Sunrise host Matt ‘Shirvo’ Shirvington asks the question on every Aussie’s mind about Bruce Lehrmann’s case – after judge declared that he raped Brittany Higgins
Sunrise presenter Matt ‘Shirvo’ Shirvington has asked the question to many Australians after Bruce Lehrmann lost his defamation case against Network Ten and journalist Lisa Wilkinson.
On Monday, it was determined that Lehrmann had likely raped Brittany Higgins, but Federal Court Judge Michael Lee made no ruling on the cost of pursuing the case, which was estimated to be around $10 million.
Speaking to Channel Ten’s lawyer Justin Quill on Tuesday morning, Shirvington asked how much Lehrmann – who has initiated legal proceedings against Ten and other media – should pay after his stunning own goal.
“You know better than anyone, Justin, don’t you, the costs of a case like this. What legal fees might Bruce Lehrmann face?” he asked.
Mr Quill said the costs Lehrmann faces “will be significant”, adding that Judge Lee had asked for comments from both sides on their costs before deciding who should pay what.
‘That order… I’m reasonably confident that it will be in Ten’s favor and perhaps on an indemnity basis, which means Ten would be entitled to all his costs.
On Monday it emerged that Bruce Lehrmann had probably raped Brittany Higgins (pictured), but Judge Michael Lee did not rule on the costs, which were estimated at around $10 million.
Bruce Lehrmann (pictured) made no comment to the media as he left court on Monday
“Whether they can recoup those costs is another matter and will largely depend on Bruce Lehrmann’s resources,” he said.
Mr. Quill also explained the difference between a civil and criminal finding. Lehrmann’s legal action for defamation was a civil matter.
“Probably one of the biggest differences … is that Bruce Lehrmann is home and he’s waking up at home this morning, he’s not waking up in jail,” he said.
‘The other difference is the standard of proof… rather than beyond reasonable doubt, it’s the balance of probabilities, so it’s more likely than not that the rape occurred.
“So it’s a lower standard and that’s important to remember, but ultimately the judge still found that Bruce Lehrmann raped Brittany Higgins.”
Channel 10’s lawyer also spoke about the case on Monday, immediately after Judge Lee’s ruling, saying it was an “unmitigated disaster” for Lehrmann.
Mr Quill said the result was a warning to other potential claimants looking to “make a quick buck”.
“You can come up with a scam that will get you through a TV interview, or an interview with your bosses, or with your friends in the pub,” he said.
“But when you come to court and are interrogated and forensically examined, you can’t get away with it.”
When it was pointed out that Lehrmann was currently in law school, Mr. Quill suggested he switch to “another degree.”
In his ruling, Judge Lee said: ‘It is more likely than not that Mr Lehrmann’s state of mind was such that he was so eager for gratification that he was indifferent to Ms Higgins’ consent.’
‘And that’s why he continued having intercourse without worrying. Mr. Lehrmann raped Ms. Higgins.”
The civil verdict requires a lower evidentiary threshold than a criminal trial and does not mean Lehrmann has been convicted of any crime.
Lehrmann made no comment to the media as he left the court.
Channel 10 lawyer Justin Quill (pictured right) spoke to Sunrise host Matt ‘Shirvo’ Shirvington (left) on Tuesday morning and said the costs Bruce Lehrmann faces ‘will be significant’
Prime Minister Anthony Albanese was asked about the case on ABC Radio Melbourne on Tuesday morning and said he had “every sympathy for the experience that Brittany Higgins has gone through.”
“It’s been extremely difficult for her. The Federal Court, of course, made these findings yesterday. What is clear is that everyone has the right to be safe at work.”
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