‘Defamation’: Ex-producer Taylor Auerbach announces legal threat against Bruce Lehrmann
A saga involving Bruce Lehrmann, a former Channel 7 employee and two Thai masseuses has taken a twist that could play out in a courtroom.
The Spotlight producer who booked two Thai masseuses on a Channel 7 credit card after a big night out with Bruce Lehrmann has engaged high-profile lawyer Rebekah Giles to send defamation concerns letters to the former Liberal staffer.
The lawyer has previously represented Brittany Higgins, former Attorney-General Christian Porter in his defamation action against the ABC, Greens Senator Sarah Hanson-Young and businessman Mitchell Hooke and his daughter Phoebe, against his former son-in-law Sam Burgess.
The legal salvo, first revealed by the Sydney Morning Herald, is detailed in a concerns notice sent that complains “false” statements have been made regarding Mr Auerbach.
“The press statement is likely to devastate Mr Auerbach’s professional reputation,” Ms Giles said.
She continued that Mr Lehrmann’s press statement conveyed a defamatory imputation that “Taylor Auerbach lied to the press about Bruce Lehrmann being bought a massage by a Seven Network employee”.
The bombshell legal threat to Mr Lehrmann follows the former Liberal staffer claiming the massage story was “bizarre and untrue” and being fuelled by a “disgruntled ex-Spotlight producer”. He insists he did not have a massage.
Seven has confirmed Thai masseuses were called to the property by the Spotlight producer and the fact a company credit card was used without the knowledge or consent of TV executives.
The Spotlight program paid Mr Lehrmann’s rent for a year in exchange for the exclusive interview, an arrangement that will conclude later next month.
On Wednesday, it emerged that Auerbach has hired top defamation lawyer Rebekah Giles to safeguard his reputational interests.
Mr Lehrmann, who had dined with Spotlight executives that night and then attended the Elizabeth Bay, Sydney, home maintains he did not receive a massage despite Auerbach spending $2940 on two Thai masseuses at 1am.
Colleagues claim that following the Cipri Italian dinner and the after-party at Elizabeth Bay, in the city’s east, on November 25, 2022, Auerbach was indeed sent to Tasmania by Seven to play golf with Mr Lehrmann as the network sought to seal the deal.
Seven insiders claim the masseuse issue played no documented role in Auerbach’s departure from the network in August, nearly nine months after the Thai masseuse credit charges were reversed.
At the time, Spotlight was desperately trying to secure the story amid 60 Minutes - who refused to pay for the interview - also chasing a sit-down with the man accused of raping Brittany Higgins.
Mr Lehrmann pleaded not guilty to that charge and maintains his innocence. The trial was aborted due to juror misconduct and the charge was later withdrawn following concerns over Ms Higgins’ mental health.
The objective of a concerns notice process is to resolve disputes regarding alleged defamation without the need for litigation.
It generally invites the respondent to “offer to make amends” to be made to the aggrieved person within 28 days of having received the concerns notice.
The offer may include an offer to publish an apology or an offer to pay compensation.
Seven has claimed the employee, identified in the media as Auerbach, received a written warning after he booked two masseuses in the company of Mr Lehrmann.
But to date, no documentation has emerged to support Seven’s claim that any formal written warnings were ever issued in relation to that incident.
It was November 25, 2022, when Mr Lehrmann joined Spotlight executive producer Mark Llewellyn and producer Auerbach for a get-to-know-you lunch at Cipri Italian, in the Sydney suburb of Paddington.
Seven had also put Mr Lehrmann up at a hotel in the city.
The Italian restaurant is a short distance away from the Elizabeth Bay property, which features stunning harbour views and an imposing antique grand piano.
After Llewellyn went home, Mr Lehrmann and Auerbach attended the Elizabeth Bay address.
Two Thai masseuses were called to the property with payment finalised around 1am.
The incident prompted attempts by the Spotlight team to reverse the transaction when the employee owned up to using the credit card to pay for the masseuse.
Spotlight producer Steve Jackson, who was not present on the night and did not authorise or have any knowledge of the use of the credit card, then suggested the employee ask the Thai masseuse to reverse the transactions the next day and “pay cash instead” to remove the transaction from the credit card in keeping with the network’s expense policies.
Jackson, who has recently been appointed as the NSW Police commissioner Karen Webb’s new spin doctor, suggested to the employee at the time the masseuse be paid “a bonus” of $250 to facilitate the different payment method.
During the text exchange, Jackson provided the Seven employee with a Google translation of how to tell the worker in Thai: “I pay you cash instead.”
At the time, Seven was trying to seal the deal on an exclusive interview. The masseuses were booked without the knowledge or consent of anyone else at Seven, including Jackson.
News.com.au exclusively revealed on Monday that Seven penned a glowing reference for a Spotlight producer nearly a year after the employee allegedly charged $2900 on a company credit card for two Thai masseuses.
In the latest twist to the bizarre saga, it has also emerged that former Spotlight colleagues say the producer, Auerbach, was flown to Tasmania by Seven to play golf with Bruce Lehrmann in December, 2022, just weeks after he allegedly used the Seven credit card without the knowledge or consent of Spotlight executives.
Mr Lehrmann has told journalists that he did meet with Seven producers on the night in question, but insisted any suggestion he got a massage was “untrue”. There is no suggestion of wrongdoing by Mr Lehrmann in his dealings with Spotlight.
“Network Seven have only ever covered reasonable travel for filming and accommodation,’’ Mr Lehrmann said.
A glowing reference praising the current affairs producer has emerged, prepared by the Seven news boss Craig McPherson, who is also the husband of network star Sonia Kruger.
In the reference, McPherson praises Auerbach’s “creative flair” and writes he was “professional” and “diligent”.
It makes no mention of the night the producer allegedly dined with Mr Lehrmann in Paddington before making the short trip to his Elizabeth Bay apartment and running up the charges on the Spotlight credit card around 1am, without the knowledge or consent of Spotlight executives or Seven.
“Taylor Auerbach was first employed by the Seven Network at the end of 2018,’’ McPherson writes.
“Taylor was a professional, diligent team member. His creative flair was enhanced by his determination to deliver for the programs he worked across.”
News.com.au does not suggest McPherson was alerted to the masseuse allegations before writing the reference. The news boss has been contacted for clarification.
On April 15, 2022, Llewellyn took his wife to the races at Royal Randwick where he snapped himself with Mr Lehrmann lurking in the background of selfies.
“Some low profile bloke in the background,’’ Llewellyn quipped on his Instagram account.
Mr Lehrmann also documented the day at the races on his own Instagram account, posting a picture of Llewellyn and his wife sipping a drink that is captioned “a lot of study and number crunching into today’s bets” followed by a laughter emoji.
Less than a week later, on April 21, documents published by the Federal Court confirm he signed his exclusive deal.
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