Bruce Lehrmann admits lying in texts to girlfriend

Speaking publicly for the first time, the former Liberal staffer has described his reaction when media outlets began reporting rape claims by Brittany Higgins.

Bruce Lehrmann leaves the Supreme Court in Sydney after testifying on Thursday. Picture: Flavio Brancaleone

Bruce Lehrmann has admitted he lied in texts sent to his then girlfriend on the night Brittany Higgins’ rape allegations aired on The Project, claiming he did so because she was distraught and was “putting on a brave face”.

Speaking publicly for the first time since allegations of rape were made against him, Mr Lehrmann told the Federal Court he fabricated legal advice that he was “up for millions” from a potential defamation payout in order to placate his girlfriend.

However, his evidence was challenged by lawyers from the media outlets he is suing, who say the text messages accurately reflected the advice he was being given, and that he was well aware he could sue for defamation at that point.

Lawyers for the Ten Network and News Corp are fighting to strike out the lawsuit because Mr Lehrmann failed to launch proceedings within the required 12-month time limit. They say the texts contradict one of the reasons he has given for the delay in bringing the action – that he was advised by his then lawyers against pursuing defamation proceedings.

Mr Lehrmann’s barrister, Steven Whybrow SC, who acted for him in his rape trial, also argues the time limit should be extended because Mr Lehrmann was delayed by the criminal proceedings against him and because of his fragile mental health.

Brittany Higgins in Canberra last year. Picture: Gary Ramage

Appearing in court on Thursday wearing a dark navy suit and red tie, Mr Lehrmann, who gave his occupation as “law student”, was questioned about the evening he sat with his lawyer, Warwick Korn, watching Lisa Wilkinson’s interview with Brittany Higgins on Ten’s The Project.

“I was outraged from what I was seeing. I wanted to commence defamation proceedings,” he testified. “The advice was to wait until we see what happens with the criminal matter.”

Mr Lehrmann sent a text message to his girlfriend, saying: “If I am named tonight, then he says I’m up for millions”. He agreed he was referring to his solicitor in the message but said he was simply placating his girlfriend, because she was upset and distraught.

“I was putting on a brave face to Ms (Greta) Sinclair,” he said. “I was not telling her the exact advice Mr Korn was giving me.”

Mr Lehrmann said the legal advice he had been seeking was in relation to the criminal proceedings.

In another text message to his girlfriend, Mr Lehrmann said: “Criminal, he says, is off the cards completely.”

Under cross-examination by Matt Collins for the Ten Network, Mr Lehrmann said he fabricated the conversation with Mr Korn to placate his then partner.

“She was incredibly stressed and traumatised about what she’s reading and Rome was burning – I was trying to put on a brave face.”

“So you made up a conversation with a lawyer?” Dr Collins asked.

“Yes.”

Lisa Wilkinson when she was a host of The Project on Ten Network.

Cross-examined by Sue Chrysanthou SC, for Lisa Wilkinson, Mr Lehrmann agreed he had immediately formed the view, on watching The Project, that he wanted to sue her client.

Ms Chrysanthou pointed to notes made by Mr Lehrmann in which he had written Ms Wilkinson’s name with dashes pointing to two other names: Jarratt and Rush.

Mr Lehrmann agreed one of the names referred to actor John Jarratt – who was accused of rape – but denied he had written the name because the actor had sued for defamation despite being charged.

“It’s clear that I’d written those notes and associated Ms Wilkinson to those matters at the time, not necessarily defamation matters – I can’t be sure, but it wouldn’t have been that, that wouldn’t have been what I put them there for,” he said.

Mr Lehrmann agreed the other name referred to actor Geoffrey Rush, who had sued the media in relation to alleged sexually-related offences.

“You knew he was a defamation plaintiff who had sued the media in relation to sexually-related offences, you understood they were criminal offences for which he’d been accused?” Ms Chrysanthou asked.

“Yes.”

“And sued a week after he was publicly accused?”

“No, I was not aware of that.”

“You were acutely aware, weren’t you as at March 2021, that you were in a position to sue for defamation?” Ms Chrysanthou asked.

“I reject that I was in a position to sue for defamation,” Mr Lehrmann replied. “The legal advice I had at the time was to not commence civil proceedings and I also did not have the financial capacity to do that.”

Mr Lehrmann said he became aware that journalist Rosie Lewis from The Australian was making inquiries about him.

Samantha Maiden, political editor for news.com.au

He was suspended from his job at British American Tobacco the day after the reports appeared.

He said he was “not in a good way, to put it mildly”, and presented himself to the Royal North Shore Hospital in Sydney.

He was kept there overnight but said he wasn’t aware that he was placed on 30-minute observation. He subsequently went to another mental health facility, Northside Clinic, for 12 days.

At that point the media was staking out his home.

News Corp and the Ten Network filed their defences in the Federal Court last week, each providing an identical 79-point account of the alleged facts leading up to, during and after the alleged rape in Parliament House in March 2019, which they claim are “substantially true”.

Mr Lehrmann, who has consistently denied raping Ms Higgins, launched defamation proceedings against Ten and News Life Media Pty Ltd – an arm of News Corp Australia – in the Federal Court a month ago.

Ms Wilkinson, former co-host of The Project, and Samantha Maiden, political editor for news.com.au, are second respondents in the proceedings.

Ms Wilkinson filed her own defence two weeks ago – after unexpectedly ditching Ten’s legal team – denying she was seeking to exploit allegations of sexual assault against Mr Lehrmann for personal and professional gain.

Both media outlets, Ms Wilkinson and Ms Maiden will rely on defences of truth and qualified privilege.

Justice Michael Lee will rule at a later date on whether to extend Mr Lehrmann’s deadline for bringing the case.