Key events
What the judge will consider in his defamation trial judgment
When Justice Michael Lee hands down his decision today, it will say whether the respondent has established, on the balance of probabilities, that Lehrmann raped Brittany Higgins in then defence minister Linda Reynolds’ office in 2019.
Being a civil proceeding, a defamation trial works on the balance of probabilities, rather than the higher standard of beyond reasonable doubt used in criminal prosecutions.
Read the link below to see what Lee has had to consider before reaching that decision.
How the Bruce Lehrmann defamation case unfolded
In 2021, the Liberal staffer Brittany Higgins made an explosive allegation, claiming she had been raped two years earlier on a minister’s couch in Parliament House.
She made the claim in an interview with news.com.au and a television interview which was aired by Channel Ten’s The Project on 15 February.
The media outlets did not name the alleged rapist but Higgins’ colleague Bruce Lehrmann later claimed he was identifiable and sued news.com.au, Channel Ten and its presenter Lisa Wilkinson for defamation.
Lehrmann maintains his innocence and at his criminal trial in 2022 pleaded not guilty to one charge of sexual intercourse without consent, denying that any sexual activity had occurred.
After his criminal trial was aborted in December 2022, prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to her health. Lehrmann settled with News.com then pursued Ten and Wilkinson in the courts, resulting in a five-week defamation trial which ran until just before Christmas.
Click below to read more about how the story has played out so far.
Good morning
We are expecting a judgment this morning at 10.15am from Justice Michael Lee in the Bruce Lehrmann v Ten & Ors defamation case.
Lehrmann sued Network Ten and Lisa Wilkinson for the broadcast of an interview with Brittany Higgins on The Project in 2021 which he said defamed him by suggesting he raped Higgins in 2019.
Lehrmann has always denied the rape allegation and, in a previous criminal trial, pleaded not guilty to one charge of sexual intercourse without consent. He denied that any sexual activity had occurred.
The criminal trial was aborted after it was discovered a juror had conducted their own research in relation to the case.
In December 2022 prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to her health.
The oral summary by the federal court judge will be live streamed on YouTube and a written judgment with the reasons for his decision will be published afterwards.
Justice Lee will rule whether the respondent has established, on the balance of probabilities, that Lehrmann raped Higgins in then defence minister Linda Reynolds’ office in 2019.
