Bruce Lehrmann awaits appeal against defamation ruling on Brittany Higgins rape finding

Disgraced former political staffer Bruce Lehrmann is poised to learn whether a second return to the lion’s den has overturned a court ruling he probably raped colleague Brittany Higgins.

The 30-year-old suffered a bruising own-goal after suing Network Ten and journalist Lisa Wilkinson for defamation over an interview with Ms Higgins on The Project in 2021.

Justice Michael Lee found Ms Higgins’ claims Mr Lehrmann had raped her inside Parliament House two years earlier were established on the balance of probabilities.

In his headline-grabbing decision in April 2024, the judge quipped: “Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat.”

Mr Lehrmann appealed the finding during a two-day hearing in August, arguing the judge erred in finding Ten and Ms Wilkinson had legally justified the imputation of rape.

After months of deliberations, the Full Court of the Federal Court will hand down its decision on Wednesday.

The appeal judges were told Justice Lee’s factual findings differed from the case run against him, including that he had committed a “non-violent” rape against Ms Higgins.

“The primary judge found that the rape occurred in a particular way that wasn’t put to Mr Lehrmann in evidence, and he was taken by surprise as to the nature of the rape,” Mr Lehrmann’s lawyer Zali Burrows said.

But the ruling depicted a violent rape, Ten’s barrister Matt Collins KC argued, labelling the suggestion that Mr Lehrmann may have given different testimony as “astonishing”.

The former political staffer had been quizzed on the main facts of the case found by Justice Lee: that sex took place, Ms Higgins did not consent, and Mr Lehrmann had been reckless as to her consent.

“The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it,” Dr Collins told the appeal hearing.

Both sides took issue with the definition of rape employed by Justice Lee, with Ms Burrows maintaining it was inconsistent with an ordinary person’s understanding.

For their part, Ten and Ms Wilkinson urged the appeal judges to find that Lehrmann was not only reckless as to Ms Higgins’ consent - as Justice Lee found - but knew she wasn’t consenting.

They rejected Ms Burrows’ claims that Mr Lehrmann would be entitled to more than $20,000 in damages if his appeal is successful because he has become a “national joke” as a result of the allegation.

Mr Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, didn’t stop when she became aware and left her in a state of undress, Dr Collins argued.

“That is not a man with any reputation in respect of sexual morality that would warrant compensation,” he said.

Mr Lehrmann denies he sexually assaulted Ms Higgins and a criminal case against him in 2022 was abandoned without any findings against him.

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