Bruce Lehrmann, Brittany Higgins prepare to take the stand in defamation trial

In the opening day of the defamation trial, Mr Lehrmann’s barrister Matthew Richardson SC slammed the program, described Brittany Higgins as “unreliable” and said her account was “riddled with inconsistencies.

“That brings me now to damages,’’ he told the Federal Court.

“I’ll remind the court of the viewership of 725,000 views on the night, about 200,000 more views or more than slightly more than that on the internet up until 30 June 2021.

“Obviously, many persons who viewed it initially would not have identified my client, but the poison would have spread.”

Channel Ten is relying on a truth defence and Ms Higgins and Mr Lehrmann will be called to give evidence.

Mr Richardson SC said the program, which did not name Bruce Lehrmann, had destroyed his reputation.

“My client has been publicly maligned as certainly the most prominent rapist, probably one of the more revolting predators of the recent history of this country,’’ he said.

He argued that the publication that seared the story into the “national consciousness” was the TV interview between the complainant and Ms Wilkinson.

“Carefully edited your honour to emphasise the emotion of the complainant…the denunciation of my client as the most odious of predators accompanied as your honour will have heard by sinister sound effects as you know a horror movie interlude and with melancholy piano sounds as well.

“Mr. Lehrmann has lost everything, as your honour will hear.”

“The fact that the prosecutor decided at the end of last year not to press ahead with criminal charges, something the prosecutor only made plain with some apparent reluctance I might say, has not stopped the haemorrhaging.

“A substantial award of damages would be called for a company by written judgement, particularly critical in this case, vindicating Mr Lehrmann.

“Don’t ask me how I got them”

Earlier, Mr Richardson said that The Project had obtained contact details for Mr Lehrmann from Ms Higgins’ partner David Sharaz, who had told the journalist, “Don’t ask me how I got them”.

But he suggested that Ms Wilkinson was not involved in contacting Mr Lehrmann for comment.

“And then she says that she was made aware throughout the weekend that responses were being received,’’ Mr Richardson SC said.

“We read that you are in effect saying, ‘If you Channel 10 are in trouble on this point. We are not going to die on that hill with you.

“That’s what appears to be the case.”

Former Liberal staffer gives evidence

The first witness called was former Liberal staffer Karly Abbott ,who Ms Higgins has previously said she had discussed the alleged rape with later in 2019.

Ms Abbott said she knew something was going on during Senate estimates in October, 2019 because Ms Higgins kept going into Senator Michaelia Cash’s office but denied she was aware of a sexual assault allegation.

Ms Abbott “absolutely” rejected this account and insisted that she only knew of a security incident involving the pair that had led to the termination of Mr Lehrmann’s employment.

“Can I suggest this to you, that she discussed with you the fact that she had been sexually assaulted by Mr Lehrmnann at Parliament House when she was working for Minister Reynolds,’’ Channel Ten’s barrister Matt Collins KC said.

“Absolutely not,’’ Ms Abbott replied.

“And I suggest that you said to Ms. Higgins, you will ‘make sure this never gets out. This is just yours.”

“Absolutely not,’’ Ms Abbott replied.

When the story first broke in 2021, Ms Abbott said her reaction was “WTF”.

Brittany Higgins’ credibility under fire

Earlier, Mr Lehrmann’s lawyer Matthew Richardson SC also questioned Ms Higgins’ credibility, revealing he would leave evidence about “inconsistencies” in her evidence-in-chief and cross-examination during Mr Lehrmann’s criminal trial.

“Inconsistencies and improbabilities have accumulated and they are sufficient to render Ms Higgins an unreliable witness,’’ he said.

“Her account about the purchase of alcohol … her attendance at medical appointments … the matter in which material on her phone came to be deleted, these have a material and adverse effect on her credibility.”

Mr Richardson told the court that while Channel Ten would argue that inconsistent statements could be typical of a sexual assault victim, that there was no such thing as a a typical reaction.

“It may be readily accepted there is no perfect victim and that confusion may occur, but a delay in reporting and significantly changed and objectively false statements are also consistent with a false complaint,” he said.

“Victims who fabricate allegations do this as well.”

Mr Lehrmann “destroyed” by interview

Opening his arguments in court this morning, Mr Lehrmann’s barrister Matthew Richardson SC said his client’s life had been upended.

“Our client comes here seeking vindication for the defamation that has utterly destroyed him. He comes here for justice,’’ Mr Richardson said.

“He understands that he can’t persuade everybody. But following the withdrawal of the criminal proceedings against him he brings these proceedings against his most prominent accusers, Channel 10 And Lisa Wilkinson and The Project, he comes here to the Federal Court.

“He will say what happened to him. He will submit himself to cross examination, and he will seek vindication and compensation.”

In submissions to the Federal Court, Mr Lehrman’s lawyer argued he was readily identifiable despite not being named.

“It’s clear right from the start, where Channel Ten stands. Ms Higgins is portrayed in an entirely positive way.

“Essentially she is canonised by this program with Ms Wilkinson. She has held up as the epitome of truthfulness and decency, not a scintilla of doubt is applied to any aspect of her complaint or allegations. The message is plain. What she says has happened.”

Defamation trial to be live-streamed

Earlier, the Federal Court’s Justice Michael Lee ruled the defamation trial against Channel Ten would be live streamed to the public on YouTube.

Justice Lee rejected the network’s concerns it could prejudice his looming rape trial in Queensland.

Crucially, he noted that it was Mr Lehrmann’s preference that the entire matter be live streamed and that his legal team had not objected to the matter being freely available to any member of the public.

Instead, it was Channel Ten that is representing The Project program and Lisa Wilkinson that raised objections including that it might involve a risk to Mr Lehrmann’s matter in Toowoomba.

“It seems to be the optimal way of achieving open justice is for the existing online court file to be maintained and live streaming to continue subject to me being persuaded to adopt an exceptional and different course for any specific aspect of the evidence,’’ Justice Lee said.

“Network Ten’s asserted concerns for Mr Lehrmann’s right to a fair trial are misdirected. Mr Lehrmann’s preference is for the hearing to be live streamed.”

Mr Lehrmann’s lawyers have indicated he will contest the Queensland matter which relates to a night out in Toowoomba in 2021, while he was awaiting trial in the Brittany Higgins case.

He is expected to contest the charges but has not yet formally pleaded because he has not yet been committed for trial.

Justice Lee said the principle of open justice required the matter to be livestreamed in the normal way.

“It is well established that the openness of the judicial branch of government in this country is a basic democratic right, which courts should actively support,’’ Justice Lee said.

“The public interest in open justice inform central aspects of the common law procedure is enshrined in numerous substantive rules.

“The open justice principle finds reflection in the requirement to conduct hearings in public and allow the public to have access to the evidence produced to the extent suppression or non publication orders are required. To be made.

“On a practical level, the live streaming of proceedings of public interest recognises that interest interested persons may be unable for geographical and other reasons to attend court physically, and that practical facilities for large number of persons to observe hearings in person are limited.”

Channel Ten’s four concerns

Channel Ten had raised four concerns that the circumstances to be examined in the trial had received an extraordinary level of public attention over several years, including on social media, which has been intrusive, offensive and no doubt distressing to its targets.

The network argued it was inevitable members of the public will breach the court’s prohibition on making and recording screenshots.

“And the main concern of this reality may have a distorting effect on participants in the trial, which to the personal safety and well being of participants in the trial are seen to extend to counsel,’’ Justice Lee said.

“Secondly, the fact that preceding concerns and alleged sexual assault are set to be highly relevant.

“Thirdly, there seemed to be an inherent risk of an uncontrolled live stream at the trial.

“Fourthly, Network 10 relies on Mr Lehrmann and having recently having been recently identified publicly as having been charged with two sexual offences in relation to events alleged to have taken place. in Toowoomba, Queensland in October 2021.

“I’ve reached the clear view that the administration of justice is best served and facilitated by the court adopting the now common course of live streaming the hearing of this case and rejecting networking’s proposed alternative orders.

“Having said this, if during the trial, a party or witness urges the court to reconsider where there should be live streaming of a particular limited aspect of the evidence, I will allow such an argument to be made.”

Mr Lehrmann settles defamation case with ABC

Earlier, the Federal Court heard that Mr Lehrmann has settled his defamation case with the ABC over Brittany Higgins’ speech to the national press club with Grace Tame.

The former Liberal staffer had accused the ABC of prejudicing the trial against him by broadcasting Brittany Higgins’ nationally televised address.

However, the ABC’s barrister Matt Collins KC told the Federal Court this morning that “the matter has settled.”

The defamation trial involving Channel Ten and Lisa Wilkinson will proceed this week as planned.

In documents filed with the Federal Court, Mr Lehrmann had argued the the ABC’s actions were so reckless it “amounted to wilful blindness and constituted malice”.

His legal team argued the broadcast defamed him by implying he raped Ms Higgins on a couch in a ministerial office at Parliament House in 2019.

Mr Lehrmann previously pleaded not guilty to one charge of sexual assault before the trial was aborted due to jury misconduct.