News Corp and Network Ten have announced that they will seek to prove allegations that former federal Liberal staffer Bruce Lehrmann raped Brittany Higgins in Parliament House as part of their defences against Lehrmann’s defamation claims against the news outlets.
The parties appeared in the Federal Court for the first time on Wednesday, and Justice Michael Lee effectively ruled out requiring Lehrmann to appear in court before any trial to be cross-examined about why he should be granted an extension to a one-year limitation period to bring his claims.
Lehrmann filed Federal Court defamation proceedings against Ten and News Corp last month over interviews with Higgins on news.com.au, and The Project published on February 15, 2021.
Lehrmann alleges the publications convey a series of defamatory meanings, including that he “raped Brittany Higgins in [then-]defence [industry] minister Linda Reynolds’ office in 2019”.
On Wednesday, the Federal Court released Ten and News Corp’s written defences to Lehrmann’s defamation claims.
The media outlets join veteran journalist Lisa Wilkinson, who has separate legal representation and filed her defence last week, in arguing the court should not extend the one-year limitation period.
Lehrmann’s barrister told the court on Wednesday that his client would argue it was not reasonable for him to file proceedings within the one year because of legal advice he received, pending or existing criminal proceedings, and health concerns, including mental health issues.
If the court finds Lehrmann was identified, Ten and News Corp admit that they conveyed the defamatory claims alleged by his lawyers, including the central claim of rape.
In support of their truth defences, Ten and News Corp set out a range of particulars, including alleging that Lehrmann was “sexually attracted to Higgins” and “attempted to kiss her after a staff dinner” in March 2019, days before the alleged sexual assault on March 22.
Should the case proceed to trial and the truth defence be considered, Ten, Wilkinson and News Corp will need to prove on the balance of probabilities that Lehrmann raped Higgins in Parliament House in 2019.
Unlike in a criminal trial, Lehrmann has no right to silence, and a judge may make adverse inferences if he fails to give evidence.
He is expected to be cross-examined by barristers for Ten, Wilkinson and News Corp. Higgins is expected to be subpoenaed to give evidence at the trial, should it proceed.
»Bruce Lehrmann rape allegation update«
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