Bruce Lehrmann has lost his appeal in a defamation case, failing to overturn a civil finding that he raped Brittany Higgins at Parliament House in 2019. The appeal was part of an unsuccessful defamation action against Network 10 and journalist Lisa Wilkinson, following an explosive interview with Higgins on The Project in 2021.
The former Liberal staffer, who maintains his innocence, sought to overturn Justice Michael Lee’s original judgment on four grounds, including claims of being denied procedural fairness. However, the full court dismissed the appeal, ruling that Justice Lee had not erred in any of the alleged ways.
“The only reasonable inference to be drawn by the facts known and observable to Mr Lehrmann at the time that he had sexual intercourse with Ms Higgins is that he did turn his mind to whether Ms Higgins consented to sex, was aware that she was not consenting, but proceeded nonetheless,” Justice Michael Wigney stated in his summary of the judgment.
Appeal Judges Strengthen Original Findings
The appeal judges went further than the primary judge regarding Mr Lehrmann’s knowledge of Ms Higgins’s lack of consent. During the 2024 defamation trial, Justice Lee found Mr Lehrmann’s conduct amounted to “non-advertent recklessness.” However, the appeal judges accepted a contention from Network 10 and Wilkinson that the primary judge should have found Lehrmann had “actual knowledge” that Higgins did not consent to sex.
“The circumstances then presented to Mr Lehrmann, as found by the primary judge, screamed loudly to anyone with normal faculties that the very drunk, passive and silent woman, prone to drowsiness and with significant impact on her cognitive abilities, who was his junior colleague at work and who was not in any kind of personal relationship with Mr Lehrmann, had not consented to sexual intercourse,” the appeal judges noted in their 36-page written judgment.
Mr Lehrmann faced a criminal rape trial in 2022 in the ACT Supreme Court, but it was abandoned due to juror misconduct, leaving no findings against him.
Legal and Financial Implications
Mr Lehrmann has been ordered to pay the costs incurred by Network 10 and Ms Wilkinson for the appeal. He already owes Network 10 $2 million in costs from the failed defamation case, though payment has been on hold during the appeal process.
Outside the court, Lehrmann’s solicitor, Zali Burrows, expressed that her client was “really overwhelmed by the decision” and hinted at a potential High Court challenge. “It’s not the end of it in respect of his pursuit for justice,” Burrows stated, adding that they would seek advice on further legal options.
When questioned about Lehrmann’s ability to pay existing and future legal costs, Burrows expressed hope for support from sympathizers.
Responses from the Involved Parties
Lisa Wilkinson’s barrister, Sue Chrysanthou, conveyed her client’s relief that the case was “done and dusted before Christmas.” Chrysanthou noted, “She is utterly delighted by the outcome,” emphasizing the court’s acceptance of Wilkinson’s contentions regarding the nature of the assault.
A Network 10 spokesperson also celebrated the court’s findings, describing the judgment as a “triumph for truth” and a vindication for Brittany Higgins, who gave a voice to women across the nation.
“The judgment remains a triumph for truth and reiterates that Network 10 prevailed in proving that Brittany Higgins’s allegations of rape were true,” the spokesperson said.
Looking Forward
The dismissal of Lehrmann’s appeal marks a significant moment in a case that has captivated public attention and sparked widespread discussions on consent and justice within Australia. As Lehrmann considers a potential High Court challenge, the case continues to highlight the complexities and challenges of navigating high-profile legal battles.
With the legal proceedings continuing to unfold, the implications for all parties involved remain significant. The case underscores the ongoing societal dialogue about sexual assault, consent, and the legal system’s role in addressing these sensitive issues.
