Bruce Lehrmann’s secret silk delays appeal hearing
The former Liberal staffer has recruited a senior barrister to run his appeal against Network 10, with the Federal Court hearing the secret silk fears ‘trolling’ if he were to be named.
A secret barrister recruited by Bruce Lehrmann in his appeal against Network 10 has delayed the trial by nearly six months, with the matter now set to be heard by the full bench of the Federal Court in August.
Mr Lehrmann’s solicitor Zali Burrows on Wednesday morning told Federal Court judge Wendy Abraham that she planned to brief a silk for trial, but refused to name him because “he doesn’t wish to be trolled or harassed ... as I’ve experienced”.
Ms Burrows in September told the court she “proposed to brief” appeals silk Guy Reynolds SC, who had “provided advice in the matter”.
Justice Abraham on Wednesday appeared to accomodate Ms Burrows’ request to accomodate the unnamed silk’s schedule, and said the appeal would “likely” be heard in August rather than March.
Mr Lehrmann is appealing a landmark ruling that found Ten and presenter Lisa Wilkinson did not defame him when airing an interview with his former colleague Brittany Higgins in which she detailed allegations of rape in the office of senator Linda Reynolds.
The Federal Court earlier this year found in favour of Ten and Wilkinson because, on the balance of probabilities, Mr Lehrmann sexually assaulted Ms Higgins.
Wilkinson’s barrister Sue Chrysanthou SC on Wednesday took issue with the “significant delay” caused by the unnamed silk’s scheduling issues.
“The only thing we have to say about that is that that’s a significant delay in circumstances where the appeal was filed over five months ago and where, having regard to the interests of finality in litigation, particularly for individual parties, that is a substantial delay just to accommodate some unnamed counsel in circumstances where it’s not even apparent if that person has been in the matter or there’s no suggestion that there’s no other person available,” she said.
“There’s many fish in the sea, as Your Honour is aware, when it comes to counsel.”
But on Wednesday morning, she said the barrister — who has been “informally” involved in the trial so far — “wishes to remain unnamed”.
“Just on the basis he doesn’t wish to be trolled or harassed, for example, as I’ve experienced,” she said. “I know it’s unsatisfactory at this stage, but once we have the hearing date and he has been formally briefed, then I’m happy to let my friends know.”
Justice Abraham asked Ms Burrows to provide the name to her and the other parties.
“Can I email your chambers?” Ms Burrows asked.
Justice Abraham: “Can you write it on a piece of paper?”
Ms Burrows: “Yes I can.”
Ms Burrows then wrote the name on a piece of paper and handed it up to Justice Abraham and the other parties. She indicated he would be named publicly once he is locked in to appear in the matter.
Last month the court heard arguments over whether the $2 million costs order should be temporarily set aside, and if Mr Lehrmann should be required to put up $200,000 in security for costs before the matter is heard.
Justice Abraham ruled in favour of Mr Lehrmann, allowing the costs order to be set on hold until the end of the appeal and dismissing the security for costs application.
On Wednesday, Justice Abraham appeared to accommodate Ms Burrows’ request for the trial to be delayed, despite Ms Chrysanthou saying it had been five months since the matter was first filed.
“You say it’s been five months since the appeal was filed. It’s not quite as simple as that because of the applications by the respondents for security,” Justice Abraham said. “The preparation of that and the hearing took some time, so we’re much closer to March than would ordinarily be the case.”
She said it was up to the court to decide a hearing date, but requested parties clear August 19-22 for trial.
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