The Federal Court has found, on the balance of probabilities, Bruce Lehrmann raped Brittany Higgins at Parliament House in 2019.
Justice Michael Lee has found the pair had sex in the office of Senator Linda Reynolds, that Ms Higgins did not consent, and that Mr Lehrmann was indifferent to whether she had consented.
Justice Lee today delivered his judgment in Mr Lehrmann's defamation case against Network Ten and journalist Lisa Wilkinson.
"Mr Lehrmann raped Ms Higgins," Justice Lee said.
"I hasten to stress this is a finding on the balance of probabilities."
Ultimately, this means Mr Lehrmann’s defamation claim against Network Ten and Lisa Wilkinson has failed, and the evidence had proven Network Ten's substantial truth defence.
"[Mr Lehrmann] has now been found, at the civil standard of proof, to engage in a great wrong. It follows Ms Higgins has been proven to be a victim of sexual assault," he said.
He referenced the fact that Mr Lehrmann had already been through a criminal trial for the alleged rape in the ACT Supreme Court in 2022, which collapsed due to juror misconduct leaving no findings against him.
"Having escaped the lion's den, Mr Lehrmann made the mistake of coming back for his hat," Justice Lee said.
Mr Lehrmann has always maintained his innocence.
Mr Lehrmann appeared to be taking notes, his head down, as the judge delivered his findings.
As the proceedings concluded, he left the court quickly, making no comment to reporters.
Ms Wilkinson hugged her barrister, Sue Chrysanthou, and the pair left the court with their arms around each other.
'Without caring whether she consented'
In his judgment, Justice Lee said he was satisfied that it was "more likely than not" that Mr Lehrmann was "so intent upon gratification to be indifferent to Ms Higgins's consent and hence went ahead with sexual intercourse without caring whether she consented".
The judge said he believed Mr Lehrmann was "hell-bent on having sex" with Ms Higgins.
"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 hell-bent 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."
The former federal Liberal staffer brought the case against Network Ten and Ms Wilkinson after they aired an interview with Brittany Higgins on The Project in 2021 in which she alleged she was raped at Parliament House in March 2019.
The interview did not name Mr Lehrmann, but he claimed their description still identified him, which sparked his defamation proceedings.
The case spanned 22 days last year before being unexpectedly reopened two weeks ago to hear an additional two days of evidence.
'Nothing to do with French submarine contracts'
Justice Lee told the court he was satisfied Mr Lehrmann had told "deliberate lies" on several accounts, including about having met Ms Higgins before the "fateful night", his earlier admissions that he found her "alluring", and what subsequently occurred at The Dock bar in Canberra.
"To remark that Mr Lehrmann is a poor witness is an exercise in understatement," Justice Lee said.
Justice Lee questioned Mr Lehrmann's evidence that he went back to Parliament House to work on Question Time briefs after their night out.
"He was a 23-year-old male cheating on his girlfriend, having just 'hooked up' with a woman he found sexually attractive," he said.
"Human experience suggests what he then wanted to happen was not exactly shrouded in mystery.
"There was one dominant thought running through the mind of Mr Lehrmann … and it had nothing to do with French submarine contracts."
Justice Lee considered Mr Lehrmann's account of the evening as "fanciful".
"It is fanciful a somewhat lubricated male staffer accompanied by a woman he found attractive, who he had just been 'pashing' in a nightclub despite having a girlfriend, would then be interested, after coming to a private place very late, to just say 'cheerio', and then soberly proceed to note up briefs for a Question Time that was not to occur for one-and-a-half weeks."
Justice Lee also said Mr Lehrmann made false representations about how the Seven Network obtained sensitive material from his criminal trial to use in his Spotlight interview in June 2023.
Mr Lehrmann had previously testified that he only offered the program "an interview".
Brittany Higgins 'sometimes told untruths'
Justice Lee also said "nuance" was required in assessing the evidence of Ms Higgins, who he described as a "complex and unsatisfactory witness".
He said she made some accusations "cut out of whole cloth" because they suited her version of events.
Justice Lee also found that she "selectively curated material on her phone prior to giving it to the AFP" and "sometimes told untruths when it suited her."
But he also acknowledged that the evidence of sexual assault victims was sometimes tainted by trauma.
"Any inconsistent or untrue representations in 2019 are not inconsistent with the conduct of a genuine victim of sexual assault struggling to process what happened, seeking to cope, and working through her options," he said.
Other assertions made by Ms Higgins, Justice Lee said, were inconsistent in a way that was synonymous with actions of a genuine victim of sexual assault.
But Justice Lee also criticised Ms Higgins and her boyfriend, David Sharaz, for crafting a narrative accusing others — including federal ministers — of putting up roadblocks and making her choose between her career and justice.
"The cover-up allegation was objectively short on facts, but long on speculation and internal inconsistencies," he said.
"Trying to particularise it during the evidence was like trying to grab a column of smoke."
He said producers at The Project had been so eager to recognise the "cover-up" as the most important part of the narrative, despite a number of inconsistencies, speculation and conjecture.
"Its deployment meant her account achieved much notoriety and public interest."
Wilkinson let down by legal team, judge finds
Justice Lee also told the court that Lisa Wilkinson was a "polished and articulate" witness who "did not lack self-assuredness" when she testified during the hearing.
He conceded that she was let down by the legal advice she sought from Network Ten about her Logies award speech which celebrated Ms Higgins, who was due to appear as a key witness in Mr Lehrmann's criminal trial eight days later.
But he said her 40-year career in journalism should have led her to believe that giving the speech was "fraught with danger".
Ms Wilkinson made a statement outside the court after the judgment.
"I sincerely hope that this judgment gives strength to women around the country," she said.
She thanked her family and friends for their support throughout the process.
"I also want to say how grateful I am to all the generous members of the public who have approached me almost every single day to express, often through tears, their unwavering support. Thanks very much."
Network Ten released a statement saying Justice Lee's judgment was "vindication for the courageous Brittany Higgins who gave a voice to women across the nation".
"It is clear however that Australia's defamation laws remain highly restrictive," they said.
"When put to the test, it was always our obligation to inform the public of these important social and political matters notwithstanding the challenges presented by these laws."
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2024-04-15 06:11:15Z
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