‘Breasts exposed’: Ex-Seven worker admits to nude photo shock
Former Seven producer Taylor Auerbach made a shocking admission during his cross examination in the reopened Bruce Lehrmann trial.
Bruce Lehrmann’s defamation case against Network 10 and Lisa Wilkinson has officially been reopened, with proceedings underway before Justice Michael Lee in the Federal Court in Sydney.
Former senior producer on Seven’s Spotlight program, Taylor Auerbach, has made explosive claims about the network’s dealings with Mr Lehrmann before he agreed to an exclusive, tell-all interview with the program.
On Thursday he gave evidence after Network Ten won a last-minute bid to reopen the case on Tuesday.
Court has now been adjourned until Friday at 10.15am.
‘State of undress’: Explosive nude photo revelation
During cross examination, Mr Richardson asked Mr Auerbach if he had been involved in the distribution of nude photographs of a woman sitting on a couch with Jackson.
“Is that true?’’ the barrister asked.
“Yes, sir,’’ Mr Auerbach replied.
“At some point during February or March of this year, did you circulate photographs of a woman in a state of undress taken about five years ago?’’ Mr Richardson asked.
“Yes, sir,’’ he replied.
“The woman’s breasts were exposed in these photographs, correct?’’ the barrister asked.
“Yes, sir,’’ he replied.
She was a woman you understood to be vulnerable, correct?” the barrister asked.
“No,’’ Auerbach replied.
“So you sent those photographs to media organisations didn’t you?’’ the barrister said.
“You did not obtain the consent of the woman in question to do this. Did you know you were aware that it was a criminal act to send photographs … to third parties without consent?
“You’re aware it was a criminal act to send photographs of that kind to third parties without consent?”
“No,’’ he replied.
Mr Lehrmann’s barrister then asked if this was the reason why he was sacked from Sky News last year.
“Now, did your employers at Sky become aware that this had happened, that is that you had sent these photographs?’’ the barrister asked.
“No, no, I don’t know,’’ Auerbach replied.
“Isn’t that why you were sacked?’’ the barrister asked.
Auerbach said it was not the reason why he was sacked by Sky News.
Allegations of cocaine and sex workers at the Meriton Hotel
Auerbach outlined what he said happened when he attended the Meriton in January, 2023.
He said Mr Lehrmann purchased a bag of cocaine.
“When we got upstairs to the room, (Lehrmann) pulled it out and started to put it on a plate and then started talking to me about a prospective Spotlight story and his desire to order prostitutes to the Meriton that night and began googling series of websites to try and make that happen,’’ Auerbach said.
“And during that conversation he agreed to be in a Spotlight interview, as long as we didn’t ask him about what happened on the night in Canberra.”
Dr Matt Collins KC, representing Ten, asked, “What did you say?”
“Well I was taken aback,’’ he said.
Auerbach told the court that he told Mr Lehrmann he didn’t have the money to pay for the drugs or sex workers at the night at the Meriton. He told the court Mr Lehrmann said he would pay.
The producer said he contacted his boss Steve Jackson and said he was worried given the previous events with the Thai masseuse.
Mr Auerbach said he recalled texting Jackson that Bruce was “on the warpath again”.
“This is f*cked,’’ he said.
Seven responds to shock claims
Network 7 has responded to the shock allegation in the Federal Court over claims Mr Lehrmann partied with sex workers and cocaine insisting it is “appalled” by the evidence.
In a statement tonight, Seven also rejected outside court Auerbach’s claims he was offered a promotion and a pay rise after the masseuse allegations.
“Seven is appalled by the allegations made in recent days. We do not condone the behaviours described in these allegations,’’ a spokesperson said.
“They do not reflect the culture of Seven.
“Seven did not offer a promotion or pay rise to Mr Auerbach in November 2022, nor did it do so at any time after that.
“Seven did not reimburse Bruce Lehrmann for expenditure that has allegedly been used to pay for illegal drugs or prostitutes, and has never done so. Seven notes the matter remains before the courts.”
Seven also took aim at claims it did not respond fully to legal subpoenas in the case.
“Seven also takes issue with the allegations recently made about its conduct,’’ a spokesman said.
“Contrary to the claims reported in the media, Seven complied with all of its obligations in relation to producing documents in response to subpoenas issued to it.
“Seven has at no point asked anyone to delete or destroy any evidence. As previously stated, Seven did not condone or authorise the alleged payments to Mr Lehrmann referred to in the affidavits recently made public.
“The person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed. Seven has acted appropriately at all times.”
‘Ridiculous’ video played in the court
During today’s hearing, Auerbach was asked if he “hates” former Spotlight colleague Steve Jackson.
Mr Lehrmann’s barrister Matthew Richardson SC then asked to play a video that Auerbach posted on social media where he destroyed Jackson’s golf clubs.
“You were destroying his golf clubs next to a caption saying ‘Merry Christmas, sue me,’’ Mr Richardson SC said.
“And you make those expressions and you tell the court that you aren’t displaying hatred for Mr Jackson.”
“That is my evidence,’’ Auerbach responded.
Mr Richardson said his evidence was “ridiculous”.
Invoice claim questioned
Mr Richardson grilled Auerbach over a claim in his affidavit that Mr Lehrmann put invoices into Seven for per diems, which is a daily allowance to cover costs.
Auerbach claimed in his affidavit that Seven also reimbursed Mr Lehrmann for money for the cost of a visit to a brothel and drugs in January 2023. However he said he no longer had copies of the invoice.
“I recall that monies paid by the applicant for illicit drugs and prostitutes that evening at the Meriton and the following evening at a brothel in Surry Hills were reimbursed to the applicant by Seven through ‘per diems’ via invoice emailed to Ms Louise Aquilina, Spotlight unit manager, in the days after the applicant’s departure from Sydney in early January,” the affidavit reads.
Mr Richardson put it to Auerbach that this did not happen.
“I want to suggest to you that those expenses were not reimbursed, there were no per diems paid. This didn’t happen,’’ he said.
“It did,’’ Mr Auerbach replied.
Justice Lee then asked if his belief per diems to Mr Lehrmann were paid purely on the basis of verbal conversations or whether he ever saw a document.
Mr Auerbach replied he recalled seeing an invoice but did not know if it was paid or not.
Conversation with lawyer Richard Keegan
Auerbach claims in a signed affidavit that he had deleted some material allegedly at the request of his bosses.
In the days after the episode went to air, Auerbach claims he received a phone call from Richard Keegan at law firm Addisons.
“He was our (Seven’s) regular external lawyer. He said to me: ‘I’ve heard that Ten and Lisa are not very happy about the broadcast and might come after us. It might be a good idea to have a look at everything, especially the raw interview tapes’,’’ the affidavit states.
“I understood that this meant that I should delete any materials that could be damaging for Seven. I followed this direction and permanently deleted anything that I could find on my computer and phone at the time.”
Mr Richardson then put it to Auerbach that this was untrue.
“Now I want to suggest to you that Mr Keegan did not speak to you between the Spotlight broadcast on the fourth of June until the 15th of June,’’ Mr Richardson said.
“Do you agree or disagree?.”
Auerbach responded, “I’ll take your word.”
“Mr Keegan never said anything to you suggesting you should destroy or delete anything, did he?” Mr Richardon asked.
Auerbach responded that he used “the words indicated in my affidavit”.
“I want to suggest he never so much as hinted that you should do anything of the kind,’’ Mr Richardson responded.
“That’s completely incorrect,’’ Auerbach said.
Dinner at Cipri
Auerbach claims in the affidavit that shortly after a dinner at Cipri Italian in November, 2022 a group including himself, Mr Lehrmann and his “media minder” John Macgowan and Spotlight executive producer Mark Llewellyn.
Auerbach alleges that Thai masseuses were called on November 25, 2022. Mr Lehrmann had denied getting a massage.
He told the Federal Court that Mr Llewellyn went home but had been drinking and left his laptop behind.
Taylor Auerbach in the witness stand
Ex-Spotlight producer Auerbach appeared in the witness box at 2.56pm and swore an oath to tell the truth, the whole truth and nothing but the truth.
He began by explaining the circumstances of a series of screenshots sent to him by the Spotlight executive producer.
“In the lead up to the broadcast of June for last year of the Spotlight program we were in the scripting stage. Mr Llewellyn asked me to script the section of the program relating to the book deal, And also the Sofronoff inquiry and to assist me in sent me a bundle of photographs,” he said.
Man in the mirror
In the lead-up to securing the exclusive in early 2023, Spotlight arranged accommodation for Mr Lehrmann in an apartment in Randwick.
The Auerbach affidavit claims that during that period of time the accommodation was booked in Auerbach’s name on a Seven credit card.
Lisa Wilkinson’s barrister Sue Chrysanthou told the court on Tuesday that a photograph contained in the affidavit would show Mark Llewellyn, the executive producer of the Spotlight program, in the reflection of a laptop screen.
The claims are included in the affidavit, which states: “Mark Llewellyn took these photos at a meeting he had at a house rented in my name for the applicant in Randwick on 4 March 2023. Mark Llewellyn’s image which is reflected from the laptop screen is visible on the photographs.”
Auerbach was asked about those images in the Federal Court.
“There is a figure in the reflection of the glass that you can see in the number of the photographs, and in some of them, that figure is clearer than others,’’ he said.
“You will see a wristwatch in the bottom left hand corner page, you’ll see some eyeglasses under the words the large and a bald head I recognise to be Mr Llewellyn.”
‘Anti-Semitism’: Auerbach’s bombshell claims against Channel 7
Auerbach’s lawyer Rebekah Giles has told the Federal Court that her client alleges he suffered “sustained bullying and anti-Semitism over a significant period” at Network Seven.
Ms Giles made submissions in the Federal Court on Thursday at a return of the subpoenas hearing as Bruce Lehrmann’s legal team sought documents regarding Auerbach’s departure from Seven in August, 2023.
She said that Auerbach had alleged unlawful conduct by Seven during his employment that was resolved via a confidential deed.
“His claim alleges sustained bullying and anti-Semitism over a significant period. To comply with the subpoena our client would have to pull together, for the first time, all of the documents relating to his claim relating to (Mark) Llewellyn and (Steve) Jackson and others,” she said.
“And as you basically can see, from his affidavits, his claim alleges psychological injury.”
Mr Llewellyn is Spotlight’s executive producer and Jackson was a senior producer on the program.
‘I’m just here to assist the court’
Auerbach arrived at the Federal Court on Thursday afternoon alongside his solicitor Rebekah Giles.
Wearing a dark suit and carrying an umbrella, Auerbach was greeted by a large media scrum as he made his way into the court complex in the Sydney CBD.
“I’m just here to assist the court,” Auerbach said to reporters as he walked in.
Mr Auerbach will be cross examined by Mr Lehrmann’s barrister Matthew Richardson SC.
Wilkinson also walked into the court complex surrounded by her legal team shortly before 2pm.
– with NCA NewsWire
Auerbach’s lawyer asked about previous Higgins retainer
Justice Lee has asked Auerbach’s lawyer Rebekah Giles about her previous retainer with Brittany Higgins in the Federal Court today.
Ms Giles briefly represented Ms Higgins in 2021, in relation to her defamation claim against Linda Reynolds when she called her a “lying cow”
“I just wanted to clarify something with Ms Giles. Did you have a retainer at some stage to act for Miss Higgins?” Justice Lee asked.
“Did you ever have a retainer in March 2021 to act on behalf of Miss Higgins?”
He asked Ms Giles if she was satisfied that there was no conflict, and after a short break she confirmed there was not and the hearing continued.
Ahead of Auerbach taking to the witness stand, Justice Lee also said he had been re-examining the High Court case Hearne V Street.
In Hearne v Street, the High Court of Australia reaffirmed the importance of parties in a court case not using documents for any purpose other than the conduct of the legal proceedings in which they were produced.
It is also colloquially known as the Harman undertaking, which is at the centre of questions over whether or not it was breached when material including CCTV footage was handed over to the Spotlight program.
Auerbach alleges it was Mr Lehrmann who provided some of the material.
Bruce McWilliam provides affidavit
Kerry Stokes’ longstanding right-hand man, Bruce McWilliam, who is leaving Seven West Media, has informed the Federal Court via an affidavit that he relied on an assurance from the Spotlight program’s executive producer when responding to a subpoena.
Channel 7 has been accused of failing to fully respond to the subpoenas and asked to explain the circumstances today.
It has provided an additional number of “confined” materials not previously provided.
The Federal Court was told by Ten’s barrister Matt Collins KC that Bruce McWilliam has provided an affidavit explaining the circumstances.
“What emerges from it is at paragraph six, it appears that limited searches were made for the purpose of complying to subpoenas issued by our clients,’’ he said.
“As a result of an untested assurance that was given by (Mark) Mr Llewellyn the executive producer of Spotlight.
Seven’s Bruce McWilliam indicated in his affidavit, which has not yet been published by the Federal Court, that he relied on the information provided to him.
“I had no reason to doubt his indication that no written or electronic communications with Mr Lehrmann existed,’’ Dr Collins said, referring to Mr William’s own words in his affidavit.
Seven subpoena production ‘beggars belief’
Network Ten’s barrister Matthew Collins KC has told the Federal Court that it “beggars belief” Seven have only been able to produce one communication between Mr Lehrmann and Seven producers over the six months the media company was negotiating the Spotlight episode.
Seven produced new documents to the Federal Court on Thursday morning in response to two subpoenas issued by Network 10 in the middle of last year telling the court there was a “confined” number of new materials.
Seven had initially told the Federal Court there were no documents to produce in response to the subpoena, which requested “all communications or documents evidencing communications between Mr Lehrmann, or anyone on his behalf, and the Seven Network”.
In the wake of the Auerbach affidavit, Justice Lee reissued the subpoenas.
“We can see … one document produced now. One document, evidencing your communication between Mr Lehrmann, the star of the exclusive interview, over a six or seven month preparation period,” Dr Collins said.
“That beggars belief. One can imagine what the explanation might be, but Your Honour might well expect an explanation to be provided in respect of that in any affidavit, to save cross-examination.”
Justice Lee has requested that lawyers for Seven sign an affidavit “as to why additional
documents have been produced” despite not being provided when initially asked last year.
“If I am satisfied that there may, and I underline the word may, have been an issue concerning proper production initially, I could either swear, have the proper officer sworn and examined,’’ Justice Lee said.
He said when the affidavit was provided he would make a decision on what further steps, if any, needed to be taken including the possibility of cross examining the lawyer who signed off on the affidavit.
The court has now adjourned until 2.15pm, when Auerbach will give evidence.
Seven produces fresh documents
During a return of the subpoenas hearing this morning ahead of Auerbach giving evidence, Seven also revealed it had “a confined” number of documents that were not previously produced following further searches and the Auerbach affidavit.
Following claims in the Federal Court that Seven had destroyed or failed to produce documents, Justice Lee relisted the subpoenas this week with a deadline of 9.30am on Thursday.
“There is a confined number of additional documents produced,’’ Seven’s lawyer told the Federal Court.
Justice Lee then asked Seven why the documents were not produced previously.
“Now just so I clarify in my own mind, in respect to those additional documents that are produced in answer the subpoena that was previously called upon and was the subject of what was said to be an answer, is their proposed to be any explanation as to why it is that additional documents have been produced?”
Seven said further searches had been made with the benefit of the Auerbach affidavit.
“My current view would be, subject to anything that used to say, that I’d want an affidavit sworn by someone as to why additional documents have been produced,’’ Justice Lee said.
Explosive affidavit
An untested affidavit sworn by Auerbach, which contains his account of Mr Lehrmann’s dealings with the Seven Network as well as numerous attachments, runs to 2000 pages.
Justice Lee agreed to reopen the defamation case on Tuesday following an application from Network Ten based on “fresh evidence” from Auerbach.
Mr Lehrmann has expressly denied leaking to the Spotlight program.
It follows news.com.au revealing that Auerbach had spent thousands of dollars on a company credit card to book two Thai masseuses in the company of Mr Lehrmann and another man in multiple transactions of $1000.
The charges were made without the knowledge of consent of anyone at Seven and Auerbach later apologised and agreed to pay the money back personally.
Mr Lehrmann denies getting a massage.
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