Twist as Bruce Lehrmann, Brittany Higgins and Lisa Wilkinson could be called to testify at trial: ‘Clear battlelines’
Twist as Bruce Lehrmann, Brittany Higgins and Lisa Wilkinson could be called to testify at trial: ‘Clear battle lines’
Bruce Lehrmann, Brittany Higgins and Lisa Wilkinson may be personally called to testify at a libel trial.
Mr Lehrmann launched a defamation action in March against Network 10 and former The Project presenter Wilkinson over the broadcast in 2021 of Ms Higgins’ rape allegations against him.
He also later initiated proceedings against the ABC over the live broadcast of a National Press Club speech by Ms. Higgins in which she made the same allegations.
Mr Lehrmann strongly denies the allegations.
Although he was not named as Mrs Higgins’ alleged rapist in either broadcast, Lehrmann claims people in parliamentary circles were able to identify him.
The case has been traveling through the Federal Court since Judge Michael Lee granted a stay earlier this year.
Brittany Higgins has tweeted that she was willing to testify in a civil trial
The case returned to court on Monday for a case management hearing ahead of the trial scheduled for November 20 and expected to last four weeks.
The court heard that there were problems with the preparation of the case leading up to the hearing because Mr. Lehrmann’s lawyers had not received an affidavit from Ms. Higgins.
But instead of allowing them to submit affidavits to the court, Judge Lee said he wanted Mr Lehrmann and Ms Higgins to testify ‘viva voce’.
This means that both parties will present their main evidence orally rather than in a written document to the court.
This is the first time that Mr. Lehrmann will testify at the trial. He did not take a position during the criminal trial.
While the trial was originally set to hear only the case between Mr Lehrmann and Network 10, Judge Lee decided on Monday that he would hear both cases together.
“There are clear battle lines in this case, including a public interest defense in the ABC proceeding,” he told the court.
“I think I’ll hear both proceedings together.”
The court was told that the evidence in the trial will also include expert witnesses who have testified to ‘reaction and reactions of victims of sexual assault’, and a toxicology expert who has analyzed Ms Higgins and her ‘level of intoxication’ .
Lehrmann has never before testified in court about the rape allegations, which he has always denied
Judge Lee said he had no idea expert witnesses would testify, and said he intended to determine before trial whether the reports would be admissible.
In May, Lehrmann dropped a libel lawsuit against News Corp’s News Life Media and journalist Samantha Maiden.
News Life Media did not have to apologize or pay damages, and the worrying articles have remained online.
Lehrmann’s Supreme Court trial in the ACT last year was aborted due to juror misconduct. He had pleaded not guilty to sexually assaulting Mrs. Higgins.
The charges were subsequently dropped by the ACT’s Director of Public Prosecutions, who declined to start a new trial over concerns about Ms Higgins’ mental health.
Mr Lehrmann has continued to deny the allegations.