A British lip-reader has told the Federal Court that Brittany Higgins said "I don't want to" when Bruce Lehrmann told her to finish a drink, as the pair prepared to depart a Canberra pub on the night she alleges she was raped.
Key points:
- Bruce Lehrmann is suing Network Ten and Lisa Wilkinson for defamation over coverage of Brittany Higgins's rape allegation
- Lip-reader Tim Reedy says Ms Higgins told Mr Lehrmann "I don't want to" after he told her to finish her drink before leaving a bar
- Mr Lehrmann's barrister Steven Whybrow tried to have Mr Reedy's evidence excluded, but that was dismissed by Justice Michael Lee
Network Ten flew Tim Reedy out from London for the final day of evidence in the defamation case Mr Lehrmann has brought against Network Ten and Lisa Wilkinson, over the interview with Ms Higgins on The Project.
In the interview, Ms Higgins alleged she was raped at Parliament House in 2019 by an unnamed colleague.
Mr Lehrmann launched the action after his criminal trial in the ACT Supreme Court collapsed due to juror misconduct last year, leaving no findings against him.
Mr Reedy prepared a report detailing what he believes was said by both Mr Lehrmann and Ms Higgins while they were at The Dock earlier on the night in question, and gave evidence in court with the assistance of a lip-speaker, who annunciated the questions more clearly for Mr Reedy.
At 11:51pm on the CCTV, Mr Lehrmann is seen pointing at a drink on a table in front of Ms Higgins.
Mr Reedy told the court he believed Mr Lehrmann told her to "Drink it all now, all".
Mr Reedy said Ms Higgins replied "I don't want to".
"She was made to take the drink to her mouth," Mr Reedy told the court.
He was challenged by Mr Lehrmann's barrister Steven Whybrow about what assumptions went into his report.
Earlier in his report, Mr Reedy had made a note that at 10:42pm on the CCTV, Mr Lehrmann was "lining up drinks, plying the woman with alcohol".
"Your opinions go beyond simply lip-reading, but making assessments as to the surrounding circumstances and context," Mr Whybrow suggested.
"I can only work with what I have," Mr Reedy replied.
Justice Michael Lee dismissed a bid from Mr Whybrow to have the evidence excluded, for reasons including that he has not had any objective assessment of the accuracy of his work.
Justice Lee said the objections could be raised in closing arguments in an effort to reduce the weight of the evidence, but he would not exclude it altogether.
Forensic lip-reader for over a decade
Mr Reedy lost his hearing after contracting viral meningitis at the age of four.
He has worked as a forensic lip-reader since 2010, which has included assignments in aid of police investigations, and lip-reading members of the Royal Family during the coronation of King Charles III for the Sunday Times.
The court heard Mr Reedy has differentiated in his report between words he is certain were said, and words he is less confident of.
He said the pixelation in parts of the vision was sharp enough for him to lip-read confidently, particularly with repeated views.
"I had the luxury of going back and forth … playing it so many times until I was certain that this was the answer," Mr Reedy said.
"I believe I created something good."
Mr Reedy was the final witness in the defamation trial.
The court will break tomorrow, before resuming on Thursday to hear closing arguments from the barristers involved in the case.
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2023-12-19 06:44:44Z
CBMib2h0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIzLTEyLTE5L2JydWNlLWxlcmhtYW5uLWRlZmFtYXRpb24tYnJpdHRhbnktaGlnZ2lucy1saXAtcmVhZGVyLWV2aWRlbmNlLzEwMzI0NjYxNtIBKGh0dHBzOi8vYW1wLmFiYy5uZXQuYXUvYXJ0aWNsZS8xMDMyNDY2MTY
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