‘Malicious’: ABC deliberately tried to prejudice my rape trial, says Bruce Lehrmann

Bruce Lehrmann alleges the ABC acted with ‘constituted malice’ when it broadcast an address by Brittany Higgins and Grace Tame, according to documents filed in the Federal Court.

Grace Tame (R) and Brittany Higgins prepare to address the media at the National Press Club on February 09, 2022 in Canberra, Australia. Picture: Getty

The ABC deliberately tried to prejudice Bruce Lehrmann’s rape trial when it broadcast an address by Brittany Higgins and Grace Tame at the National Press Club knowing he had been publicly named and charged, according to documents just filed in the Federal Court.

Mr Lehrmann first filed his claim against the ABC in April but now claims it broadcast the Press Club event with “an improper motive”, namely to prejudice upcoming criminal proceedings against him, and that the broadcaster’s recklessness was so extreme that it amounted to “wilful blindness and constituted malice”.

On 9 February 2022, the ABC broadcast the National Press Club speech after the club promoted the sale of tickets to the event referring to Ms Higgins’ decision to “publicly allege she was raped by a colleague inside Parliament House”.

Although the speech did not name him, Mr Lehrmann was identifiable from what was said, having been named in multiple media reports after being charged with sexual intercourse without consent in August 2021, according to his lawyers.

National Press Club President, Laura Tingle poses with Brittany Higgins and Grace Tame at the National Press Club. Picture: Getty

“In her introduction to the NPC address ABC chief political correspondent Laura Tingle referred to ‘shocking allegations of assault’ and stated that ‘I don’t feel I really have to introduce Brittany Higgins and Grace Tame such has been their impact on the national stage.’”

Ms Higgins began her address with the words “I was raped on a couch in what I thought was the safest and most secure building in Australia.

“The parliament of Australia is safe – it is secure – except if you’re a woman. If what happened to me can happen there, it can happen anywhere. And it does. It happens to women everywhere.”

By broadcasting the event live, so that any defamatory statements could not be “bleeped” the broadcaster was “recklessly indifferent, negligent and wilfully blind to the likelihood” that Ms Higgins would make statements that were defamatory. and prejudicial to Mr Lehrmann’s upcoming trial, the new filing states.

Mr Lehrmann’s lawyers say “it was not only reasonably foreseeable, and high risk, but quite inevitable that Ms Higgins would, during the NPC address, repeat her allegation that she was sexually assaulted by an unnamed work colleague in Parliament House. “Ms Tingle certainly expected this would occur, as would have any rational observer.”

The ABC made no attempt to check the truth of the allegation they knew would be published, including by contacting Mr Lehrmann and seeking his response, his lawyers say.

“Even if a potential juror already had some awareness of the allegations made by Ms Higgins, their repetition in such a national forum, juxtaposed with the words of Ms Tame during the NPC address (whose assailant had actually been convicted in a Court), could only amount to an overwhelming message that Ms Higgins’ allegations were true and that she had been assaulted,” Mr Lehrmann’s lawyers say.

“Indeed the whole point of the NPC address was that Ms Higgins was telling the truth and that cultural and other change ought to follow.”

Mr Lehrmann has dropped legal action against News Corp over articles written on new.com.au but is pressing ahead with a defamation against Network Ten over allegations made on The Project during an interview by Ms Higgins with Lisa Wilkinson.

On Sunday the former Liberal staffer said he has not ruled out suing Ms Higgins personally for defamation.

Mr Lehrmann has always denied all charges.