Bruce Lehrmann’s sights on potential targets for defamation action
Mark O’Brien joins Bruce Lehrmann’s team in possible defamation actions against media outlets and personalities, including Lisa Wilkinson.
One of Australia’s top media lawyers has joined Bruce Lehrmann’s legal team in a series of possible defamation actions against media outlets and personalities, including TV presenter Lisa Wilkinson over the Channel 10 interview in which Brittany Higgins first accused “a male colleague” of rape.
Sydney defamation specialist Mark O’Brien is working with Mr Lehrmann in the wake of last week’s decision by ACT Director of Public Prosecutions Shane Drumgold to abandon the case against Mr Lehrmann, citing concerns for Ms Higgins’ mental health.
The potential legal action comes as a letter to the trial judge from Channel 10 boss Beverley McGarvey, obtained by The Australian, reveals Ms Wilkinson disputed claims by Mr Drumgold that he had warned her that her planned Logies speech could cause a substantial delay in the trial.
Mr Lehrmann, now living in Tasmania, is understood to be giving “strong consideration” to filing lawsuits against several media companies, Twitter identities, and Mr Drumgold. Those in the firing line include Ms Wilkinson personally; the producers of The Project, Roving Enterprises, owned by comedian Rove McManus; and Network Ten and its parent company Paramount.
Mr Lehrmann’s name was not used in the Logie-winning interview and he was not publicly identified until six months later when he was formally charged with sexual assault, but he is expected to argue that his identity became widely known as a result of the interview.
The ABC is likely to be sued by Mr Lehrmann over comments during the National Press Club appearance in February by Ms Higgins and Grace Tame, as well as the content of various news and current affairs programs.
Several newspapers, including The Australian, may also be issued with concerns notices.
Other possible targets include “eminent individuals” who tweeted or shared the emotional speech Ms Higgins made outside the ACT Supreme Court in October after Chief Justice Lucy McCallum aborted the trial over juror misconduct.
Media outlets who ran the speech in full or those parts of it that went to the truth of Ms Higgins’ allegations are in the frame.
Mr Lehrmann is also considering action against Mr Drumgold over his press conference last Friday, in which he withdrew the charges against Mr Lehrmann, but reiterated his belief that there were “reasonable prospects” for a conviction.
Mr Lehrmann is understood to be separately considering lodging a formal professional complaint against Mr Drumgold over those remarks, which have drawn criticism from senior legal figures for “simultaneously withdrawing a criminal prosecution in the court and then trying to continue it in the media”.
Mr Lehrmann has always maintained his innocence and was never convicted of any crime.
Ms Higgins, 27, is expected to launch a personal injury claim against the commonwealth and former bosses MP Linda Reynolds and Senator Michaelia Cash.
Mr Lehrmann’s trial was delayed by several months after Chief Justice McCallum ruled that Ms Wilkinson’s Logie acceptance speech was highly prejudicial to the case.
The court heard evidence from Mr Drumgold that he specifically warned Ms Wilkinson at a pre-trial conference that the defence could issue a stay application “in the event of publicity” around Ms Higgins’ allegations.
But in a letter to Justice McCallum obtained by The Australian, Network Ten chief content officer Beverley McGarvey disputes any such warning was given. “Neither Ms Wilkinson nor the Network Ten Senior Legal Counsel present at the conference with the DPP on 15 June 2022 understood they had been cautioned that Ms Wilkinson giving an acceptance speech at the Logie Awards could result in an application being made to the court to vacate the trial date,” Ms McGarvey said.
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