The Bruce Lehrmann v Ten Network defamation trial was a monumental five weeks that kept the nation riveted to their news outlets. When I searched online, especially Twitter [now X] and Threads, the discussion was wild and pretty much uncontrolled. At least the online newspapers were savvy enough to close down their comments sections along with the comments on their social media links as they understood the principles of defamation.
Whilst I was an advocate of Bruce to a degree for the early part of the proceedings, this is because the process was driven by media outlets who believed they were beyond the law. I was concerned about the presumption of innocence until proven guilty and due process that was clearly being abused. This is what occurred in the Brittany Higgins rape trial that was aborted due to juror misconduct, there was no outcome at criminal level.
I never stated Lehrmann was innocent or guilty, as I did not know the answer, my complaints were about the process. Justice Michael Lee offered his insight and this decision was not what Lehrmann was expecting. Justice Michael Lee stated based on probabilities that Bruce Lehrmann raped Brittany Higgins, he based this decision on an exhaustive process – Bruce Lehrmann received a fair trial. The trial followed due process, the process was exhaustive and the decision carefully weighed.
What we learned during the trial was that both primary witnesses lied under oath, Justice Michael Lee was scathing of both key parties. What Justice Lee did was forensically examine all statements, he searched for inconsistencies in statements and probed deeply. It had been described that the mess Justice Lee faced was a huge knot that was entangled at both ends. What Justice Lee did was untangle this huge knot during the trial, until now, no one had gotten close. What Justice Lee brought to the trial was an unbiased, yet critical view to proceedings. Some of Justice Lee’s humorous quips had plenty of subtle laughs, he came across as astute and measured.
I had always said every person connected with this trial has had their reputation tarnished, clearly Justice Michael Lee was an inspired choice. I was wrong to a degree, Fiona Brown came out of this saga smelling like roses. Linda Reynolds may come out of this vindicated too. This is a no nonsense guy who is clearly intelligent and rational, he refused to get caught up in the emotional hysteria that was being pursued by the media in general and specifically the Ten Network. Lisa Wilkinson came out of the trial as pretty pathetic, she wanted to be treated as a serious journalist at some points, yet when the questioning became too difficult, she was quick to complain that she was following the producer. What we have learned is Lisa Wilkinson is not an investigative journalist by any measure.
Justice Lee was clear, both Bruce Lehrmann and Brittany Higgins were unreliable witnesses – both lied under oath. This became a case of who lied less, neither did themselves any favours. Brittany Higgins is now a tarnished witness who Justice Lee described as a complex, and in several respects unsatisfactory witness. “Nuance is required in evaluating her evidence, and any contentious and uncorroborated aspect needs to be scrutinised warily.” Higgins made claims that could not be verified. It would appear from Justice Lee’s statement that Brittany Higgins was less than forthright in her evidence, she was aware that no political cover-up occurred.
Brittany Higgins made 11 separate representations about the [then] alleged rape in her $2.44 million settlement with the Australian government. Higgins’ statements were either knowingly false or contradicted by her evidence in the defamation trial. Higgins could find herself in trouble, it appears Higgins made knowingly false statements for financial gain. The current federal government would not overturn such a decision, this would make them look guilty and trying to wriggle out of this mess.
The Albanese government made the payment entirely on Higgins’ version of events during a single day mediation session that deliberately excluded evidence from the Minister. The National anti-corruption commission is now examining a complaint laid by Linda Reynolds, although I find it unlikely she will be required to repay the money. She may have to hand over some of that money to Linda Reynolds, the next trial will be interesting.
The Ten Network did not escape Justice Lee’s wrath, the Ten Network did little to check if Higgins allegations were true. Lisa Wilkinson and the Ten Network made the allegation that the Morrison government covered up the Higgins’ sexual assault. Nothing could be more from the truth, Wilkinson and the Ten Network have been found out, what they did was engage in a shoddy action that could not be described as journalism. The Ten Network needs to totally review their processes and how they go about reporting, they need to become a values based organisation and live by those values.
Then the Ten Network crowed after the trail that was called out by Justice Lee as disrespectful to both him and the court. The Ten Network did not make reasonable attempts to verify the claims, they pursued the political claims as that was their story. Lehrmann will never be able to pay their legal fees, this will cost them more than winning. This was a political hatchet job, there is evidence to support the Albanese government was aware of the nature of the complaint – this story has longer to run.