Bruce Lehrmann has returned to court seeking to overturn a finding that he raped his former colleague Brittany Higgins, with Federal Court judges questioning the logic of his grounds of appeal.
In 2024, Lehrmann’s defamation claim against Network Ten and journalist Lisa Wilkinson failed. Federal Court Justice Michael Lee found Higgins’ claims that she had been raped in parliament house by Lehrmann in 2019 to be proven on the balance of probabilities.
Now, Lehrmann is appealing the finding, represented by his solicitor, Zali Burrows, who revealed that Lehrmann couldn’t afford his preferred barrister, Sydney silk Guy Reynolds.
Burrows apologised to the court about this, saying she was “not as prepared” as the opposing counsel but that she was going to do her best.
On Wednesday, in court, Burrows argued that Lehrmann was denied procedural fairness and that Lehrmann was “surprised as to the nature of the rape” when Justice Lee gave his finding in 2024.
“The primary judge found that the rape occurred in a particular way that wasn’t put to Mr Lehrmann in defence,” said Burrows.
“He was taken by surprise as to the nature of the rape… it was pleaded as a violent rape, when His Honour [Justice Lee] found it was a non-violent rape.”
Lehrmann has always maintained his innocence and said that no sexual intercourse took place, which Justice Michael Wigney pointed out in response to Burrow’s statements on behalf of Lehrmann in court.
Wigney said it would not have made sense to have faced questions about the nature of an act that Lehrmann was denying took place.
“He would have maintained that there was no violence, because there was no sexual intercourse,” Justice Wigney said. “How could he have been questioned about the particulars?”
Justice Craig Colvin responded to Lehrmann’s argument as well, saying the logic of his submission is confusing.
Network Ten’s lawyer Dr Matthew Collins responded to Lehrmann’s submission, arguing that trying to justify a difference between a rape that is violent and one that is non-violent is “obviously rooted in historical misconceptions”.
Collins said that any rape of a woman is a “horrid violation of bodily autonomy” and that “all rape is violent”.
Collins also pointed to the areas of the case that Justice Lee was satisfied had occurred, which were that sex had taken place, Higgins did not consent and Lehrmann had been reckless as to her consent.
These are elements that fit the definition of rape that an ordinary person would understand, Collins said, urging the court to reject Lehrmann’s case.
Collins told the court that Lehrmann raped a woman he knew was “seriously intoxicated” and left her alone in the office of a federal minister.
“That is not a man with any reputation in the respect of sexual morality that would warrant compensation,” Collins said.
Lehrmann’s criminal case in 2022 was abandoned without any findings against him.
After bringing the case back to court in 2024 for the defamation trial, which Lehrmann lost, Justice Lee made some headline comments about the situation, stating: “Having escaped the lions’ den, Lehrmann made the mistake of going back for his hat.”
In court this week, Burrows referenced the media attention this received, saying Lehrmann has “pretty much become a national joke”.
“He’s probably Australia’s most hated man.”
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services.
If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit http://www.ntv.org.au.