Bruce Lehrmann is no longer representing himself in his landmark appeal against Network Ten and Lisa Wilkinson. A well-known criminal defense attorney is now appearing in court for him.
Lehrmann launched his appeal in federal court in May, a month after he lost his defamation case when Judge Michael Lee ruled on a probable cause basis that he raped his former colleague Brittany Higgins in the Houses of Parliament in 2019.
In the findings, Judge Lee called the former Liberal Party staffer a liar with a “tenuous” commitment to the truth, whose testimony was only credible if it could be corroborated by someone else.
Referring to the failed rape case against the former Liberal Party staffer in 2022, the judge joked: “Now that he has escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat.”
Lehrmann not only suffered a damaged reputation, but also faced bankruptcy after a judge ordered him to cover his opponent’s legal fees, which now total more than $2 million.
Lehrmann had filed and served the notice of appeal himself before the May 31 deadline, rather than instructing attorneys to do so on his behalf, as he was representing himself.
However, lawyers for the network and Wilkinson were told on Thursday that Zali Burrows, the criminal lawyer for embattled former Sydney businessman Salim Mehajer, will represent the former employee in his civil appeal.
The first case management hearing will begin at 9:30 a.m. under the leadership of Judge Wendy Abraham.
Bruce Lehrmann is pictured on the right with Margaret Cunneen SC and his former criminal defence lawyer, Steven Whybrow SC
Lehrmann is now represented by Zali Burrows (pictured), a criminal defense attorney who represented Salim Mehajer
Daily Mail Australia has learned that Lehrmann and Ms Burrows were introduced through a mutual friend, barrister Margaret Cunneen SC – who successfully represented ex-Wallaby Kurtley Beale in his rape case last year.
Ms Burrows worked with barrister Guy Reynolds SC, who assisted Lehrmann in preparing his appeal.
In his appeal, Lehrmann, a second-year law student, had requested that a new judge set aside Judge Lee’s decision and enter judgment in his favor. He also wanted Ten and Wilkinson to pay the costs of the primary proceedings and the appeal.
Four grounds of appeal were established, including that Judge Lee denied Lehrmann’s procedural fairness and that the findings regarding the truth defense were inconsistent with the evidence.
He claimed there were credibility issues with Ms Higgins’ statement, particularly in relation to an image of a bruise which she initially claimed occurred during the rape, but which she said occurred earlier that night when she fell.
During Mr Lehrmann’s criminal trial, she claimed the bruise occurred during the alleged rape, a claim she also made to The Project during her interview with Ms Wilkinson.
He further argued that Judge Lee had construed and misconstrued the rape allegations, and that Lehrmann should have been awarded damages.
Brittany Higgins accused Bruce Lehrmann of raping her in the Houses of Parliament in 2019
Lehrmann may be required to pay security costs prior to any appeal. Failure to pay may result in the appeal not proceeding.
The former Liberal Party staffer sued Network 10 and Lisa Wilkinson over her interview with Higgins on The Project, in which the former political staffer said she had been raped by a former colleague.
In his ruling, Judge Lee said that “it is more likely than not” that Lehrmann “was so focused on gratification that he was indifferent to Ms Higgins’ consent, and therefore proceeded with intercourse without concern for whether or not she consented.”
Lehrmann has consistently denied sexually abusing Ms Higgins.
In 2022, he was due to appear in the Supreme Court of the Australian Capital Territory after pleading not guilty to one charge of sexual intercourse without consent.
The trial was called off due to juror misconduct and the Director of Public Prosecutions dropped the charges and scheduled a new trial over concerns for Ms Higgins’ welfare.