Bruce Lehrmann 'lights fires' in alleged rape cases and assorted legal stoushes

As Bruce Lehrmann's latest defamation case against Network Ten and Lisa Wilkinson plays out, Michelle Pini examines the hazy world of legal cases surrounding the former Liberal Party staffer.

SINCE former Liberal Party staffer Bruce Lehrmann was named as the alleged rapist in criminal court proceedings involving two counts of rape in Toowoomba, his lawyers have had their hands full.

Certainly, the establishment media has been in overdrive painting a picture of a man that has "lost everything" and is “utterly destroyed”, constantly “maligned”, painted as a “revolting predator…in a horror movie”, and is facing a “de facto rape trial” to boot.

In his latest defamation case, this time against Network Ten and Lisa Wilkinson, Lehrmann told the court of his woes, which included being ostracised on social media, stating:

"I observed not only being removed from group chats, but … my total number of friends had reduced."

On Thursday (23 November 2023), Lehrmann gave evidence that he had told three different stories about the circumstances surrounding his late-night visit to Parliament House with Brittany Higgins on the night the alleged rape took place, and that he had been "mistaken" about the version he had given the Australian Federal Police.

Lehrmann's recall of many of the details on the night in question appeared sketchy and he admitted two versions of events were lies, but not the part pertaining to the alleged sexual assault, which he denied. The details in question included different stories concerning his reasons for accessing Parliament House after midnight and lying about whether there was alcohol in his office.

To sum up day two of the hearing, Lehrmann "couldn't recall" at what point he realised that some of the stories he had given at various intervals – to Parliament House security, to Linda Reynolds' chief of staff Fiona Brown, to the AFP and at his trial – were contradictory.

The hearing is continuing.

News Corp vultures exploit legal system to control Lehrmann story

The Bruce Lehrmann plot thickens as News Corp journalists claim to have obtained confidential information regarding new accusations against the alleged rapist.

Some of the in-the-know media currently reporting the proceedings, have also enjoyed privileged access to court documents and rulings, ahead of unconnected independent media outlets and the general public, as reported by IA’s Dr Jennifer Wilson, who concluded:

‘It is extremely disturbing that there are people in the system prepared to leak court documents and in so doing, risk the outcome of a sexual assault trial.

It’s equally disturbing that there are people who, knowing the risk they are taking with the lives of others, are prepared to either solicit or accept offered court briefs to which they have no legal right and with which they can do nothing good.’

But back to the exhaustive work of Lehrmann’s lawyers.

The reasons for their current hyperactivity, aside from the fresh criminal case against him, which came on top of the previous high-profile rape trial back in 2019 – involving the alleged rape of former colleague Brittany Higgins in the office of their mutual employer Senator Linda Reynolds, which was aborted due to "juror misconduct" – Lehrmann has also had several defamation cases on the go.

Lehrmann has denied the allegations brought against him by Brittany Higgins. He is yet to enter a plea in the new rape case, which is still in the committal stage. He has also sought to suppress being named as the alleged perpetrator in the new proceedings.

However, attempts by Lehrmann’s lawyers to keep his identity secret with regard to the new trial, in which he was formerly referred to as a "high-profile Toowoomba man", did not go according to plan, since their client had already chosen to share his story with regard to the Brittany Higgins case to a very "select” national viewing audience of about 600,000 people, for his first Channel Seven interview, back in June.

“Let’s light some fires,” said Lehrmann on that occasion.“Everything needs to be out there, in the open, so people can assess this for what it is.”

While his lawyers later argued that his name should be suppressed due to mental health concerns, the attorney arguing against the suppression order, Rob Anderson, observed the “irony” of a man “with no filter” who was happy to go on national television to “light fires” against the advice of his lawyers, before attempting to silence the court.

The Katy Gallagher Higgins witch-hunt: Australian media's cognitive dissonance

Suffice to say, if Katy Gallagher needs to resign over Brittany Higgins’ sexual assault allegations or “misleading the parliament” over this issue, she would need to take a number and join the queue.

Said Anderson:

“He wants to be heard everywhere except here, it seems.”

Unfortunately for Lehrmann, both the magistrate at his hearing and the judge at the subsequent Supreme Court judicial review, filed by his legal team, agreed.

Magistrate Clare Kelly first ruled his media appearances to be “inconsistent with the contention that the media pursuit has been relentless”.

And then Justice Peter Applegarth lifted the non-publication order banning media from publicly identifying Lehrmann, concluding that the defence’s argument did not explain,“...the circumstances under which the applicant came to participate in television interviews between June and August 2023”.

Applegarth added:

'A cynic might say: ‘I hope Channel 7 paid him, or his solicitors, a lot of money,’ for the consequences it had on his application, if nothing else.”

One of Lehrmann’s defamation cases – the one against the ABC – has recently been settled, with the public broadcaster issuing a statement indicating:

"The proceedings have settled on mutually acceptable, confidential terms, without admission of liability."

This means no open fires are likely to be lit on the specific terms of that arrangement.

Lehrmann’s defamation lawsuit in 2021 against News Life Media and journalist Samantha Maiden, was also settled, though he was apparently not paid any compensation on that occasion. However, News Life Media did agree to cover some of his legal costs.

It appears the smoke from that particular fire is also unlikely to lead us to its source.

All of this may explain why Lehrmann now has a total of four barristers representing him in his current defamation case against Channel Ten and journalist Lisa Wilkinson, though not how he will pay for this gun legal team, considering he is now unemployed and “cutting wood” for a mate’s dad in Tasmania', as he searches for work.

Lawyers representing Lehrmann at the trial for the alleged rape of Brittany Higgins apparently did so pro bono, though some of them are reportedly considering further civil actions to cover their costs. Perhaps his new legal team will follow suit.

Once again, we are unlikely to uncover the source of that combustible matter.

Certainly, for cases involving Lehrmann, about which information is mysteriously leaked at seemingly convenient moments, but only to select members of the media, suppression orders seem incongruent if not completely bizarre.

It is also rather disconcerting that information about the alleged victim, Brittany Higgins, was widely shared and nowhere near as closely guarded. cops defence people

Higgins said later that when she chose to speak up she did not fully understand 'our asymmetrical justice system', the inconsistencies of which included the following:

I was required to tell the truth under oath over a week on the witness stand and was cross-examined at length.

He was afforded the choice of staying silent in court.

Head down in a notebook, completely detached.

He never faced one question in court about his story and the criminal charges.

I was required to surrender my telephone, my passwords, messages, photos and my data.

He was not required to produce his telephone, passwords, messages, photos and his data.

My life was publicly scrutinised, open for the world to see.

His was not.

Many of you in the media have been called out for labelling the last few weeks the "Higgins trial" but I don't blame you because it has been very obvious who has been on trial.

He hasn't had to be publicly accountable — for his actions or any part of his story.

This is the reality of how complainants in sexual assault cases are treated.

His legal defence team has again requested a mobile phone data download from the complainant in the latest rape trial against him.

With all the defamation cases and criminal trials involving Lehrmann creating so much smoke on the horizon, perhaps there will now be fewer mirrors and more information about the sources of the fires than in that first case against him.

So many blazing infernos to be extinguished.

#BruceLehrmann "Let's light some fires"

BRUCE LEHRMANN
Applicant

THE AUSTRALIAN BROADCASTING CORPORATION
Respondent

THE COURT ORDERS THAT:

1. The applicant be granted leave to discontinue the proceedings
2. The requirement to file a notice of discontinuance be dispensed with.… pic.twitter.com/rhlbhcIM08
— ShitFuckery (@ShitFuckery1) November 23, 2023