Bruce Lehrmann can sue media outlets over Brittany Higgins rape claims: judge
Bruce Lehrmann can pursue his defamation action against Ten Network and News Corp, meaning both organisations will now set out to prove the claim he raped Brittany Higgins.
Bruce Lehrmann can pursue his defamation action against two media outlets, a judge has ruled, meaning both organisations will now set out to prove their allegation that the former Liberal staffer raped Brittany Higgins.
Judge Michael Lee ruled in the Federal Court on Friday that Mr Lehrmann could proceed with his defamation action against the Ten Network and News Corp even though he failed to launch the action within the required 12-month time limit.
Mr Lehrmann gave evidence in March that he had not instituted proceedings when Ms Higgins first went public with her allegations on the Ten Network’s The Project and in news.com.au because his then-lawyer, Warwick Korn, had advised against it.
Justice Lee said it was not reasonable for Mr Lehrmann to have started action within the year.
“Mr Lehrmann’s actions reflected the fact that his real priority even before the prosecution was the criminal allegations and in recognising this priority he then engaged a specialist criminal lawyer,” he said.
“I do not consider it is reasonable to expect him to have acted contrary to the advice given to him at a time when his resources and energies were being directed to resolving criminal allegations.”
The advice to defer fighting on two fronts was unsurprising, Justice Lee said, noting that where a person is facing a criminal charge, and the impugned matter raises questions about the person’s guilt or innocence, the “ordinary” position is that it will not be reasonable to commence defamation proceedings.
Mr Lehrmann was in the unusual position of directing his energies and resources in acting on advice to maximise his chances of avoiding, and then defending, one of the highest profile and commented upon prosecutions in recent memory, the judge said.
Mr Lehrmann told the Federal Court in March that he had sat with his lawyer, Mr Korn, watching Ms Higgins air her rape allegations on The Project.
He denied Mr Korn had told him that evening that he was “up for millions” from a potential defamation payout, saying he had lied in texts he was sending his then-girlfriend because she was distraught and he was “putting on a brave face”.
Mr Lehrmann also said he was lying when he texted his girlfriend that Mr Korn had told him there was no possibility of criminal charges against him, and that he had sent the message only to placate her.
The media outlets said the texts contradicted one of the reasons Mr Lehrmann had given for the delay in bringing the action – that he was advised by Mr Korn against pursuing defamation proceedings.
Justice Lee ruled that this was a case where prosecution was always a possibility “notwithstanding Mr Lehrmann’s attempts to paint a contrary and rosier picture” to his friends.
He was satisfied that the SMS and instant messages were “an insecure foundation for ascertaining the substance of the advice given by Mr Korn to his client”.
Mr Lehrmann, who has consistently denied raping Ms Higgins, launched defamation proceedings against Ten and News Life Media – an arm of News Corp Australia – in the Federal Court.
News Corp and the Ten Network have filed defences that each contain an identical 79-point account of the alleged facts leading up to, during and after the alleged rape in Parliament House in March 2019, which they claim are “substantially true”.
Lisa Wilkinson, former co-host of The Project, and Samantha Maiden, political editor for news.com.au, are second respondents in the proceedings.
Both media outlets, and Wilkinson and Maiden, will rely on defences of truth and qualified privilege.
Ms Higgins has stated publicly that she is ready to be called as a witness in any civil action.
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