Bruce Lehrmann admits he ‘fabricated’ texts to girlfriend about defamation case

Bruce Lehrmann has admitted to “fabricating” words said in texts to his girlfriend when media first aired Brittany Higgins’ allegations.

Bruce Lehrmann has been grilled in court over texts he sent on the night media first aired Brittany Higgins’ allegations of being raped in Parliament House, admitting some were fabricated.

The former Liberal staffer has given evidence in court for the first time, saying he was “outraged” when the allegation – which he strenuously denies and has never been proven in court – was made public.

During cross-examination, Channel 10’s lawyer Matt Collins KC told Mr Lerhmann he had “caught” him out over his evidence about what kind of lawyer he sought and when.

Mr Lehrmann told Mr Collins he had been drinking on the night The Project aired on February 15, 2021, in the office of lawyer Warwick Korn.

The court heard Mr Lehrmann had sought legal advice from Mr Korn regarding the allegation following a story in news.com.au that morning.

Mr Lehrmann is suing Channel 10 and Lisa Wilkinson, as well as News Corp’s News Life Media and Samantha Maiden, over their TV and online stories.

Bruce Lehrmann arriving at the Federal Court on Thursday, March 16. Picture: Lisa Maree Williams/Getty Images

But he took two years to sue them – twice the normal legal time limit to start such proceedings – and Justice Michael Lee has to rule on whether to extend that deadline.

His decision will pave the way for whether the case goes to trial or topples.

Mr Lehrmann’s legal team is relying on three reasons for his delay in suing: receiving certain legal advice, the fact he was also facing criminal proceedings and his mental health.

In a public hearing over the limitation extension, Mr Lehrmann was probed by Mr Collins about a series of texts to his then-girlfriend shortly before the interview with Ms Higgins aired on The Project.

He admitted to fabricating certain texts about having spoken to a lawyer about being “up for millions” in defamation.

The court heard he said in a message to his girlfriend just prior to Channel Ten’s broadcast: “If I’m named tonight, he (Mr Korn) says I’m up for millions”.

The court heard of texts sent by Mr Lehrmann.

Mr Lehrmann is suing Channel 10 and Lisa Wilkinson. Picture Supplied

Referring to that message, Mr Collins asked:

“Did he (Mr Korn) say to you ‘you’ll be up for a lot of money from Channel 10 as well as from the government and the department of finance’?”

Mr Lehrmann responded: “I don’t believe he did say that.”

Mr Lehrmann was asked why he said to his girlfriend “he says” in the text about being “up for millions” if Mr Korn did not say that.

Mr Lehrmann said “Rome was burning” and he wanted to “put on a brave face” for his “incredibly stressed and traumatised” girlfriend.

“So you made up a conversation with your lawyer,” Mr Collins asked, to which Mr Lehrmann said: “yes”.

“So while you’re having conversation with Mr Korn, you’re fabricating what he’s telling you for the purposes of placating your girlfriend,” Mr Korn asked.

“We weren’t talking the whole time we were in the office,” Mr Lehrmann responded, adding: “it is hard to recall exactly the nature of the conversations taking place”.

Mr Collins grilled Mr Lehrmann about his evidence not adding up. He was asked whether he contacted a “friend” about setting up a meeting with a defamation lawyer on February 15 before The Project aired.

“Didn’t you say to her you needed a defamation lawyer?” Mr Lehrmann was asked.

“I don’t agree with that, no,” he responded.

He was asked again: “You asked her for a recommendation for a defamation lawyer and she provided you one?”

“No,” Mr Lehrmann responded. He said he had asked for a criminal lawyer.

Mr Collins responded that he “already had a criminal lawyer by the time you asked for a criminal lawyer,” to which Mr Lehrmann said: “I was seeking options until such time I had a face to face meeting with Mr Korn”.

Mr Collins told the court: “I’ve caught you out haven’t I, Mr Lehrmann? You gave his honour evidence you had had a phone call with Mr Korn to arrange a meeting that very day.

“And you’d had that conversation before you had this conversation with (friend) Ms Robertson. You had no need to be scouting around for a second criminal lawyer when you hadn’t even met with the first.”

Mr Lehrmann said he was “seeking multiple options”.

Bruce Lehrmann arrives at court in Sydney on March 16, 2023. Picture: Lisa Maree Williams/Getty Images

The former Liberal staffer was asked how he was the day after the program aired.

“Not in a good way, to put it mildly,” Mr Lehrmann told the court.

Asked what he thought after watching The Project, Mr Lehrmann said: “I was outraged from what I was seeing.

“I wanted to commence defamation proceedings. It was that outrageous,” he said.

“From what I recall, I was outraged by the material I was seeing and I asked him (his lawyer, Mr Korn) about commencing defamation proceedings.

“The advice was to wait until we see what happens with the criminal matter.”

He told the court he presented to Royal North Shore Hospital that night where he stayed overnight.

Later, he went to stay with his mother in the Queensland city of Toowoomba.

“Given intense media scrutiny, there was strong advice from doctors that I retreat to Queensland to live with my mum.”

He said he was “outraged and angry” every time a new story appeared about his case.

“Every time an article would come out or a Four Corners report or whatever, there was outrage and it was obvious on social media people knew it was me,” Mr Lehrmann told the court.

“It was a mix of being outraged, angry. I wanted to fight back against the media.”

Mr Lehrmann has always denied having sex with Ms Higgins and the criminal charge against him was dropped.

Earlier in court, Lisa Wilkinson’s lawyer, Chrysanthou SC, tendered to court text messages exchanged between Lehrmann and his girlfriend as well as another female friend.

They started at about 5pm on February 15 – just before The Project aired.

Brittany Higgins. Picture: David Gray/AFP

As well as the “up for millions “ text, Ms Chrysanthou tendered to court more “key” messages, which read: “Warwick (Korn) doesn’t think I will be named”.

Later, Mr Lehrmann wrote these sentences over several texts:

“Criminal is off the cards completely…. But we may have civil… It’s false… they have nothing… He wanted me to keep it locked down… I’ve got two lawyers now…. I’m up for a bit of money”.

Ms Chrysanthou told the court he was asked in another text by a friend: “do you know who the guy was (who was the subject of the allegations)” to which Mr Lehrmann responded: “Not the faintest idea, I haven’t been approached by anyone”.

Sporting a dark suit, maroon tie and white shirt, Mr Lehrmann walked into court flanked by his legal team.

The court heard his lawyer, Warwick Korn, will be available to give evidence in the coming weeks.

If the case goes to trial, the respondents rely on defences of truth and qualified privilege.

The hearing continues before Justice Michael Lee on March 23, when Mr Korn’s evidence and closing arguments are expected to be heard.