Landmark Defamation Case: Justice Rules in Favor of Network Ten and Lisa Wilkinson, Finding Lehrmann Liable for Sexual Assault

Lehrmann filed a defamation suit against Network Ten and journalist Lisa Wilkinson after a segment aired on The Project in February 2021. The segment featured an interview with Brittany Higgins, a former Liberal staffer, who alleged she was raped by a senior colleague in the office of then Defence Minister Linda Reynolds in March 2019. Although Lehrmann was not named, his lawyers argued that the broadcast implied his involvement, leading to speculation.

Justice Michael Lee concluded that Lehrmann did rape Higgins based on the balance of probabilities. He criticized Lehrmann’s disregard for Higgins’ consent, stating, “In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on.”

Following the judgment, Lisa Wilkinson welcomed the decision, expressing hope that it would inspire women across the country.

The court’s live stream experienced technical difficulties during Justice Lee’s delivery of the judgment, attracting over 47,000 viewers. The judgment, initially scheduled for April 4th, was delayed when Ten sought to introduce fresh evidence, including claims made by former Channel 7 producer Taylor Auerbach regarding Lehrmann’s credibility. Auerbach alleged that Seven had reimbursed Lehrmann for cocaine and sex workers during attempts to secure an exclusive interview, which Seven denied. Ten also accused Lehrmann of providing Seven with confidential material subpoenaed during criminal proceedings, leading to allegations of contempt of court.

Lehrmann was previously charged over Higgins’ allegations, but his trial ended due to juror misconduct, and the prosecution was discontinued out of concern for Higgins’ welfare. Despite maintaining his innocence and no criminal conviction, Lehrmann was found to have engaged in wrongful conduct by the civil standard of proof.

Justice Lee criticized the original broadcast for including claims of a cover-up without reasonable foundation, causing confusion and collateral damage. He acknowledged the complexity of the case and its impact on the criminal justice system.

Following the decision, Wilkinson thanked her legal team and supporters, expressing gratitude for their unwavering support throughout the process.

The case prompted a Board of Inquiry into the ACT criminal justice system, resulting in scathing findings and the resignation of the Director of Public Prosecutions.

With the case’s numerous twists and turns, its definitive conclusion remains uncertain.