Explosive new allegations in Lehrmann case hours before hearing
In another shock development in Ten Network’s bid to reopen the Bruce Lehrmann defamation case, new claims have been filed by former Seven producer Taylor Auerbach.
In another shock development in the Ten Network’s bid to re-open the Bruce Lehrmann defamation case, the network on Tuesday afternoon filed a new affidavit from disgruntled former Seven Network producer Taylor Auerbach about conversations he allegedly had with Seven executives.
The affidavit comes just hours before Justice Michael Lee is to hear Ten’s application to re-open the case on the basis of allegations by Auerbach about how the Seven Network’s Spotlight program came into possession of material it used in its interview with Lehrmann.
The new affidavit is believed to consist of further recollections by Auerbach of conversations he had with Lehrmann and Spotlight executive producer Mark Llewellyn.
It is also understood to detail allegations that Lehrmann used a photocopier at the Seven Network to copy documents.
It is not clear why Auerbach did not include the claims in two previous affidavits, one filed on Saturday and one on Sunday.
Including exhibits and attachments, the documents now run to some 2000 pages.
Justice Lee will hear Ten’s application at 5pm on Tuesday, less than two full days before he is due to deliver his judgment in the defamation case brought by Lehrmann against the network and presenter Lisa Wilkinson.
Mr Lehrmann is expected to argue that the case should not be reopened at the eleventh hour and that the affidavits should not be admitted as evidence.
It is unclear whether Seven will seek leave to be represented at the hearing.
Lehrmann has long denied he was the source of material run on the program, including recordings of a five-hour pre-interview meeting between Lisa Wilkinson, her producer Angus Llewellyn, Brittany Higgins and her partner, David Sharaz.
The recording was highly embarrassing for Ten and Wilkinson, with the TV presenter heard describing former defence minister Linda Reynolds as “a nobody” and an “idiot”, as the group workshopped which “friendly” Labor politicians would push the story and put the Morrison government under pressure.
The material was obtained under subpoena during the Lehrmann’s criminal trial but used on the program, potentially in breach of the so-called Harman undertaking, which forbids use of information or exhibits obtained during court proceedings for any other purpose.
It is believed that affidavits provided to Ten by Auerbach, who left the Spotlight program last year, make untested claims that the source of the information was Mr Lehrmann.
Auerbach was the producer assigned to obtain the exclusive interview for the Spotlight program in 2022, with documents in Mr Lehrmann’s defamation case later revealing Seven had agreed to pay his accommodation costs for a year.
On November 28 last year, Lehrmann was asked in cross examination by Wilkinson’s barrister, Sue Chrysanthou SC, about his contract with Seven, which required him to “give all information, documents, film, video, photographs, items and assistance reasonably requested by Seven”.
“And did you do so?” Chrysanthou asked.
“No, I just gave an interview,” Lehrmann replied.
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