Bruce Lehrmann gave ‘no remotely credible’ account of night of alleged assault: Ten

Higgins gave evidence that she recalled Lehrmann “being handsy with me” at nightclub 88mph and “I didn’t want it, but I was tolerating it”. Asked if he did anything else, Higgins said: “Not that I recall.”

Ten alleged Lehrmann acted “audaciously” in “bringing defamation proceedings in which he seeks damages to vindicate his reputation, in circumstances where he has given no remotely credible account of his conduct in respect of the events underlying the imputations he has sued upon, and has been prepared to launch a scandalous attack on an obviously honest and independent witness”.

“This is conduct which, in Network Ten’s submission, disqualifies him from any entitlement to damages, even if the defences were to fail; in those circumstances, the judgment of the court would be a sufficient vindication,” Ten’s barristers said.

Lehrmann’s legal team, headed by Steven Whybrow, SC, and Matthew Richardson, SC, said in written submissions dated January 22 that “there are simply too many other plausible possibilities as to what may have happened in the minister’s private office, and as to why Ms Higgins was found naked in that office, to permit the court to make any conclusion as to what took place”.

“If the court finds Mr Lehrmann’s account implausible, that would not make Ms Higgins’s version of events more persuasive in its own right,” the barristers say.

Ten and Wilkinson have argued that Lehrmann should not receive damages if the court finds Lehrmann and Higgins did engage in sex but is not satisfied on the balance of probabilities that it was sexual assault, while Lehrmann’s barristers submit that he should still receive damages in those circumstances.

Lehrmann is suing Ten and Wilkinson over an interview with Higgins, aired on The Project on February 15, 2021, that he alleges defamed him by suggesting he was guilty of raping Higgins. One of the media parties’ defences is truth.

Under the truth defence, Ten and Wilkinson must prove on the balance of probabilities that Lehrmann raped Higgins. This is lower than the criminal standard of proof beyond reasonable doubt.

Lehrmann’s ACT Supreme Court trial for sexual assault was aborted in 2022 due to juror misconduct. The charge against Lehrmann was later dropped altogether owing to concerns about Higgins’ mental health. He has always maintained his innocence.

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