A high silk appearing in defamation proceedings involving Bruce Lehrmann has demanded to know why essential CCTV depicting Mr Lehrmann and Brittany Higgins at Parliament House on the night time of her alleged rape has not been disclosed in a subpoena.
Numerous events – together with creator Peter FitzSimons, writer Penguin Random House and ABC journalist Laura Tingle – are being subpoenaed in Federal Court defamation proceedings lodged by the previous political staffer towards Network 10, journalist Lisa Wilkinson and the ABC.
On Friday, the courtroom was informed Parliament House “did not have” among the CCTV from the night time of March 22, 2019 which captured the pair collectively in Canberra.
Sue Chrysanthou SC, appearing for Ms Wilkinson, famous among the footage had already been broadcast.
“(It’s) concerning there isn’t full production (of the footage),” she stated.
“Given the relevance of the footage to the facts in issue between the parties, we think there should be some explanation as to why that material hasn’t been produced.”
Mr Lehrmann is suing Network 10 and Ms Wilkinson over their protection in 2021 of Ms Higgins’ allegations.
While he was not named within the preliminary experiences, Mr Lehrmann claims he was nonetheless recognized by the media firms and there have been 4 defamatory meanings of their publication implying he raped Ms Higgins at Parliament House in March 2019.
He has denied all allegations.
Mr Lehrmann can be suing the ABC over it’s dwell broadcast of Ms Higgins’ handle to the National Press Club in February 2022, claiming the printed implied he had raped Ms Higgins.
Mr Lehrmann was not named within the speech.
During a case administration listening to on Friday, the courtroom was informed Mr FitzSimons – a excessive profile journalist and Ms Wilkinson’s husband – together with Ms Tingle, who introduced the NPC handle the topic of the ABC’s defamation proceedings, could be subpoenaed to present proof within the upcoming trial.
Ms Chrysanthou stated she was “concerned” Parliament House stated they didn’t have the essential CCTV on the night time of the alleged rape.
The courtroom was informed the Department of Parliamentary Services could be making an additional software as to why the fabric had not been produced on a later date.
Ms Chrysanthou indicated she wished to pursue them over this as among the footage had already been broadcast by Channel 7’s Spotlight of their unique interview with Mr Lehrmann final month.
The courtroom was additionally informed there have been disputes about a number of subpoenas that had been issued.
One concerned discussions between Mr FitzSimons and Ms Higgins over a profitable guide deal understood to be value greater than $325,000.
Ms Chrysanthou questioned the relevance of together with these discussions because the publications of Ms Higgins’ rape allegation didn’t occur till February 2021, and the alleged guide deal occurred properly after.
The courtroom was additionally informed Ms Higgins raised the rape allegation inside “days” of the alleged incident.
“How is it … a book deal has anything, or could possibly have anything to do with (her) credit,” Ms Chrysanthou requested.
Federal Court Justice Michael Lee allowed the subpoena, stating it was “sufficiently relevant” to the proceedings.
An additional case administration listening to has been scheduled for July 17.
In May, Mr Lehrmann dropped a defamation lawsuit towards News Corp’s News Life Media and journalist Samantha Maiden.
News Life Media didn’t must express regret or pay damages, and the articles of concern have remained on-line.
Mr Lehrmann’s Supreme Court trial within the ACT final 12 months was aborted as a result of juror misconduct.
He had pleaded not responsible to sexually assaulting Ms Higgins.
The costs have been subsequently dropped by the Director of Public Prosecutions, who declined to pursue a retrial over issues of Ms Higgins’ psychological well being.
Mr Lehrmann has continued to disclaim the allegations.
Source: www.news.com.au
