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. This decision follows his unsuccessful defamation action against Network 10 and journalist Lisa Wilkinson, which originated from a high-profile interview with Higgins on The Project in 2021.
The former Liberal staffer, who continues to assert his innocence, sought to challenge Justice Michael Lee’s original judgment on four grounds, including claims of being denied procedural fairness. However, the full court dismissed the appeal, concluding that Justice Lee had not erred in the ways alleged by Lehrmann.
“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 Court’s Findings and Financial Implications
The appeal judges went further than the original ruling regarding Lehrmann’s awareness of Higgins’s lack of consent. During the 2024 defamation trial, Justice Lee described Lehrmann’s actions as “non-advertent recklessness.” However, the appeal judges accepted arguments from Network 10 and Wilkinson that Lehrmann had “actual knowledge” of the lack of consent.
“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 elaborated in their 36-page written judgment.
Lehrmann has been ordered to cover the legal costs incurred by Network 10 and Wilkinson for the appeal, adding to the $2 million he already owes from the initial defamation case. Payment of these costs has been on hold pending the appeal’s outcome.
Reactions and Next Steps
Lehrmann did not attend the Federal Court in Sydney for the judgment. His solicitor, Zali Burrows, expressed that her client was “really overwhelmed by the decision” and indicated that Lehrmann is considering taking the matter to the High Court.
“It’s not the end of it in respect of his pursuit for justice,” Burrows stated. She also mentioned the possibility of supporters assisting Lehrmann with his legal costs.
Responses from the Other Side
Lisa Wilkinson’s barrister, Sue Chrysanthou, conveyed her client’s relief at the case’s conclusion before the holiday season. “She is utterly delighted by the outcome,” Chrysanthou remarked, emphasizing the court’s acceptance of Wilkinson’s contentions regarding the nature of the assault.
A spokesperson for Network 10 also celebrated the court’s decision, describing it as a “triumph for truth” and a vindication for Brittany Higgins, who has become a symbol for many 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 stated.
Historical Context and Broader Implications
The case has drawn significant public attention, highlighting issues of consent and workplace culture within Australian politics. Higgins’s allegations were initially brought to light in 2021, sparking a national conversation about sexual misconduct and the treatment of women in professional environments.
Lehrmann’s criminal trial in 2022 was abandoned due to juror misconduct, leaving no criminal findings against him. The ongoing legal battles have kept the case in the public eye, with potential implications for future legal standards regarding consent and defamation.
As Lehrmann considers his next legal steps, the case continues to resonate, underscoring the complexities of legal proceedings in high-profile cases and the enduring impact on those involved.
