Major development in Bruce Lehrmann’s court case against Channel Ten and Lisa Wilkinson – as judge reveals it is decision time
A Federal Court judge will rule on Bruce Lehrmann’s defamation claim against Network Ten and Lisa Wilkinson in two weeks.
Mr Lehrmann launched the civil action following an interview broadcast on the network’s flagship current affairs programme, The Project, in which Wilkinson interviewed Brittany Higgins about her rape allegations.
Ms Higgins alleged Lehrmann raped her at Parliament House in March 2019, when they were both staffers working for the Liberal Party.
He was not named in the 2021 broadcast, but claimed friends and colleagues were able to identify him as the alleged rapist. He has always maintained his innocence.
The defamation case was heard by Judge Michael Lee in the Sydney Federal Court in December last year.
On Wednesday, the court announced that the verdict would be pronounced on April 4 at 10:15 am.
Bruce Lehrmann was photographed outside the Federal Court in December last year
Lisa Wilkinson is photographed outside the Federal Court in November
Judge Lee will give his reasons orally and publish a written judgment on the court’s website.
To win the case, the network and Wilkinson will have to prove that the alleged rape occurred on the balance of probabilities.
This means that Judge Lee, who is presiding over the case, will have to determine whether the rape occurred earlier or not.
This is different from a criminal trial, where the prosecutor must prove beyond a reasonable doubt that the alleged incident occurred.
There are three findings that Judge Lee could make.
He was able to establish that Mr Lehrmann had raped Brittany Higgins and was therefore not defamed by Lisa Wilkinson and Network Ten.
The judge could find that Mr Lehrmann did not rape Ms Higgins, which would mean he was defamed and likely to receive damages.
Judge Lee could also conclude that there is not enough evidence one way or the other, meaning it cannot be determined whether Ms Higgins was raped or not.
If the judge rules there is not enough evidence, Lehrmann would win because the allegations against him cannot be proven.
However, it could mean he walks away with nothing.
Brittany Higgins is pictured center outside the Federal Court in December last year