present the early frustrations of police as they tried to safe key paperwork from the Division of Parliamentary Providers.

The paperwork present that within the weeks after the alleged rape, police based mostly at parliament needed to make “a number of verbal conversations and requests” to obtain a replica of parliamentary safety providers’ incident report.

One officer mentioned he was “upset” at DPS’s failure to reply.

He wrote:

Additional to my a number of verbal conversations and requests pertaining to receiving a replica of the OPS/PSS Incident Report for the incident that occurred on 22/23 March in Minister Reynolds suite.

If I don’t obtain a replica of this at your earliest comfort, noting it’s two weeks because it occurred, the AFP could have no selection however to start out interviewing these concerned within the incident, together with these in senior OPS positions.

I’m upset that I’ve needed to write now as one other observe as much as my requests of final week.

The paperwork additionally present that DPS had refused at hand police CCTV imaginative and prescient of the incident initially due to the shortage of an lively investigation.

The courtroom has adjourned for lunch and is because of return at 2pm.

AFP commissioner criticised DPS response to alleged incident, launched paperwork present

Christopher Knaus

A major variety of paperwork have been launched to the general public because the Lehrmann defamation trial strikes by its closing phases.

A type of paperwork is a letter from Andrew Colvin, the then Australian federal police commissioner, strongly criticising the Division of Parliamentary Providers (DPS) for its response to the incident.

Former commissioner of the Australian federal police Andrew Colvin. {Photograph}: Lukas Coch/AAP

The letter, tendered in courtroom, slams the late notification of the AFP and criticises the cleansing of the room wherein the alleged rape occurred. The letter acknowledges that DPS had not, on the stage of the cleansing, been notified of any allegation of a felony offence.

Colvin wrote:

It stays unclear why the AFP wasn’t notified on the time of the incident. And I contend that is unacceptable. The AFP safety controller at [parliament house] has been delegated primacy for safety and incident administration and AFP inclusion in an preliminary response to the incident might have resulted in earlier notification of an alleged felony offence, extra applicable dealing with of the alleged victims’ welfare and higher scene administration. One other situation of concern pertains to the size of time it took DPS to share the [parliamentary security services] incident report with the AFP.

The letter was written in September 2019, after Higgins’ preliminary criticism, which she subsequently requested to be paused. The letter has beforehand been reported by Information.com.au however has not been seen extra broadly.

The courtroom has taken a brief adjournment.

Ten’s barrister says ‘roadblock’ feedback on The Mission shouldn’t be taken too actually

Collins mentioned that tv is “transient” and the phrases mentioned in the beginning of The Mission about there being a “roadblock” to reporting a rape shouldn’t be taken too actually.

“Viewers watch it solely as soon as,” Collins mentioned. “They don’t pore over the transcript in the way in which that we do within the synthetic manner we do it on this courtroom.”

Collins is now taking Justice Lee over the proof in regards to the {photograph} of a bruise on Higgins’ leg which the courtroom has heard has no metadata as a result of it was a screenshot.

Higgins offered The Mission with the {photograph} and Lehrmann’s authorized crew has been vital they didn’t ask to see the metadata.

Wilkinson and The Mission producer ‘discerned no inconsistencies’ in Higgins’ account of alleged rape, Ten’s barrister says

Collins is now taking Justice Lee to the matter of whether or not it was affordable within the circumstances for The Mission to publish the allegation of rape, which is Ten’s certified privilege defence.

Wilkinson and Higgins heard the rape allegation from Higgins on two events: the five-hour assembly and the two-hour on-camera recording.

“In our written submissions, we’ve extracted what Ms Higgins mentioned on every of these events. I received’t repeat it now however what each Mr Llewellyn and Ms Wilkinson mentioned as did the opposite witnesses was that they discerned no inconsistencies between the account of the rape on these two events,” Collins mentioned.

Each journalists are extremely skilled and so they believed Higgins’ allegation and so they requested her to signal a statutory declaration testifying to her declare, Collins mentioned.