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Bruce Lehrmann’s ongoing effort to restore his reputation faced another setback after his attempt to overturn a court ruling was denied. The ruling had concluded that he likely raped his colleague, Brittany Higgins.
The 30-year-old faced a significant legal blow when he filed a defamation lawsuit against Network Ten and journalist Lisa Wilkinson. This lawsuit stemmed from a 2021 interview on The Project with Higgins, where the allegations were discussed.
In April 2024, Justice Michael Lee determined that the claims made by Higgins—that Lehrmann raped her at Parliament House in 2019—were substantiated on the balance of probabilities.
Lehrmann challenged this decision in a two-day hearing held in August, contending that the judge had mistakenly found that Ten and Wilkinson had legally justified the rape allegations during the broadcast.
However, on Wednesday, the Full Court of the Federal Court dismissed his appeal, upholding the original decision.
“The court has found the primary judge did not err in any of the ways alleged by Mr Lehrmann,” Justice Michael Wigney said.
Lehrmann did not appear in court for the decision and was instead represented by his lawyer Zali Burrows.
Outside court, she said her client was “overwhelmed” by the decision and would seek advice on applying for special leave to contest the ruling in the High Court.
“I hope Bruce is seen as an inspiration to those who say they’ve been wrongly accused,” she said.
“It’s not the end of it in respect of his pursuit for justice.”
Lehrmann has continued to deny he sexually assaulted Higgins in 2019, and a criminal case against him in 2022 was abandoned without any findings against him.
The appeal loss means the 30-year-old – who is on the verge of bankruptcy – could be forced to pay $2 million in damages to Ten and Wilkinson, as originally directed by Justice Lee.
He was also ordered on Wednesday to foot the bill for the legal costs accrued by Ten and Wilkinson during the appeal.
When pressed on whether he would be able to pay, Burrows said he was hoping to receive support from benefactors.
The appeal judges dismissed Burrows’ arguments that Lehrmann was denied procedural fairness because Justice Lee’s factual findings differed from the case run by Ten.
Justice Lee’s initial findings had been “resoundingly endorsed” by the Full Court ruling, a spokesperson for Ten noted.
“The judgment remains a triumph for truth and reiterates that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true,” they said.
“It remains a vindication for the courageous Brittany Higgins who gave a voice to women across the nation.”
The network’s former star journalist Wilkinson was “utterly delighted with the result” and happy it had been handed down before the end of the year, her lawyer Sue Chrysanthou SC said outside the courthouse.
Burrows argued during the appeal that Lehrmann had been “taken by surprise” that the judge found he committed a “non-violent rape” and that was not put to him in cross-examination.
But the facts found by Justice Lee aligned with the case argued by Ten and Ms Wilkinson, and Lehrmann was “well and truly aware” their case included claims he had been reckless as to her consent, the Full Court ruled.
It accepted submissions from Ten and Wilkinson that Justice Lee should have gone further and concluded that Lehrmann knew she would not consent to having sex.
In his headline-grabbing decision last year, Justice Lee quipped: “Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat.”