Bruce Lehrmann’s lawyer a no-show in defamation case

A judge has questioned why Bruce Lehrmann’s lawyer will not give evidence in his defamation case against media outlets over Brittany Higgins’ rape allegations.

Bruce Lehrmann. Picture: NCA NewsWire / Gary Ramage

A judge has questioned why Bruce Lehrmann’s lawyer will not give evidence in his defamation case against media outlets as previously foreshadowed, suggesting he could draw an inference that the lawyer’s evidence would not assist Mr Lehrmann.

Last week Mr Lehrmann told the Federal Court that he had sat with his lawyer, Warwick Korn, watching Brittany Higgins air her rape allegations on Ten’s The Project.

He denied that 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 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 only sent the message to placate her.

Mr Lehrmann’s counsel last week said Mr Korn would give evidence about the conversations, but at a hearing on Thursday the court heard the lawyer would not take the stand.

Justice Michael Lee asked Mr Lehrmann’s current barrister Matthew Richardson SC if agreed it was possible to infer that the lawyer’s testimony “would not assist” his case.

“In circumstances where senior counsel made it clear he was going to call Mr Korn, and he’s not called – do you accept in those circumstances it would be appropriate to draw an inference that his evidence would not have assisted?” Justice Lee asked.

“Yes, but I want to make some submissions about where that goes, but I would accept that”, Mr Richardson replied.

Mr Richardson argued that it was “simply not plausible that any criminal lawyer, competent or otherwise – and I have no reason to believe Mr Korn is anything other than competent – would have said it was impossible that he would be charged.”

“Of course he was trying to say to his girlfriend and friends that it would be okay, that he wasn’t going to jail, that he wouldn’t be prosecuted – so what?”

Lawyers for the Ten Network and News Corp are fighting to strike out the lawsuit because Mr Lehrmann failed to launch proceedings within the required 12-month time limit. They say the texts contradict one of the reasons he has given for the delay in bringing the action – that he was advised by Mr Korn against pursuing defamation proceedings.

Matt Collins, for the Ten Network, said it was unbelievable that the entire basis of the legal advice on which Mr Lehrmann said he acted “turns upon oral statements made in the solicitor’s office over the course of a meeting that lasts more than six hours in which, on his evidence, not a single note is taken by the lawyer while they sit around drinking scotch.

“He says – ‘don’t worry about defamation until later’ – and Mr Lehrmann just accepts that hypothesis and does nothing further about it for a year. That is not objectively reasonable.”

Mr Lehrmann, who has consistently denied raping Ms Higgins, launched defamation proceedings against Ten and News Life Media Pty Ltd – an arm of News Corp Australia – in the Federal Court a month ago.

Ms Wilkinson, former co-host of The Project, and Samantha Maiden, political editor for news.com.au, are second respondents in the proceedings.

The hearing continues.