bourbiza mohamed
Good morning
Welcome to reside protection of the Bruce Lehrmann defamation trial because it reopens to listen to recent proof.
Justice Michael Lee is ready to listen to the brand new proof immediately after permitting Channel Ten to current extra proof in its defence of the defamation case introduced by Lehrmann.
The proof of a brand new witness – the previous Seven producer Taylor Auerbach – will now be examined immediately, the day the judgment was initially as a result of be handed down.
To recap: Lehrmann is suing Lisa Wilkinson and her employer Community Ten for an interview with Higgins that was broadcast on The Venture in 2021. He alleges the story, which didn’t identify him, defamed him by suggesting he raped Higgins in 2019.
Lehrmann has at all times denied the rape allegation and, in a earlier legal trial, pleaded not responsible to at least one cost of sexual activity with out consent. He denied that any sexual exercise had occurred.
The legal trial was aborted after it was found a juror had carried out their very own analysis in relation to the case.
In December 2022 prosecutors dropped costs in opposition to Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable danger” to her well being.
Key occasions
Seven requested to offer affidavit on why paperwork weren’t initially produced
The decide has requested Seven to offer an affidavit explaining why the paperwork supplied to the court docket immediately weren’t produced initially in response to the subpoenas from Ten previous to the case starting.
Justice Lee requested Seven’s attorneys whether or not they had been proposing to offer an evidence for why the data was not supplied initially.
A lawyer representing Seven informed the court docket: “We weren’t proposing to offer your honour with any rationalization, additional searches have been undertaken over the past two days with the advantage of the data Mr Auerbach has supplied in his affidavit.”
The decide pushed the attorneys, saying he had been “very punctilious within the case” relating to the subpoenas that had been issued previous to the case starting.
Seven’s lawyer stated: “We don’t need to say something in relation to that.”
Lee ordered somebody from Seven to offer an affidavit explaining why the paperwork had not been supplied earlier.
Trial reopens for the day
The primary day of the reopened defamation case introduced by Bruce Lehrmann in opposition to Community Ten earlier than Justice Michael Lee has begun within the federal court docket.
First up is counsel for the Seven Community, who has handed the federal court docket a bundle of paperwork in reply to a subpoena from Community Ten in 2023.
On Tuesday Lee ordered the community to return two subpoenas it acquired in June and August referring to any paperwork they might have obtained from Lehrmann for the Highlight program.
In its unique response to the subpoena from Ten to supply paperwork Seven stated “there aren’t any written communications or information of communications to supply pursuant to the subpoena”.
Why has the Bruce Lehrmann defamation case reopened?
Counsel for the respondent, Community Ten, raised questions in an emergency late evening listening to on Tuesday about whether or not elements of Bruce Lehrmann’s proof within the federal court docket defamation case could have been false, arguing that “recent proof” wanted testing.
The primary two issues relate to how a lot Seven spent on wooing Lehrmann and what confidential materials from his legal trial, if any, Lehrmann handed over to Seven.
The allegations by Taylor Auerbach which have grabbed headlines relate to a declare that Seven paid 1000’s of {dollars} for massages, medication, intercourse staff, lodging and meals for Lehrmann whereas they tried to get him over the road for an unique interview. The allegations are but to be examined by the court docket.
Whereas not unlawful, Seven has at all times insisted Lehrmann was not paid, it solely helped with lodging throughout filming and Lehrmann solely declared the $104,000 in rental lodging he was paid.
Ten alleges that Lehrmann and Seven haven’t been sincere in regards to the monetary advantages acquired by the interviewee.
The attainable provide of any paperwork to Seven is related to the defamation case as a result of Seven, Lehrmann and Lehrmann’s counsel have all denied something handed between them.
If confirmed, the proof might go each to Lehrmann’s credibility and lift questions as as to if he abused the court docket course of, which can have an effect on the quantum of any damages he’s awarded ought to his declare achieve success.
Dr Matt Collins KC, for Ten, raised questions earlier than Justice Lee about whether or not Lehrmann could have given false directions to his solicitors and whether or not he could have dedicated “a really severe contempt by offering materials topic to an implied enterprise to Seven”.
Ten alleges in its submission that Lehrmann has “within the conduct of this continuing, engaged in an excessive abuse of course of”, given proof that was “wilfully false” and “dedicated a disgraceful contempt that warrants a referral for prosecution”.
Learn extra right here:
Federal court docket of Australia to livestream the case on YouTube
This weblog will cowl main developments through the day. Within the pursuits of open justice and as a result of important public curiosity, the federal court docket is livestreaming this case.
You may watch the Bruce Lehrmann defamation trial reside stream on YouTube right here, ranging from 9.30am.
How the Bruce Lehrmann defamation case unfolded
In 2021, the Liberal staffer Brittany Higgins made an explosive allegation, claiming she had been raped two years earlier on a minister’s sofa in Parliament Home.
She made the declare in an interview with information.com.au and a tv interview which was aired by Channel Ten’s The Venture on 15 February.
The media retailers didn’t identify the alleged rapist, however Higgins’ colleague Bruce Lehrmann later claimed he was identifiable and sued information.com.au, Channel Ten and its presenter Lisa Wilkinson for defamation.
Lehrmann maintains his innocence, and at his legal trial in 2022 pleaded not responsible to at least one cost of sexual activity with out consent, denying that any sexual exercise had occurred.
After his legal trial was aborted in December 2022, prosecutors dropped costs in opposition to Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable danger” to her well being. Lehrmann then pursued Ten and Wilkinson within the courts, leading to a five-week defamation trial which ran till simply earlier than Christmas.
Click on beneath to learn extra about how the story has performed out to date.
Good morning
Welcome to reside protection of the Bruce Lehrmann defamation trial because it reopens to listen to recent proof.
Justice Michael Lee is ready to listen to the brand new proof immediately after permitting Channel Ten to current extra proof in its defence of the defamation case introduced by Lehrmann.
The proof of a brand new witness – the previous Seven producer Taylor Auerbach – will now be examined immediately, the day the judgment was initially as a result of be handed down.
To recap: Lehrmann is suing Lisa Wilkinson and her employer Community Ten for an interview with Higgins that was broadcast on The Venture in 2021. He alleges the story, which didn’t identify him, defamed him by suggesting he raped Higgins in 2019.
Lehrmann has at all times denied the rape allegation and, in a earlier legal trial, pleaded not responsible to at least one cost of sexual activity with out consent. He denied that any sexual exercise had occurred.
The legal trial was aborted after it was found a juror had carried out their very own analysis in relation to the case.
In December 2022 prosecutors dropped costs in opposition to Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable danger” to her well being.
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