UPDATE: In a dramatic ruling, the Full Court of the Federal Court has dismissed Bruce Lehrmann’s appeal against a defamation suit loss to Network 10 and journalist Lisa Wilkinson. The verdict, delivered on October 25, 2023, confirms that Lehrmann knew Brittany Higgins did not consent to sexual intercourse during an encounter at Parliament House in the early hours of March 23, 2019.
Lehrmann, who has been labeled “Australia’s most hated man,” was absent from the Sydney court as the judges upheld Justice Michael Lee’s earlier judgment, which found him liable for defamation after his claims of innocence were discredited. This ruling is a significant blow to Lehrmann’s efforts to restore his reputation, following his previous trial that ended with a hung jury.
The Full Court, consisting of Justices Michael Wigney, Craig Colvin, and Wendy Abraham, dismissed all four grounds of his appeal, stating that the evidence overwhelmingly supported the conclusion that Lehrmann was aware of Higgins’ lack of consent. The judges noted that the circumstances surrounding the incident “screamed loudly” to Lehrmann that Higgins was not in a state to consent, describing her as “very drunk,” “passive and silent,” and “prone to drowsiness.”
Justice Lee’s findings, delivered in April 2022, characterized Lehrmann’s account as “elaborate fancy” and labeled him a “cad” for leaving Higgins in a vulnerable state. He emphasized that while he could not conclude that Higgins verbally communicated her lack of consent, it was clear she was incapacitated and unable to articulate her position.
During the trial, evidence was presented showing that Higgins had been drinking heavily at the 88MPH nightclub, where she was seen falling and needed assistance to get back up. Lehrmann admitted to encouraging her to drink and had engaged in a passionate kiss with her earlier that evening, showcasing his awareness of her intoxicated state.
In a striking quote, Justice Lee remarked, “Having escaped the lions’ den, Mr. Lehrmann made the mistake of going back for his hat.” This statement underscored Lehrmann’s misguided decision to pursue his appeal, which has now resulted in a devastating legal defeat.
The court not only dismissed Lehrmann’s appeal but also ordered him to cover the legal costs incurred by Network 10 and Wilkinson, which are expected to amount to several hundred thousand dollars. This follows an earlier ruling where he was ordered to pay $2 million to the media company and Wilkinson after losing the initial defamation trial.
Lehrmann’s lawyer controversially claimed he should be seen as an “inspiration,” despite the court’s findings. The legal battle adds another layer to the ongoing discourse surrounding consent and accountability in sexual assault cases in Australia.
As this story develops, all eyes will be on Lehrmann’s next steps, including a potential appeal to the High Court. The implications of this case continue to resonate across Australia, raising critical questions about consent and the treatment of survivors in the legal system.
Stay tuned for further updates as the situation unfolds, and share your thoughts on this significant ruling.
