Bruce Lehrmann has not only lost his appeal against his failed defamation case against Network Ten and Lisa Wilkinson, but he’s also been ordered to pay their court costs.
Lehrmann was challenging Justice Michael Lee’s April 2024 ruling, which found he was not defamed by The Project’s 2021 interview with Brittany Higgins, in which she alleged she had been raped in Parliament House.
The appeal loss means Lehrmann – who is verging on bankruptcy – could be forced to pay $2 million in damages to Ten and Ms Wilkinson, as originally directed by Justice Lee.
In a judgment, read out by Justice Michael Wigney, the full court, consisting of Justices Wigney, Craig Colvin and Wendy Abraham, found that it “rejected Mr Lehrmann’s contention that the primary judge erred in finding that Network 10 and Ms Wilkinson had discharged their burden of proving that he had raped Ms Higgins.”
Justice Wigney went out to outline the reasons for the court’s dismissal on each of Lehrmann’s grounds of appeal.
It rejected his argument that the trial had been procedurally unfair. It found no error in the primary judge’s view of how an ordinary viewer of The Project would have understood the allegation.
It also upheld the conclusion that Network Ten and Lisa Wilkinson had successfully discharged their burden of proof in relation to the rape.
Finally, the court rejected his claim that he should have succeeded and been awarded damages far exceeding the $20,000 figure identified by the trial judge.
Lehrmann can still apply for special leave to appeal to the High Court, which is the final court of appeal in Australia. If that application is heard and dismissed, it would mark a second failed appeal in the entire process.
Network 10 has since reacted to the judgment, calling it a “triumph for truth”.
“It reiterates that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true.
“It remains a vindication for the courageous Brittany Higgins, who gave a voice to women across the nation.
“Network 10 remains firmly committed to honest, fair and independent journalism; to holding those in power to account; to giving people a voice who wouldn’t otherwise have one; and to always pursuing without fear or favour, journalism that is firmly in the public interest.”