Bruce Lehrmann loses appeal in defamation case that found he raped Brittany Higgins | Australia news

Bruce Lehrmann lost his appeal against the verdict in his libel claim against Network Ten and journalist Lisa Wilkinson.

Judge Michael Wigney said the chief justice was not mistaken in finding that Higgins’ allegations that Lehrmann raped her in Parliament House were determined by civil standards and that the decision was unfair to Lehrmann.

“The full court found that the way the chief judge handled and decided the trial was not procedurally unfair to Mr Lehrmann,” Wigney said in his summary.

Wigney said the full court also accepted the testimony of Wilkinson and Network 10 lawyers that Lehrmann knew Higgins had not consented to sexual intercourse.

Judge Michael Lee found Lehrmann was reckless about that consent during the libel trial, but Wigney said: “The full court finds, based on the undisputed findings made by the chief judge, that the only reasonable inference to be drawn from the facts that Mr Lehrmann knew and was able to observe at the time of having sexual intercourse with Ms Higgins was that Mr Lehrmann had changed his mind as to whether Ms Higgins had consented to sex, whether he had been aware that she had not consented, but nevertheless continued.”

Wigney granted summary judgment on behalf of himself and the full court, consisting of justices Craig Colvin and Wendy Abraham.

Neither Lehrmann nor Wilkinson were present in Sydney federal court’s courtroom 19E but were represented by barristers Zali Burrows and Sue Chrysanthou SC. Matt Collins KC was in court on behalf of his client Ten.

Lehrmann was ordered to pay the costs.

Wigney rejected all four grounds of appeal: that it was procedurally unfair to Lehrmann; An ordinary person watching the project would think that she had committed a violent rape without her consent; Lee made a mistake in finding Network 10 and Wilkinson bore the burden of proof regarding the rape; and that he should be awarded more than $20,000 if he won.

“Mr Lehrmann was well and truly aware that the case against him included an allegation that he had been reckless with Ms Higgins’ consent,” Wigney said.

“The full court concluded that the ordinary and reasonable viewer of the broadcast would understand rape to mean sexual intercourse that involves sexual intercourse occurring without the victim’s consent, between another person and the perpetrator, knowing that the victim does not consent or being indifferent as to whether the victim consents.”

The former political staffer was seeking to overturn Lee’s 2024 ruling, which rejected his claim and found, on the balance of probabilities, that he raped Higgins in 2019.

The 30-year-old actress had sued Ten and Wilkinson for defamation over an interview Higgins gave on The Project in 2021.

But Lee found Higgins’ allegations that Lehrmann raped her in Parliament House two years ago met civilian standards.

Lehrmann challenged that finding, arguing that the judge at a two-day hearing in August erred in finding that Ten and Wilkinson had legally justified the rape charge.

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Appellate judges of the federal court’s full court were told that Lee’s factual findings from the case against Lehrmann differed, including that he committed a “non-violent” rape of Higgins.

“The chief judge found that the rape occurred in a specific manner that was not presented to Mr. Lehrmann in evidence, and was puzzled as to the nature of the rape,” said Lehrmann’s attorney, Zali Burrows.

But Ten’s lawyer, Matt Collins KC, argued the verdict depicted a violent rape and described the suggestion that Lehrmann might have given different evidence as “staggering”.

“Disgusting [defamatory] “This charge, not in any detail, amounts to sexual intercourse without consent,” Collins said at the appeal hearing.

Both sides disputed Lee’s definition of rape, with Burrows arguing that it was inconsistent with an ordinary person’s understanding.

Ten and Wilkinson urged the appellate judges to find that Lehrmann was not only reckless about Higgins’ consent, as Lee found, but that he knew she was not consenting.

The criminal trial over the rape allegations was annulled in 2022 due to juror misconduct. Lehrmann has always maintained his innocence.

“Judge Lee’s decision was resoundingly affirmed by the unanimous decision of the entire federal court,” a spokesperson for Network 10 said.

“The verdict remains a victory for the truth and reiterates that Network 10 prevailed in proving that Brittany Higgins’ rape allegations were true. It remains a testament to the vindication of the courageous Brittany Higgins, who gave a voice to women across the country,” the spokesperson said.

Lehrmann’s lawyer said outside court that his client maintained his innocence and would seek advice on appealing his loss for defamation to the high court.

Burrows told reporters Lehrmann was “overwhelmed” by the decision and worried about his mental health.

“He is a teenager accused of rape in the Houses of Parliament and he maintains his innocence,” he said.

“We respect what the court said, but everyone needs to feel that Bruce’s life has been ruined, even the shameless politicians and everyone else who exploited him for an agenda.

“I just want to say that I hope Bruce will be seen as an inspiration to those who say they have been wrongly accused because he will be seeking advice on special leave.” [to appeal to the high court] In search of justice.”