Lehrmann escalates ‘compromised’ rape finding fight
Bruce Lehrmann made a last-ditch effort to clear his name from findings that he sexually assaulted a drunken Brittany Higgins in the Houses of Parliament.
The disgraced former Liberal staffer has taken his case to the Supreme Court in his third bid to win a Federal Court libel case brought over a Network Ten report into his rape allegation.
In April 2024, Judge Michael Lee dismissed the civil lawsuit, calling it “overwhelming.”
The judge’s findings that, on the balance of probabilities, Lehrmann raped Ms Higgins were upheld on appeal by the Full Federal Court in December.
The allegations were made public during an explosive interview on The Project in February 2021.
Lehrmann took the case to the Supreme Court.
The application, prepared by 30-year-old attorneys Gabriella Rubagotti and Bryanna Workman, stated that Judge Lee compromised his findings by “conducting his own research” by obtaining extra-legal material.
“Here the chief justice’s impartiality is compromised and due process has fundamentally failed,” they wrote.
Lawyers argued the judge acted under subconscious influence and incorrectly found that Ms Higgins had not consented to sexual intercourse or that a “careless” Lehrmann was aware that she might not have consented.
Materials alleged to have influenced the judge’s decision included research on whether victims may remain passive or inactive during sexual assault, as well as an article on rape myths.
Lehrmann’s Supreme Court appeal targets the judge’s decision to uphold Ten and journalist Lisa Wilkinson’s justification defense that rape statements made during the interview were substantially true.
He wants the Supreme Court to set aside the decisions of Judge Lee and the Full Court so that he can be awarded some compensation.
The former Liberal staffer will need to defend his special leave case before the court decides to hold a full hearing.
His lawyers urged the court to allow the case, saying it was a matter of public importance.
A criminal trial against Lehrmann in the ACT was derailed by juror misconduct.
He was denied another hearing and there were no findings against him in criminal court.
If Lehrmann loses his Supreme Court bid, he could be forced into bankruptcy due to court orders, which would leave Ten with $2 million in legal bills.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Resolution Support Service 1800 211 028
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