Lehrmann trial to return to court to hear bombshell evidence from Seven producer Taylor Auerbach
The ex-Seven producer whose bombshell claims reopened Bruce Lehrmann’s defamation trial has shared with a court wild new claims on his night with the former staffer.
Former Seven producer Taylor Auerbach has told a court that Bruce Lehrmann was reimbursed by the network for drugs and prostitutes during a night in Sydney where the former Liberal staffer was described as “on the warpath”
Mr Lehrmann has sued Network 10 and journalist Lisa Wilkinson over Brittany Higgins’ interview with The Project in which she alleged she was raped inside Parliament House.
During a bruising five-week trial late last year, Mr Lehrmann denied having any sexual contact with Ms Higgins that evening and claims he was defamed by the broadcast despite not being named.
Thursday was supposed to be D-Day for Mr Lehrmann, and Justice Michael Lee was scheduled to hand down his highly-awaited judgment.
However in a sensational 11th-hour twist, Network 10 was granted leave to reopen its case to hear fresh evidence from Mr Auerbach, who was involved in securing Mr Lehrmann for two interviews with Seven’s Spotlight.
In a series of sworn affidavits tendered to the Federal Court, Mr Auerbach claimed that Mr Lehrmann supplied the network with several pieces of evidence, including the AFP Statement of Facts in Mr Lehrmann’s criminal trial.
Mr Lehrmann has previously denied providing documents to the program and the former political staffer testified during the defamation trial that he only gave the network an interview.
Watch live stream of today’s hearing here
“BABYSITTER”
Mr Auerbach said that on one of Mr Lehrmann’s trips down to Sydney in January 2023, he was assigned to be his “babysitter”.
He said that Channel 7 put Mr Lehrmann up at the Meriton Sydney.
“I had been reappointed to be his babysitter, minder, looking after him ... building up a rapport trying to build trust and some sort of relationship with a prospective interview subject,” Mr Auerbach said.
He said that while at dinner Mr Lehrmann purchased drugs and later ordered prostitutes.
”Mr Lehrmann had over dinner purchased a bag of cocaine while we were dining at Franca and when we got upstairs to the room he pulled that 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,” Mr Auerbach said.
“And he began googling a series of websites to try and make that happen.
“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.”
Mr Auerbach said he was “taken aback” and tried to convince Mr Lehrmann to discuss the night of the alleged incident for the interview.
“It jumped out at me as quite concerning so I put it to him that we would have to ask him hard questions about the night in Canberra,” Mr Auerbach said.
“Given that was the whole purpose of the spotlight investigation and continued to chat with him”
In his affidavit, Mr Auerbach said money paid by Mr Lehrmann for illicit drugs and prostitutes was later reimbursed to him in “per diems”.
In a statement Seven said allegations Mr Lehrmann issued invoices to Seven covering costs for illegal drug use and prostitutes was “completely false”. Mr Lehrmann has previously denied receiving a massage.
Mr Auerbach told the court he had texted his boss, Spotlight producer Steve Jackson, on the night, telling him that he was concerned by Mr Lehrmann’s behaviour.
“I told him that Bruce was on the warpath again and that it was no anomaly,” Mr Auerbach said.
“I think I used … if you don’t mind me swearing your honour… I think I used the words ‘this is f***ed’.”
MORTIFIED AND ASHAMED
Mr Auerbach told the court that he was “mortified” and “ashamed” after charging thousands of dollars worth of Thai massages to his corporate credit card and offered to quit his post at Spotlight.
In his affidavit, Mr Auerbach alleged that he had evidence of receipts paid by Seven for Mr Lehrmann’s benefit, including $10,000 worth of Thai massages.
Mr Lehrmann has previously denied receiving a massage.
The court heard that the following day Mr Auerbach tendered his resignation to his bosses.
“You were so mortified and ashamed by what you had done you resigned the next day,” Mr Lehrmann’s barrister Matthew Richardson said.
“Correct,” Mr Auerbach said.
He wrote in a letter to his employer that morning: “Last night, and early this morning in a drunken daze, I put thousands upon thousands of charges on a corporate card that had nothing to do with work.”
Mr Auerbach in court on Thursday denied that the charges had “nothing to do with work”.
“I want to suggest to you the motive (for making the allegations in his affidavit) was to humiliate Mr Lehrmann, do you agree or disagree,”
“No, that’s wrong,” Mr Auerbach said.
In a statement, a Seven spokesperson said: “The person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed.”
30 DRINKS A DAY
Mr Auerbach has told the court that he was provided with documents by Mr Lehrmann, including an AFP statement of facts relating to Lehrmann’s criminal trial, however the former political staffer’s lawyers have called the reliability of his memory into question.
Mr Richardson pointed to notes made by his psychologist that he had reported cutting back his drinking early in 2023 from 140 standard drinks a week and less than 30 standard drinks a day.
“I want to suggest to you, Mr Auerbach, that your recollection of anything that happened in November or December 2022 is suspect,” Mr Richardson asked.
“I disagree,” Mr Auerbach said.
Mr Auerbach, in one of three affidavits tendered to the court, said Mr Lehrmann provided him with the AFP “statement of facts” from Mr Lehrmann’s criminal trial on December 3, 2022.
He claimed in the affidavit that he received the Cellebrite extraction report of texts between Ms Higgins and her former boyfriend, Ben Dillaway, during a golf trip in Tasmania with Mr Lehrmann, Mr Llewellyn and John MacGowan around December 18, 2022.
“HATE”
Mr Auerbach has denied that he was resentful towards Seven, Spotlight producer Steve Jackson and executive producer Mark Llewellyn and that he was attempting to do them as much damage as possible.
The court was on Thursday played a social media video of Mr Auerbach snapping a set of golf clubs belonging to Mr Jackson.
Mr Auerbach admitted he “hated” Mr Jackson, but denied he was displaying hatred in the video.
“I want to suggest to you, Mr Auerbach, that you are here today to do as much damage to your former employer and former colleagues as you possibly can?” Mr Richardson said.
“Strongly disagree,” Mr Auerbach said.
“And you’re prepared to lie in that endeavour?” Mr Richardson said.
“No sir,” Mr Auerbach replied.
THE MAN IN THE REFLECTION
Mr Auerbach further said that Seven was provided with Ms Higgins’ text messages.
As part of his affidavit he produced photographs of screenshots on a laptop of messages between Ms Higgins and Peter FitzSimons.
“I know that the photographs were taken by (Spotlight executive producer) Mark Llewellyn in a house rented in my name for (Mr Lehrmann) in Randwick on 4 March 2023 because I have examined the metadata of the photographs which show the precise location that the photographs were taken and the date they were taken,” Mr Auerbach said.
He also said that Mr Llewellyn’s image could be seen in the reflection of the laptop screen.
On Thursday he told the court that was sent the photographs after being asked to script sections of the program relating to Ms Higgins’ book deal and the Sofronoff inquiry.
“There is a figure in the reflection of the glass that you can see in a number of the photographs.
“In some of them that figure is clearer than others … You will see a wrist watch in bottom left hand corner of the page, you will see some eyeglasses under the words ‘the large’ and a bald head surrounding that glasses frame that I recognised to be Mr Llewellyn.”
GILES LINK TO HIGGINS QUESTIONED
Justice Michael Lee on Thursday afternoon questioned whether Mr Auerbach’s solicitor, Rebekah Giles, had a conflict of interest in the case and whether she may have previously been engaged on a retainer by Ms Higgins.
He told the court that there was a reference by Ms Higgins in communications with her partner David Sharaz in March 2021 about engaging Ms Giles as she contemplated launching defamation action.
“There seems to be some reference to Ms Higgins contemplating defamation proceedings and communications between her and Mr Sharaz concerning that issue,” Justice Lee said.
The court adjourned for 10 minutes while Ms Giles checked her records.
When court resumed Ms Giles told the court: “I am satisfied I do not have a conflict in representing Mr Auerbach.”
Ms Giles sent a concerns notice to Senator Linda Reynolds on behalf of Ms Higgins in 2021, seeking an apology after reports the Senator had referred to her as a “lying cow”.
“I’M JUST HERE TO ASSIST THE COURT”
Mr Auerbach arrived at the Federal Court on Thursday afternoon alongside his solicitor Rebekah Giles.
Wearing a dark suit and carrying an umbrella, Mr 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,” Mr Auerbach said to reporters as he walked in.
Mr Auerbach will be cross examined by Mr Lehrmann’s barrister Matthew Richardson SC.
Lisa Wilkinson also walked into the court complex surrounded by her legal team shortly before 2pm.
“OF COURSE I DO””
In one of his affidavits tendered to court, Mr Auerbach said his two-year stint as a senior producer with Spotlight ended in August 2023.
He said that he subsequently made a claim with Seven for psychological injuries, which were settled on “confidential terms”.
The court was told on Thursday that Mr Auerbach had produced documents in reply to a subpoena relating to his psychological injury claim.
His solicitor Rebekah Giles told the court that Mr Auerbach had alleged as part of the injury claim that he had sustained “bullying” and “anti-Semitism over a significant period”.
Outside court on Thursday, Seven senior executive Bruce McWilliam told reporters that he “rejected” the allegation that Mr Auerbach had been subjected to bullying and anti-Semitism.
“Of course I do, of course I do,” Mr McWilliam said outside court when asked if he rejected Mr Auerbach’s claims.
PSYCHOLOGICAL INJURY
Seven on Thursday morning produced a series of documents in response to subpoenas issued by Network 10 and Bruce Lehrmann.
The subpoenas issued by Network 10 were sent in June and August last year.
At the time Seven claimed there were no documents to produce, the court has heard.
Justice Michael Lee questioned why Seven was now producing additional documents.
“Further searches have been undertaken over the last two days, and with the information Mr Auerbach has provided in his affidavit,” Seven’s barrister David Thomas.
Justice Lee asked for an affidavit to be signed by Seven explaining why additional documents have now been produced.
The court heard on Thursday that Mr Auerbach alleged he was subjected to “bullying” and “anti-Semitism” at Seven.
Mr Auerbach’s lawyer Rebekah Giles appeared in court on Thursday where she said her client was having difficulty complying with a subpoena relating to his psychological injury claim.
Ms Giles said her client had produced some documents but was having difficulty producing others.
“As you can see from his affidavits, his claim alleges psychological injury,” Ms Giles said.
“He alleges sustained bullying, anti-Semitism over a significant period.”
CREDIBILITY
The court has heard the Spotlight program broadcast material which was not previously in the public domain.
Ten’s barrister Dr Matt Collins on Tuesday told the court that material was contained in an e-brief which was not tendered in Mr Lehrmann’s ACT Supreme Court criminal trial, but produced to his solicitors.
Mr Lehrmann has denied breaching the “Harman undertaking” which says that material produced in one case cannot be used for other purposes.
In submissions to the court, Dr Collins argued that if Auerbach’s evidence was believed, it would have a bearing on Justice Lee’s assessment of Mr Lehrmann’s credibility.
“It is capable of materially affecting the assessment of the credit of (Mr Lehrmann) because it discloses wilful dishonesty and a preparedness to commit a very serious contempt of court in order to attempt to advance his interests in this proceeding,” Dr Collins wrote in his submissions.
He also accused Mr Lehrmann of engaging “in an extreme abuse of process.”
THE ALLEGED EXPENSES
In his affidavit, Mr Auerbach further claimed that he had evidence – in the form of photos and text messages – of other expenses paid by Seven for Mr Lehrmann’s benefit.
As part of his affidavit, Mr Auerbach produced a number of receipts and text messages which he alleges relate “to receipts of purchases incurred by me, and/or Seven directly, for the benefit of (Mr Lehrmann).”
According to Mr Auerbach’s affidavits, the network covered the cost of a $517 meal at Franca in Potts Point on January 5, 2023, a meal at Spice Temple in the CBD that cost $450 on January 6, and a $555 meal at Chophouse Restaurant on January 31.
A picture of a receipt from the Sydney steakhouse included $361 for a 1.9kg tomahawk steak and $48 worth of prawn toast, as well as other sides.
Seven also covered the costs of a meal between Mr Auerbach, Spotlight executive producer Mark Llewellyn, Mr Lehrmann and his friend, former Liberal Party aide John Macgowan, on December 18 in 2022 in Bridport, Tasmania.
He said Seven also covered the costs of a round of golf at Barnbougle, Tasmania worth $401.
He also said he had evidence in the form of receipts for approximately $10,000 worth of massages for Mr Lehrmann.
Mr Auerbach claimed in his affidavit that Seven also reimbursed Lehrmann 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,” he said in his affidavit.
“I no longer have a copy of this invoice.”
Mr Auerbach was dragged into the saga after news.com.au reported that “two Thai masseuses were booked – one for Mr Lehrmann and another for a Seven employee” in the early hours of November 26, 2022.
It prompted Mr Lehrmann to issue a statement, describing the allegation as “an untrue and bizarre story from a disgruntled ex-Network Seven producer”.
Mr Auerbach threatened to sue Mr Lehrmann over the statement and sent a concerns notice.
In the notice, Mr Auerbach’s solicitor said Mr Lehrmann’s statement had conveyed a defamatory imputation that “Taylor Auerbach lied to the press about Bruce Lehrmann being bought a massage by a Seven Network employee”.
Mr Lehrmann has maintained he did not have sexual intercourse with Ms Higgins after they travelled together back to Parliament House in the early hours of Saturday March 23, 2019.
He claims he was defamed by The Project broadcast, despite it not naming him.
Mr Lehrmann stood trial in the ACT Supreme Court after pleading not guilty to sexually assaulting Ms Higgins, but the trial was aborted due to juror misconduct.
The charges were subsequently dropped by the Director of Public Prosecutions due to concerns about Ms Higgins’ mental health before Mr Lehrmann sued Network 10 and Ms Wilkinson in the Federal Court.
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