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Former federal Liberal political staffer Bruce Lehrmann faces another tense day in the Federal Court witness box after being cross-examined at length about his movements in the hours before he allegedly raped his then-colleague Brittany Higgins in Parliament House.
On Friday, the third day of his high-stakes defamation case against Network Ten and journalist Lisa Wilkinson, Lehrmann was taken to CCTV footage from The Dock hotel in Canberra showing him talking and drinking with Higgins on March 22, 2019, hours before the alleged rape.
Bruce Lehrmann arrives at the Federal Court in Sydney on Monday.Credit: Dominic Lorrimer
Lehrmann is suing Ten and Wilkinson over an interview with Higgins, his former colleague – aired on The Project in February 2021 – which he alleges defamed him by suggesting he raped Higgins in then-defence industry minister Linda Reynolds’ office in the early hours of March 23, 2019.
‘My mind is blank’
Under cross-examination by Ten’s barrister, Dr Matt Collins, KC, in the Federal Court in Sydney on Friday, Lehrmann initially said he did not recall buying Higgins two vodka drinks at The Dock.
Shortly after, he told the court he was “struggling” and his “mind is blank”. At the suggestion of Justice Michael Lee, the court took a 15-minute break.
CCTV showing Bruce Lehrmann and Brittany Higgins at The Dock in Canberra on March 22, 2019.Credit: Spotlight, Channel Seven
After the break, Lehrmann said he had recalled buying Higgins a drink. He admitted his previous evidence that he had only bought a drink for a male friend was wrong.
The court was shown CCTV footage in which Lehrmann placed three drinks in front of Higgins at The Dock and gestured towards them.
Collins put to Lehrmann that he said “all hers, all hers” to another staffer. Lehrmann denied saying those words, but said he did not recall what he said.
“You were encouraging Ms Higgins to get drunk?” Collins asked.
“No,” Lehrmann replied.
He disagreed that about 11.50pm he gestured towards a drink and told her: “Drink that all now.”
He also disagreed that Higgins responded, “I don’t want to” before he said, “Come on, you’re not leaving that.”
The footage showed Higgins skolled the drink. Lehrmann agreed that it appeared the footage showed Higgins consumed six spirit-based drinks between his arrival after 8.30pm and 11.49pm.
‘Pash’ denied
Lehrmann denied he “pashed” Higgins while sitting in a booth that night at a second bar, 88mph.
“You never pashed her at any time?” Collins asked.
“No,” Lehrmann replied.
The court heard Lehrmann suggested on Seven’s Spotlight program that a staffer present on the night had made up a claim he kissed Higgins.
“Do you want to withdraw that accusation?” Collins asked.
“No, I stand by that,” Lehrmann said. The kiss claim was raised in Lehrmann’s ACT criminal trial for sexual assault but ultimately not pursued.
The trial was aborted in October last year due to juror misconduct and the charge was later dropped altogether amid concerns about Higgins’ mental health.
Sexual assault denied
Lehrmann said on Friday he told Higgins and two other staffers at 88mph that he needed to return to Parliament House to pick up his apartment keys. At the time, he lived in Barton with his then-girlfriend. Higgins joined him in an Uber.
Lehrmann repeatedly denied having sex with Higgins on the couch in Reynolds’ office, saying it “did not happen”.
“I didn’t get consent because I didn’t have sexual intercourse with her,” Lehrmann said.
He said he did not see Higgins again once he went to his desk to get his keys and do some work on question time briefs, and did not ask her later what time she left the office.
He admitted lying to security guards and later to Reynolds’ then chief of staff about why he returned to the office that night.
Truth defence
If the court finds Lehrmann was identified by the broadcast, which did not name him, Ten and Wilkinson admit the interview conveyed the central claim of rape and are seeking to rely in part on a truth defence.
Higgins is expected to give evidence later this week.
Wilkinson’s setback in costs fight
Separately, Wilkinson lost a preliminary skirmish on Friday in her bid to force her employer, Ten, to pay her legal bills in the Lehrmann defamation case.
Lisa Wilkinson leaves court on Friday flanked by her barrister Sue Chrysanthou, SC, left, and Ten’s barrister, Matt Collins, KC, right.Credit: James Brickwood
While media companies typically cover their employees’ legal costs and any damages order arising out of litigation related to their employment, the high-profile journalist opted to engage separate lawyers to Ten. Her legal team is headed by Sue Chrysanthou, SC, while Ten’s team is led by the Melbourne-based Dr Matt Collins, KC.
Wilkinson filed NSW Supreme Court proceedings against Ten last month, seeking court orders that it pay $723,555 up front to cover her legal costs to September.
However, Ten argues it was not reasonable or necessary for Wilkinson to obtain separate legal representation.
Ten succeeded on Friday in its application to have the dispute transferred from the Supreme Court to the Federal Court, to be dealt with alongside other costs issues at the end of the case. Wilkinson was ordered to pay Ten’s costs of that application.
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