Many people have lost in this five-year “omnishambles” that has divided politics, media and the community, and culminated in the Lehrmann v Network Ten defamation trial.
But one person now stands out as the ultimate loser. The man who made the mess in the first place, Bruce Lehrmann, with Justice Michael Lee determining that “on the balance of probabilities”, Lehrmann raped Brittany Higgins in a ministerial office of Parliament House in 2019.
Lehrmann brought his final fall on himself, following action after action that demonstrated his hubris and confidence in his own lies.
First with his actions that night in 2019, forever impacting the life, wellbeing and career of Higgins. The actions continued, notably in how he negotiated his Spotlight interview with Channel 7, then in his opening statements during the interview where he publicly declared his intention to “light some fires.” Then there was his decision to continue the saga, bringing on defamation proceedings that would see the civil “defence of truth” for Channel Ten brought up in the most spectacular and public way.
The criminal case against Lehrmann was thwarted twice. Things could have ended there, at least in the ACT. But Lehrmann decided to go hunting for money and credibility. Instead, he was exposed as the biggest liar and loser, and ultimately, a rapist.
As Justice Lee said, “Having escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat.”
It takes confidence and audacity to do that, just as it does to demand a television network pay your rent for a year in return for an interview, and — as alleged in court — to request reimbursement for cocaine and sex workers. Lehrmann and Seven deny the claims.
Justice Lee found credibility issues in many witnesses in the long and public defamation saga but determined that on the balance of probabilities, the standard of proof in civil proceedings in Australia, sexual intercourse took place in Senator Linda Reynold’s ministerial suite on 22 March 2019. He said that Higgins could not actively consent to sex because of her high level of intoxication.
“Mr Lehrmann raped Ms Higgins,” he said. “I hasten to stress this is a finding on the balance of probabilities.”
As for the damages to his reputation Lehrmann was fighting for? Justice Lee declared it would have been no more than $20,000. Hardly worth the public battle and legal fees, nor what he risked in having a judge review the facts of the matter.
Justice Lee found credibility issues and untruths among many witnesses but held his biggest criticisms for Lehrmann. He said he told “deliberate lies” in his evidence and beyond the courtroom, and described his recollection of what happened in the ministerial suite as “elaborate fancy”.
Lehrmann reportedly couldn’t look at the judge as the verdict in the defamation trial was read in court on Monday, preferring to stare at his phone.
He, like Ben Roberts-Smith before him, now stands as a cautionary tale to others who use the courts for their own version of events only to then sink an own goal.
Are there any really winners, in any of this?
Journalist Lisa Wilkinson, whose interview with Higgins aired on The Project in 2021 and sparked the defamation proceeding, said following Monday’s ruling that, “I sincerely hope this judgment gives strength to women around the country.”
While there might be some vindication and even some strength for women in the ruling, there is no real justice.
If you need help or the details above raise issues for you, please call the National Sexual Assault, Domestic and Family Violence Counselling Service 1800 737 732.
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