Network Ten to reopen Bruce Lehrmann defamation trial days before decision

Network Ten is seeking to reopen Bruce Lehrmann’s defamation trial, two days before the judge is due to hand down his decision.

In a bombshell twist in the Bruce Lehrmann defamation trial, Network Ten is seeking to call new evidence, just days before the judge is due to deliver his decision.

Federal Court Justice Michael Lee was to hand down his decision in Mr Lehrmann’s case against Ten and presenter Lisa Wilkinson on Thursday.

On Sunday, the federal court revealed Justice Lee would hear “an urgent interlocutory application by Network Ten to reopen its case” on Tuesday at 5pm.

Bruce Lehrmann has accused Network Ten and Lisa Wilkinson of defaming him. Picture: NCA NewsWire / Damian Shaw

Justice Lee had adjourned the case in December, after five-week trial which included an extensive appearance by Brittany Higgins, who accused Mr Lehrmann of raping her inside their then-boss Linda Reynolds’ Parliament House office.

Justice Lee was to rule whether Mr Lehrmann was defamed by Wilkinson and Ten when The Project broadcast an interview with Ms Higgins in 2021 during which the former staffer made the allegations.

Lisa Wilkinson and Network Ten have relied on the truth defence. Picture: NCA NewsWire / Simon Bullard.

While he was not named in the report or Ms Higgins’ speech, Mr Lehrmann claims he was still identified by the media companies and that there were four defamatory meanings in their publication implying he raped Ms Higgins at Parliament House in March 2019.

He vehemently denies the allegations, and Ms Higgins’ rape trial was aborted with no findings made against him.

Justice Lee said he would begin writing his judgment the day after the trial ended, and had to consider more than 15,000 pages of transcript and 1000 separate exhibits including extensive CCTV footage and audio and video recordings.

In the application filed to the Federal Court on Sunday, Network Ten’s lawyer Marlia Saunders sought “One, leave to re-open the First Respondent’s case for the purpose of adducing fresh evidence be granted. Two, Such further and other orders as the Court deems fit or thinks necessary”.

Picture: NCA NewsWire / Monique Harmer

The nature of the fresh evidence has not been confirmed, but the application comes after a series of reports surrounding the Seven Network’s exclusive interview with Mr Lehrmann for its Spotlight program.

News.com.au broke the story on March 21 that “two Thai masseuses were booked - one for Mr Lehrmann and another for a Seven employee” in the early hours of November 26, 2022.

It prompted Mr Lehrmann to issue a statement, describing the allegation as “an untrue and bizarre story from a disgruntled ex-Network Seven producer”.

A former producer on Spotlight, Taylor Auerbach, threatened to sue Mr Lehrmann over the statement - sending a concerns notice, the first step in initiating defamation proceedings, on Wednesday.

In the notice, Mr Auerbach’s solicitor said Mr Lehrmann’s statement had conveyed a defamatory imputation that “Taylor Auerbach lied to the press about Bruce Lehrmann being bought a massage by a Seven Network employee”.