Bruce Lehrmann defamation case LIVE updates: Brittany Higgins raped by former staffer, Justice Michael Lee finds

Justin Quill, one of Ten’s solicitors, spoke briefly outside the Federal Court in Sydney.

He was asked if he had any advice for Bruce Lehrmann, who has said he is studying law at university. Quill says Lehrmann should “take up another course at university”.

Reflecting the court’s findings to the civil standard, Quill said that “Bruce Lehrmann is a rapist” and that the case had been an unmitigated disaster for Lehrmann.

The Herald’s team of photojournalists have followed every twist and turn in Bruce Lehrmann’s defamation case since it was filed in February last year. Take a look back at the highlights and lowlights here.

High-profile presenter Lisa Wilkinson delivered a statement outside the Federal Court in Sydney, saying that today the court had found she aired a “true story about a rape in a federal minister’s office at Parliament House”.

“I feel glad for the women of Australia today,” Wilkinson said. She said she sincerely hoped the judgment gave strength to women around the country.

One of the notable features of the Lehrmann litigation was the judge’s approach to transparency, which included releasing hundreds of exhibits publicly and streaming the hearings live on YouTube.

Today, simultaneous views on the court’s YouTube channel peaked at 47,000 as onlookers around Australia and overseas logged on to watch Federal Court Justice Michael Lee’s remarks in real time.

Bruce Lehrmann has been confronted by a large press pack as he exited the Federal Court in Sydney.

“Do you regret doing this, Mr Lehrmann?” one journalist asked as he walked down Phillip Street in the heart of Sydney’s legal district.

Lehrmann now joins war veteran Ben Roberts-Smith in having serious findings made against him by the Federal Court after a judge found a media outlet had established a truth defence to allegations of criminal behaviour.

Roberts-Smith’s judgment is the subject of an appeal.

Federal Court Justice Michael Lee made clear during his decision today that his finding that Lehrmann raped Brittany Higgins was made to the civil standard of proof, meaning the balance of probabilities.

No finding has been made against him to the criminal standard of beyond reasonable doubt, and today’s finding does not amount to a conviction.

Nevertheless, it is a grave finding and Lehrmann is expected to face a significant costs bill that it is unlikely he can repay.

While Ten and Wilkinson have emerged the victors and have successfully fended off Bruce Lehrmann’s defamation claim, Federal Court Justice Michael Lee has also taken aim at their conduct.

He said the fact that their truth defence had been successful did not mean their conduct was justified in a broader sense, because a large portion of Wilkinson’s interview with Higgins on The Project focused on alleged political roadblocks to making a sexual assault complaint.

Federal Court Justice Michael Lee makes a particularly wry comment at the conclusion of his judgment, saying: “Having escaped the lion’s den Mr Lehrmann made the mistake of coming back for his hat.”

Lehrmann’s ACT Supreme Court criminal trial for Higgins’ sexual assault was aborted in October 2022 and a second trial did not proceed owing to concerns about Higgins’ mental health.

He maintains his innocence and “remains a man not convicted of any offence”, Lee said, but he has now had serious findings made against him in a civil trial based on a lower standard of proof.

Federal Court Justice Michael Lee has dismissed Bruce Lehrmann’s multimillion-dollar defamation case against Network Ten and Lisa Wilkinson after finding the media parties had established on the balance of probabilities that Lehrmann raped Higgins in Parliament House in March 2019.

Lehrmann, who is unemployed and has said he is studying law, is now expected to be hit with a large costs bill as the unsuccessful party to the litigation.

Lee said as follows:

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:

a) found sexually attractive;

b) had been mutually passionately kissing and touching;

c) had encouraged to drink, and;

d) knew had reduced inhibitions because she was very drunk.

In his pursuit of gratification, he did not care one way or the other whether Ms Higgins understood or agreed to what was going on.

Because of what I find to be Mr Lehrmann’s state of mind of non-advertent recklessness, the knowledge element has been made out.

The reference above to the “knowledge element” is to the third limb of sexual assault that Ten and Lehrmann needed to prove, namely that Lehrmann was aware that Higgins was not consenting. He said recklessness about Higgins’ consent would also satisfy that requirement.

Federal Court Justice Michael Lee notes that if Lehrmann was reckless as to whether Brittany Higgins was consenting to sex, this would be sufficient to prove the third element of sexual assault.

Lee said that Ten and Wilkinson would have proven the third element if they established on the balance of probabilities that Lehrmann was “indifferent” to consent and “just went ahead willy-nilly”.

The judge said he was satisfied it was more likely than not that Lehrmann was so intent on gratification that he was “hellbent on having sex” with her.

“In his pursuit of gratification he did not care one way or another,” Lee said.

This means the mental element has been established, and Lee has found Lehrmann sexually assaulted Higgins in Parliament House in March 2019. This is a finding to the civil standard, meaning the balance of probabilities, and not to the criminal standard of beyond reasonable doubt.

Read the full story here.

Federal Court Justice Michael Lee said he was not satisfied Brittany Higgins gave a “clear verbal protest” to Bruce Lehrmann, although he notes that this is not conclusive.

He has already found that Ten and Wilkinson have proven on the balance of probabilities Lehrmann had sex with Higgins. Lee is now considering whether the media parties have also proven it was non-consensual, and whether Lehrmann knew at the time that Higgins was not consenting.

He said Higgins’ evidence about being unaware of her precise surroundings but waking up with Lehrmann on top of her “struck me forcefully as being credible and having the ring of truth”.

He said he had reached a state of “actual persuasion” Higgins did not consent.