Key events
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Summary
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Full judgment released
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Decision an ‘unmitigated disaster for Bruce Lehrmann’, Channel Ten lawyer says
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Network Ten: ‘This judgment is a triumph for truth’
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Lisa Wilkinson: ‘I sincerely hope this judgment gives strength to women around the country’
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Bruce Lehrmann leaves the court
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Justice Lee: ‘Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat’
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Justice Lee: ‘Mr Lehrmann raped Ms Higgins’ on balance of probabilities
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Lee satisfied Higgins did not consent to sex with Lehrmann
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Sexual intercourse took place between Higgins and Lehrmann, Lee says
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‘Subtle tension’ between Higgins’ varying account of alleged rape, judge says
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Lehrmann’s account an ‘elaborate fancy’, Lee says
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‘Brittany hooked up with Bruce’ at nightclub 88mph, judge finds
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Ten’s attempts to contact Lehrmann were inadequate, judge says
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Wilkinson had ‘lack of candour’ in witness box
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Higgins a ‘complex and in some respects an unsatisfactory witness’
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Higgins’ evidence over photograph of bruise on leg was ‘vexing’ and ‘odd’
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Lehrmann’s untruths ‘all over the shop’
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Lehrmann was identified by The Project, judge finds
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Justice Lee: ‘Only one man and one woman know the truth, with certitude, of what happened’
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Lehrmann and Wilkinson enter the courtroom
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What the judge will consider in his defamation trial judgment
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How the Bruce Lehrmann defamation case unfolded
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Good morning
Summary
Thanks for joining us for the Bruce Lehrmann defamation trial verdict. This blog has now closed – you can read all about today’s decision here:
We have video of Lisa Wilkinson speaking outside the federal court in Sydney after Justice Lee handed down his judgment.
Full judgment released
The full judgment has been uploaded to the federal court website. You can read it here.
Outcome shows truth defence works ‘so long as media is painstaking in their research’, media expert says
Today’s outcome was a good day for freedom of press in Australia and shows the truth defence does work, says media expert Denis Muller.
Muller said the case, like Ben Roberts-Smith’s defamation loss last year, showed the truth defence works, so “long as the media is painstaking in their research and careful in the way they go about representing the material”.
He said:
My main takeaway is that the truth defence does tend to work when matters are being decided on the balance of probabilities rather than the strict criterion of beyond reasonable doubt.
We saw this perhaps more vividly in BRS case, but the BRS case turned on a lot of eternal witnesses and documents, whereas this one turned on the judge’s assessment of the credibility of the two primary figures in the case, Mr Lehrmann and Ms Higgins.
Muller said a jury might have decided the case differently from the judge due to popular rape myths that might have been put forward in a criminal trial.
We know a lot about the popular myths about how a rape victim ought to respond, and [Justice Lee] set them aside, would a jury have set them aside? I think that’s an open question.
I would not be regarding this as a blank cheque for the media to go after stories like this, they are fraught with danger legally and ethically.
Greens spokesperson ‘horrified’ at defamation case damage on victim-survivors
The Greens spokesperson on women, Larissa Waters, says “we must believe women” after the judge’s findings today.
She said:
To change the unacceptable rates of sexual violence and end Australia’s culture of sexual violence, harassment and abuse, we need to support victims to come forward, and dismantle the power imbalances and gender stereotypes that deter them from doing so.
We must continue to work for gender equality so that all women can be safe. And we must believe women.
Waters said her heart goes out to victim-survivors who’ve had to relive their trauma:
I am horrified at the damage this defamation case, initiated by a man called a rapist by the judge, has had for victim-survivors everywhere.
I believe women.
Decision an ‘unmitigated disaster for Bruce Lehrmann’, Channel Ten lawyer says
One of Channel Ten’s lawyers, Justin Quill, has fronted the media, saying the decision is an “unmitigated disaster for Bruce Lehrmann”.
“Bruce Lehrmann is a rapist.”
Quill said he accepts the judgment, but that doesn’t mean he agrees “with everything”.
He said the implication that Lisa Wilkinson’s Logies speech could have impacted the perspective of jurors, in his opinion, did not “pass the muster”.
“In the end Channel Ten turned up here and defended at great cost this case and Lisa’s journalism, and defended The Project’s journalism.
“His honour found that Channel Ten deserved to be vindicated.”
Network Ten: ‘This judgment is a triumph for truth’
Network Ten has issued a statement in response to the ruling hailing it as vindication for Brittany Higgins.
At its core this case was first and foremost about truth and Justice Lee has found that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true.
This judgment is a triumph for truth.
Justice Lee’s judgment is vindication for the courageous Brittany Higgins who gave a voice to women across the nation.
Network 10 is considering Justice Lee’s 324-page judgment. It is clear however that Australia’s defamation laws remain highly restrictive.
When put to the test, it was always our obligation to inform the public of these important social and political matters notwithstanding the challenges presented by these laws and today’s judgment vindicates the telling of Brittany’s story.
Network 10 remains firmly committed to honest, fair and independent journalism; to holding those in power to account; to giving people a voice who wouldn’t otherwise have one; and to always pursuing without fear or favour, journalism that is firmly in the public interest.
Lisa Wilkinson: ‘I sincerely hope this judgment gives strength to women around the country’
Jordyn Beazley
Lisa Wilkinson has addressed the media outside the court.
Today the federal court has found that I published a true story about a rape in a federal minister’s office at Parliament House in March of 2019.
I sincerely hope this judgment gives strength to women around the country.
Wilkinson also thanked her legal team led by Sue Chrysanthou. She said her legal team’s “expertise and wise counsel has been a source of ongoing strength” over the duration of the defamation case.
Wilkinson also thanked her family, and “generous members of the public” for their support.
Throughout every step of this process I have been surrounded by the love of my wonderful family as well as incredibly supportive friends and colleagues. I can never thank them enough.
Lisa Wilkinson is addressing the press pack outside the federal court.
Bruce Lehrmann leaves the court
Our reporter Jordyn Beazley is at the court, where she’s just seen Bruce Lehrmann exit the building.
Bruce Lehrmann leaving court after losing the defamation case he brought against Channel Ten and Lisa Wilkinson, and being found to have raped Brittany Higgins on the balance of probabilities. @GuardianAus pic.twitter.com/6fatnf1sF9
— Jordyn Beazley (@jordynbeazley) April 15, 2024
After two-and-a-half hours, Justice Lee has finished reading extracts of his decision.
Justice Lee: ‘Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat’
Justice Lee has found that Ten’s defence of truth has been successful.
He has ordered that the parties file submissions on costs by 22 April.
He found that on the balance of probabilities Lehrmann raped Higgins on the minister’s couch in Parliament House in 2019.
Lee: “In summary, I consider it more likely than not in those early hours, after a long night of conviviality and drinking and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hellbent on having sex with a woman he found attractive” and knew was inebriated.
“Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat,” Lee said.
Justice Lee: ‘Mr Lehrmann raped Ms Higgins’ on balance of probabilities
Lee has found Higgins did not consent. He is now turning to Lehrmann’s state of mind.
Lehrmann was so indifferent to the rights of Higgins that he ignored the matter of consent.
Lehrmann was “hellbent” in pursuit of gratification of having sex with a woman he found sexually attractive.
“He did not care one way or the other whether Ms Higgins understood or agreed to what was going on.”
Lee has found that on the balance of probabilities Higgins was raped.
“Mr Lehrmann raped Ms Higgins.”