Network Ten and News Corp will search to show former Liberal Party staffer Bruce Lehrmann raped his then-colleague Brittany Higgins of their defences towards a defamation declare.
Lehrmann launched defamation motion towards Network Ten and News Corp for his or her February 2021 protection of rape allegations made by his former colleague.
Ten will depend on the “substantial imbalance of power” between Lehrmann and Higgins whereas they labored within the workplace of then-defence minister Linda Reynolds.
The community will declare Lehrmann “was sexually attracted” to Higgins and “attempted to kiss” her within the days main as much as the alleged rape.
Its defence will depend on Lehrmann’s “lies, inconsistencies and consciousness of guilt”, together with his differing explanations for going to Parliament House on the evening of the alleged rape.
Lehrmann additionally missed six calls from his then-girlfriend that evening, which the community references as being a “consciousness of guilt for having raped” Higgins.
Ten will defend its publishing of Higgins’ allegations as being within the public curiosity due to Lehrmann’s position as a senior ministerial advisor.
Lawyers say the media firm made “reasonable attempts” to contact Lehrmann to acquire his facet of the story earlier than the interview went to air however he didn’t reply.
“Had Lehrmann responded to Ten’s attempts to contact him, Ten would have included Lehrmann’s side of the story, by including his response or the substance of his response, in the matters complained of,” the defence says.
Ten additionally denies it recognized Lehrmann within the unique report.
NewsLifeMedia, writer of news.com.au, whose political editor Samantha Maiden can also be named within the swimsuit, equally mentioned Lehrmann was not recognized.
The firm mentioned nothing had been supplied to help Lehrmann’s allegation, which it denies, that it acted with reckless indifference about whether or not the claims have been true.
Lehrmann was not contacted earlier than publication however News mentioned it was not essential to contact him as a result of he was not being recognized, had already declined to remark to Ten and later informed police he had no intention to answer media inquiries.
The defences come as Lehrmann seeks permission to run the instances, filed in February, greater than a yr after the publications – nicely outdoors the limitation interval legally required in defamation disputes.
In a case administration listening to earlier than Justice Michael Lee on Wednesday, barrister Steven Whybrow SC mentioned Lehrmann waited to file the case on authorized recommendation due to the continuing prison case and his psychological well being.
Ten’s barrister Matthew Collins KC argued the courtroom ought to toss the instances as a result of Lehrmann failed to stay “shtum” or depend on his proper to silence throughout the prison trial.
Wilkinson’s barrister Sue Chrysanthou SC additionally opposed the extension, saying there was a “gap of many months” between the publications airing in February 2021 and expenses being introduced in August.
If Lehrmann was involved about defamation, he may have completed one thing throughout that interval, she mentioned.
The extension of time utility will probably be heard on March 16.
Statements of declare for Lehrmann filed within the defamation motion mentioned his private popularity had been broken by the allegations.
Lehrmann has persistently denied the allegations.
His prison trial within the ACT Supreme Court was derailed final yr due to juror misconduct.
The prosecutor later dropped the fees due to the affect a second trial would have on Higgins’ psychological well being.
The ACT authorities has launched an impartial inquiry into the dealing with of Ms Higgins’ rape allegations by police, prosecutors and a sufferer’s help service.
Source: www.9news.com.au
