Channel 7’s Spotlight program operating in ‘perverse universe’, court told
The barrister for Network 10 has told the court that the Spotlight interview with Bruce Lehrmann was operating in a “perverse universe”.
The reopened hearing for Bruce Lehrmann’s defamation case against Network Ten and Lisa Wilkinson has now been adjourned, after two days of bombshell new evidence.
The case was officially reopened this week, after former senior producer on Channel 7’s Spotlight program, Taylor Auerbach, made explosive claims about the network’s dealings with Mr Lehrmann before he agreed to an exclusive, tell-all interview with the program.
On Friday, the court heard Mr Lehrmann submitted a $750 invoice to Seven in January 2023, which Auerbach claimed was to cover the “expenditure on cocaine and prostitutes” and to “replenish” Mr Lehrmann’s bank account after a “bender”.
Auerbach also described a meeting he had with the ex-Liberal staffer’s former “media minder” in October 2022, in which they discussed figures for the potential “tell-all” interview, talking “vaguely” in the realm of $200,000.
Justice Michael Lee has now formally reserved his decision in the case, telling the court he will let all sides know as soon as possible when he will hand down his judgement, though insisted it would “not be Monday or Tuesday” next week.
‘Staggering’: Channel 7’s ‘perverse universe’
Ten’s barrister, Matt Collins, is now presenting his final submissions to the court.
Dr Collins said that Auerbach was “kept in the fold”, despite putting more than $10,000 in massages, which Mr Lehrmann allegedly benefited from, on the Seven company card. Mr Lehrmann denies getting any massages.
The court heard that the ex-Spotlight producer’s job was to “continue babysitting Mr Lehrmann”, despite the charges to the company card.
“Somehow in the perverse universe in which this program was apparently operating, Mr Auerbach was not terminated for spending more than $10,000 on the company credit card,” Dr Collins said.
He told the court it was “staggering”.
He said it was Auerbach’s job to build a rapport with Mr Lehrmann in the lead up to him agreeing to the Spotlight interview.
Lehrmann’s barrister questions $750 for sex workers, drugs
Mr Lehrmann’s barrister, Matthew Richardson SC, has questioned Auerbach’s claim that Channel 7 reimbursed Mr Lehrmann $750 which he allegedly spent on cocaine and sex workers.
Mr Richardson told the court it was a “stretch”.
“That was two nights with him and Mr Auerbach with the drugs and the prostitutes, even the least worldly person in this room, which regrettably is probably me, that that is a stretch,” he said.
During his closing submission, Mr Richardson claimed the court was no more informed than they were before the case was reopened.
“The application has not moved the dial on the evidentiary issues, nor on the assessment of damages,” he said.
Wilkinson’s lawyer says Lehrmann ‘lying to this court’
Lisa Wilkinsons’s barrister, Barry Dean, is now making his closing submission.
Mr Dean told the court that Mr Lehrmann had been “lying to this court” and “lying” to his solicitors, who then, “unaware” of this, wrote letters that contained “false information”.
“That conduct is disreputable in itself,” he said.
Mr Dean told Justice Lee that he believes Mr Lehrmann’s dishonesty warrants the “striking out of this claim”.
‘Wanted to do damage’
Justice Michael Lee is hearing closing submissions from all parties after a day’s worth of evidence from Auerbach, who made a series of damaging allegations against Mr Lehrmann, as well as his former bosses.
“This is a man who desperately wanted to do as much damage to his previous employer as he could conceivably do,” Justice Lee said of Auerbach.
“That doesn’t mean he’s not a truth teller, but don’t put him up as some sort of noble public interested person who was coming along to get something off his chest because he thought he’d assist his majesty’s justices.
“He’s a man who wanted to make a range of allegations against people under absolute privilege.”
– NCA NewsWire
‘$200,000’: Spotlight payment discussions
Auerbach has told the court of a meeting he had with John Macgowan in October 2022 while he was in Canberra for the criminal trial between Mr Lehrmann and Brittany Higgins.
Auerbach has described Mr Macgowan as Mr Lehrmann’s “media minder”.
He told the court they court they discussed what a Spotlight interview might look like and explained they had “extra material” in their possession, including audio of Ms Higgins talking with Wilkinson.
Auerbach said they discussed “figures” and they talked “vaguely” in the $200,000 region.
Seven did not pay Mr Lehrmann in cash for his exclusive Spotlight interview, however, the network did agree to pay his rent for a year.
Auerbach also claimed that he spoke with Lehrmann during the trial. He said the ex-Liberal staffer told him he appreciated the “fact that I wasn’t sitting with the rest of the feminazis in the press pack”.
Brittany Higgins invited to make submissions
Justice Lee has “invited” Ms Higgins to make her own “submissions” to the court if she wishes to do so.
“I am only inviting Ms Higgins, if she wishes, to make her own submissions,” Justice Lee said.
“I am not suggesting she should do it or not do it. I am just making it clear that I would receive submissions about the findings that Mr Lehrmann asked me to make in the final version of his submissions.
“That’s the long and short of it.”
$750 charge for ‘cocaine and prostitutes’
The ex-Spotlight producer told the court Mr Lehrmann submitted a $750 invoice to Seven in January 2023.
Auerbach was asked about a $750 charge for “pre-production expenses”, which he told the court he understood to cover Mr Lehrmann’s “expenditure on cocaine and prostitutes”.
Asked what his basis was for that understanding, Auerbach said that Mr Lehrmann indicated to him that he needed to “replenish his bank account after the bender”.
He said that was a problem as they were only paid to Seven staff, which Mr Lehrmann was not. So they needed to find another category to “finance all that through the system”.
Auerbach said it was his understanding those pre-production expenses were paid by the Seven Network.
“Mr Lehrmann told me he received the funds,” Auerbach said.
Auerbach told to reverse credit card charges
Auerbach has told the court he was instructed by his former colleague Steve Jackson to reverse thousands of dollars in charges on a Seven corporate credit card that he incurred during an evening he spent with Mr Lehrmann.
“I was instructed by Mr Jackson to track down the person involved and to pay her cash to clear the transitions,” Auerbach told the court.
Allegations of cocaine and sex workers
During his evidence on Thursday, Auerbach said he attended the Meriton Hotel in Sydney’s CBD in January, 2023, at a time when he was “building rapport” with Mr Lehrmann in the hope of securing an exclusive interview with him for Spotlight.
He said that over dinner, the ex-Liberal staffer had 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.”
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, Spotlight senior producer Steve Jackson and said he was worried given the previous events with the Thai masseuse.
Auerbach said he recalled texting Jackson that “Bruce was on the warpath again”.
“This is f*cked,’’ he said.
Seven responds to shock claims
Seven 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 on Thursday night, 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 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.”
‘State of undress’: Explosive nude photo revelation
During cross examination, Mr Lehrmann’s barrister Matthew Richardson SC asked 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.
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“Yes, sir,’’ 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, to which Auerbach replied, “Yes, sir”.
He also confirmed that the woman’s breasts were exposed in the photographs, though denied she was a woman he “understood to be vulnerable”.