Bruce Lehrmann's Defamation Appeal Ends Abruptly with Justice Reserving Decision

The defamation appeal of Bruce Lehrmann, a former Liberal staffer, against Network Ten's interview with Brittany Higgins on The Project, has ended abruptly with the justices reserving their decision. The appeal, which commenced on Wednesday, was to challenge Justice Michael Lee's April 2024 defamation judgment. Lehrmann's lawyer, Zali Burrows, presented complex legal arguments before the full bench of the federal court, but struggled at times to articulate them.

Key Takeaways:

• Lehrmann's lawyer, Zali Burrows, argued that Justice Michael Lee's finding that Lehrmann was not defamed by Lisa Wilkinson and Network 10 was based on a "soft rape" narrative, which she claimed was different from the "forceful" rape alleged against Lehrmann.
• Burrows presented Lehrmann as a victim, seeking to substantially increase his damages if he wins on appeal, citing vilification in traditional and social media.
• Lehrmann's appeal was based on four grounds, including a claim that Lee came up with "his own version" of how the alleged rape occurred, which Burrows argued was a different case from the original allegations.
• Burrows struggled to articulate complex legal arguments, leading some extraordinary courtroom scenes, with the justices politely making allowances and explaining law and procedure.
• The uneven match between the parties produced some extraordinary courtroom scenes, with Ten's silk, Dr Matt Collins KC, dismissing Lehrmann's argument as "misconceived" and "a distraction".
• Burrows asked the court to adjourn multiple times to prepare her verbal submissions, but was refused each time, leading to some tense exchanges between her and the justices.

Statistics:

• The appeal was based on four grounds, including a claim that Justice Michael Lee came up with "his own version" of how the alleged rape occurred.
• The defamation judgment was made in April 2024.
• Lehrmann's lawyer, Zali Burrows, has no experience in defamation law.
• The trial was delayed by six months to accommodate Guy Reynolds SC's schedule.
• Burrows apologized for her client's failure to retain a silk, and seemed to struggle at times to articulate complex legal arguments.
• The justices reserved their decision on Lehrmann's appeal, with no date set for their verdict.

Sources:

• Bruce Lehrmann's Defamation Appeal
• Justice Michael Lee's defamation judgment
• Network Ten's interview with Brittany Higgins on The Project
• Federal Court of Australia's YouTube channel