Bruce Lehrmann backflips on alcohol evidence in defamation trial
Bruce Lehrmann backtracked on crucial evidence relied upon in his criminal trial regarding the keeping of alcohol in ministerial offices.
Bruce Lehrmann has backtracked on crucial evidence given to police and relied upon in his criminal trial regarding the keeping of alcohol in ministerial offices, one of several inconsistencies over which he was grilled during his first cross-examination since being accused of raping Brittany Higgins in Parliament House.
The Federal Court on Thursday, during the second day of Mr Lehrmann’s defamation trial against Network Ten and Lisa Wilkinson, heard that Ms Higgins emailed Mr Lehrmann two days after he allegedly raped her on the couch of minister Linda Reynolds’s office, saying she needed to “phone a friend” and requesting he help her with a minor work task.
It also heard Mr Lehrmann deny attempting to kiss Ms Higgins or ever telling his parliamentary colleagues he thought she was “attractive.”
Mr Lehrmann is suing Ten and Wilkinson over an interview the latter conducted with Ms Higgins that aired on The Project in 2021, detailing accusations that Mr Lehrmann had raped Ms Higgins but not naming him as the alleged attacker.
Mr Lehrmann was cross-examined by Ten’s barrister Matthew Collins KC after lunch on Thursday and questioned on evidence he gave to the Australian Federal Police in April 2021 after being formally accused of sexual assault by Ms Higgins.
The courtroom was played a portion of the AFP interview, which was used as Mr Lehrmann’s version of events in the criminal trial, in which Mr Lehrmann said: “I didn’t have any alcohol in my office.”
It was also shown images of various alcohol bottles on or above Mr Lehrmann’s desk, and learned he had moved the office fridge to be closer to him.
“You were asked a question that to the best of your knowledge or your recollection there was no alcohol back there, is that correct?’,”
Dr Collins said. “Your answer was: Yeah, no. Not to my knowledge, no.”
Mr Lehrmann responded: “Clearly, as we’ve seen, I’ve been mistaken there.”
Later, Dr Collins said: “When did you realise it was false Mr Lehrmann?”
Mr Lehrmann: “Um, I don’t know. I’m sorry.”
Dr Collins: “Was it before your criminal trial?”
Mr Lehrmann: “I can’t recall.”
Later again, Dr Collins said: “You knew it was false at the time you gave the answer.”
Mr Lehrmann: “I disagree.”
Dr Collins: “You knew it was false at the time of your criminal trial.”
Mr Lehrmann: “I disagree.”
Dr Collins: “You allowed the statement to go uncorrected.”
Mr Lehrmann: “I disagree.”
The court also heard Mr Lehrmann deny telling Senator Reynolds’s chief of staff, Fiona Brown, that he had gone back to Parliament House on the night of the _alleged rape to drink whiskey, despite contemporaneous notes made by Ms Brown saying otherwise.
“I did say to her to have a drink, I believe. I don’t recall it being specific,” Mr Lehrmann said.
He told the court he spent about 30-40 minutes at his desk on the night of the alleged rape annotating question time briefs, after having conversations with Defence staffers at The Dock hotel that night about the potential of moving a major submarine project to Western Australia.
“Based on the conversations that I had at The Dock, I took it upon myself to make some notes while it was fresh in my mind against various briefs in those folders,” he said.
“It was heavily focused on the submarine issue, given the political sensitivity at the time.”
Mr Lehrmann said during this time, he did not hear from or interact with Ms Higgins.
Dr Collins grilled Mr Lehrmann over evidence he had given regarding what he referred to as a “minor” security breach, when he left a confidential ASIO document on the desk of a department liaison officer, and then walked to the kitchenette to get a coffee.
“What you told His Honour yesterday … was ‘I placed the document on her desk while I popped around the corner to the kitchen to make a coffee and wait for her to return’. Was that truthful evidence?” Dr Collins asked.
“That’s how I recall it,” Mr Lehrmann responded.
Dr Collins: “Today you say you can’t remember whether you have gone to make a coffee or a hot drink or anything else?”
Mr Lehrmann: “I went around to the kitchenette. I can’t recall specifically what beverage.”
Dr Collins: “Why did you tell His Honour yesterday you’ve gone around the corner to the kitchen to make a coffee?”
Mr Lehrmann: “Well, you know, my mind escapes me today, I’m sorry.”
Dr Collins then asked Mr Lehrmann if he understood “the importance of being completely truthful and accurate and all the answers you give in the witness box” to which Mr Lehrmann replied: “I’m trying.”
The court heard Ms Higgins requested assistance from Mr Lehrmann on a work task two days after she was allegedly raped by him. An email Ms Higgins sent to Mr Lehrmann on Tuesday March 26 was read out to the court. “Hi Bruce, I’m phoning a friend,” Ms Higgins wrote.
“Need some help with the task Drew sent me. I’m hoping to utilise your parliamentary network to get portfolio stats from whichever offices you can.
“Essentially we are wanting to get a state/territory one-page breakdown of achievements to generate some TPs (talking points) from each portfolio to put into our campaign prep pack. Would you mind maybe helping out by chance?”
Mr Lehrmann said at the time the email was sent there had been no indication of difficulties between him and Ms Higgins.
He denied he had called Ms Higgins “good looking” the first time they met at “kick-ons” at a pub following the swearing-in ceremony of Senator Reynolds
Dr Collins put to Mr Lehrmann that he told two other staffers at the event that he found Ms Higgins attractive.
“You said to Ms (Nikki) Hamer in the presence of Mr (Jesse) Wotton ‘message her’,” Dr Collins said. “That is, message her and see if she’s free to come to the pub.”
Mr Lehrmann replied: “I don’t recall that happening.”
He also denied attempting to kiss Ms Higgins at a work dinner on March 15, 2019 – days before the alleged rape.
“As you were saying goodbye to Ms Higgins, you leant into her and tried to kiss her on the lips,” Dr Collins said.
Mr Lehrmann replied: “Absolutely not.”
Dr Collins: “And Ms Higgins rebuffed you by waving you away and saying no.”
Mr Lehrmann: “I don’t recall.”
He told the court The Project’s attempts to contact him ahead of Wilkinson’s interview with Ms Higgins going to air were “weak”.
Ten will try to prove that The Project’s producers made ample efforts to get in contact with Mr Lehrmann ahead of the broadcast, and gave him an appropriate amount of time to respond to questions.
Mr Lehrmann on Thursday said he did not see an email from producer Angus Llewelyn requesting his comment on Ms Higgins’ allegations until a week after the interview aired. At that point, he had been admitted to a mental health facility in Sydney.
Wilkinson’s Logies speech, which caused the nearly four-month delay of Mr Lehrmann’s rape trial, was played in full for the court in which she praised Ms Higgins for her “unwavering courage”.
The trial continues.
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