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Bruce Lehrmann loses bid to clear name on Brittany Higgins rape claim

2 days ago

Disgraced former political staffer Bruce Lehrmann has lost his bid to overturn a court finding that he probably raped his colleague Brittany Higgins in Parliament House The 30yearold suffered a bruising owngoal after suing Network Ten and journalist Lisa Wilkinson for defamation over an interview with Ms Higgins on The Project in 2021 Justice Michael Lee in April 2024 found Higgins claims that Lehrmann had raped her inside Parliament House in 2019 were established on the balance of probabilities Know the news with the 7NEWS app Download today Arrow Lehrmann appealed the finding during a twoday hearing in August arguing the judge had erred in finding Ten and Wilkinson had legally justified the imputation of rape On Wednesday the Full Court of the Federal Court dismissed the appeal and upheld the original ruling The court has found the primary judge did not err in any of the ways alleged by Mr Lehrmann Justice Michael Wigney said Lehrmann did not appear in court for the decision and was instead represented by his lawyer Zali Burrows He is expected to apply for special leave to appeal the Full Court decision in the High Court The appeal judges on Wednesday dismissed Burrows arguments that Lehrmann was denied procedural fairness because Justice Lees factual findings differed from the case run by Ten She argued during the appeal that Lehrmann had been taken by surprise that the judge found he committed a nonviolent rape the was not put to him in crossexamination But the ruling depicted a violent rape Tens lawyer Matt Collins KC argued labelling the suggestion that Lehrmann may have given different testimony as astonishing He said Lehrmann had been quizzed on the main facts of the case found by Justice Lee that sex took place Higgins did not consent and 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 The appeal judges one of whom had expressed confusion about the term nonviolent rape dismissed Burrows arguments and reaffirmed the ruling by Justice Lee The definition of rape used by the judge in his decision became an issue during the appeal hearing with Ms Burrows arguing it was inconsistent with an ordinary persons understanding For their part Ten and Wilkinson urged the appeal judges to find that Lehrmann was not only reckless to Higgins consent as Justice Lee found but knew she didnt consent However the Full Court found that the definition of rape used by Justice Lee fell within the ordinary meaning of rape They rejected Burrows claims that Lehrmann would be entitled to more than 20000 in damages if his appeal is successful because he has become a national joke as a result of the allegation Lehrmann raped Higgins when he knew she was seriously intoxicated continued raping her when she became aware and left her in a state of undress Dr Collins told the court That is not a man with any reputation in respect of sexual morality that would warrant compensation he said The appeal loss means Lehrmann who is verging on bankruptcy could be forced to pay 2 million in damages to Ten and Wilkinson as originally directed by Justice Lee Lehrmann has continued to deny he sexually assaulted Higgins in 2019 and a criminal case against him in 2022 was abandoned without any findings against him In his headlinegrabbing decision in April 2024 the judge quipped Having escaped the lions den Mr Lehrmann made the mistake of going back for his hat If you or someone you know is impacted by sexual assault domestic or family violence call 1800RESPECT on 1800 737 732 or visit 1800RESPECTorgauIn an emergency call 000 Advice and counselling for men concerned about their use of family violence Mens Referral Service 1300 766 491

Adelaide Lang

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