Lisa Wilkinson warned over Brittany Higgins speech at Logies
Lisa Wilkinson was warned four days before the Logies she could set back the trial of the man accused of raping Brittany Higgins by speaking at the TV awards night.
Lisa Wilkinson was warned four days before the Logies she could set back the trial of the man accused of raping former Liberal staffer Brittany Higgins by speaking at the TV awards night and generating extra publicity over the case, the ACT Supreme Court has heard.
The court delayed the matter indefinitely on Tuesday, with Supreme Court Chief Justice Lucy McCallum saying Wilkinson had not heeded the advice and “openly referred to and praised the complainant in the present trial” in her acceptance speech.
Justice McCallum warned the significant publicity had now “obliterated” the distinction between an allegation and a finding of guilt. The ACT Chief Justice also said that she made the judgment to delay the trial “regrettably and with gritted teeth”, noting the “corrosive effect” a delay would have on the course of justice.
“Unsurprisingly, the award and the content of the speech have been the subject of further commentary,” she said. “The recent publicity does in my view change the landscape because of its immediacy, its intensity and its capacity to obliterate the important distinctions between an allegation that remains untested at law, and one that has been accepted by a jury giving a true verdict according to the evidence.
“The public at large is given to believe guilt is established. The importance of the rule of law has been set at nil.”
Earlier in the day, Justice McCallum said she had made a mistake in not prohibiting publication around the case. “I trusted the press … you were right and I was wrong,” she told the court.
“What concerns me most about this recent round is that the distinction between an allegation and a finding of guilt has been completely obliterated in the discussion on Sunday and Monday.
“The implicit premise of (Wilkinson’s speech) is to celebrate the truthfulness of the story she exposed.”
Wilkinson was recognised on Sunday for her interview on The Project with Ms Higgins in February last year in which the former staffer detailed her alleged rape by a colleague in the office of then defence industry minister Linda Reynolds on the night of March 22, 2019. The claims ignited a national debate over women’s justice and working culture at Parliament House.
But lawyers for the accused, Bruce Lehrmann, argued on Tuesday the case was prejudiced by Wilkinson’s remarks, which, they said, endorsed the credibility of Ms Higgins’ allegations and clearly represented a “contempt of court”.
After making her acceptance speech, Wilkinson spoke again in the Logies media room where she displayed an awareness of the sensitivities around the trial and reflected on the importance of choosing her words carefully.
“I have got to say I have to be very careful about what I am saying and every journalist in the room will know the reason why,” she said. “What I know is Brittany’s courage encouraged more than one hundred thousand good women and men to take to the streets and say that they had had enough. And that is a pretty powerful woman.”
Mr Lehrmann has pleaded not guilty to the charge of sexual intercourse without consent and his legal team last year said the ex-Liberal staffer “absolutely and unequivocally denies that any form of sexual activity took place”.
Mr Lehrmann’s barrister, Steve Whybrow, said Wilkinson’s acceptance speech generated more than 800,000 online searches on Monday as well as a strong reaction on Twitter and Instagram. He argued the speech did not need to have been given.
The ACT Supreme Court heard on Tuesday that Wilkinson was warned last Wednesday by ACT Director of Public Prosecutions Shane Drumgold that the defence could issue a stay application “in the event of publicity” around Ms Higgins’ allegations.
According to a note of the discussion provided by Mr Drumgold and read aloud to the court by Justice McCallum, Wilkinson said she did not think she would win because the event was being managed by a rival network, but “prepared a speech in case”.
“Lisa read the first line and (was) stopped by the director, who said we are not speech editors,” the note said. “We have no power to approve or prohibit any public comment. That is the role of the court. (We) can advise, however, that defence can reinstitute a stay application in the event of publicity.”
Justice McCallum told the court that “notwithstanding that clear and appropriate warning upon receiving the award, Ms Wilkinson gave a speech in which she openly referred to and praised the complainant …”.
Justice McCallum, who previously specialised in defamation law and became a Defamation List judge in 2014, said she could not give a new trial date, but hoped the case could still be heard “this year”. The trial was to begin on June 27. Another hearing will be held on Thursday, when a new date is expected to be set.
Network 10 issued a statement on Tuesday, saying it stood by and fully supported Wilkinson and had acknowledged the ruling.
“Both Network 10 and Lisa Wilkinson take their legal obligations very seriously, including in the preparation and delivery of her speech given at the Logies event,” a spokeswoman said. “In light of the continuing proceedings, it would be inappropriate to comment further at this time.”
Tuesday’s stay application was the second made by the defence this year.
Justice McCallum asked if Mr Drumgold wanted to seek injunctions to prevent Ms Higgins, Wilkinson and radio hosts Amanda Keller and Brendan Jones on Sydney’s WSFM making further comments. Keller and Jones had covered Wilkinson’s speech on their popular Jonesy and Amanda program on Monday morning, with Justice McCallum reading out a transcript of their on-air discussion.
ABC reporter Louise Milligan, who attended the TV awards night on Sunday, took a photo with Wilkinson and posted it to social media, passing on her congratulations to both the TV presenter and Ms Higgins.
“Congratulations to this lady @Lisa_Wilkinson. And to @BrittHiggins_,” she said.
In response, Wilkinson praised the “Inside the Canberra Bubble” Four Corners report by Milligan that aired in October 2020 as a “crucial stepping stone in helping Brittany find her voice.” The Four Corners report questioned the conduct of senior Liberal politicians including former attorney-general Christian Porter and former education minister Alan Tudge.
Additional reporting: Newswire
Man charged with poisoning woman’s tea with intent to murder
A Sydney semi-retired businessman, charged with attempting to murder his wife by poisoning her tea with insecticide, has appeared in court for the first time.
PM’s claim of US unity ticket on Israel undermined by ceasefire call
Senior US officials have committed only to a ceasefire in Gaza while endorsing IDF operations targeting Hezbollah in Lebanon, which is at odds with Labor’s controversial condolence motion.