Bruce Lehrmann’s failed defamation suit against Network Ten and Lisa Wilkinson can be summarised in 16 damning words.
In a historic decision on Monday, Federal Court Justice Michael Lee found that Ten and Wilkinson had proved Mr Lehrmann did rape his then-colleague Brittany Higgins in Parliament House in 2019.
Concluding his judgement, Justice Lee revealed the big “mistake” made by Mr Lehrmann in relation to the proceedings.
“Having escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat,” Justice Lee said.
Mr Lehrmann’s October 2022 criminal trial in the ACT Supreme Court was abandoned following juror misconduct. The charges against him were later completely dropped, with prosecutors saying a retrial would pose an “unacceptable risk” to Ms Higgins’ mental health. He has continually denied raping Ms Higgins.
It is important to note today’s finding does not amount to a criminal conviction.
But, by pursuing defamation proceedings against Ten and Wilkinson over an interview with Ms Higgins broadcast on The Project in February 2021, Mr Lehrmann essentially cut off his nose to spite his face.
“Mr Lehrmann behaved disgracefully. He defended the criminal charge on a false basis, lied to police, and then allowed that lie to go uncorrected before the jury,” Justice Lee wrote in his judgement.
“He instructed his unwitting and hence blameless senior counsel to cross-examine a complainant of sexual assault, in two legal proceedings, on a knowingly false premise.”
Justice Lee said he was satisfied that Ten and Wilkinson had proved to the civil standard, on the balance of probabilities, that Mr Lehrmann raped Ms Higgins in the office of their then-boss, Linda Reynolds.
“Mr Lehrmann raped Ms Higgins,” Justice Lee found.
“I consider it more likely than not in those early hours, after a long night of conviviality and drinking and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hellbent on having sex with a woman he: a) found sexually; b) had been mutually passionately kissing and touching; c) had encouraged to drink, and; d) knew had reduced inhibitions because she was very drunk.
“In his pursuit of gratification, he did not care one way or the other whether Ms Higgins understood or agreed to what was going on.”
After Justice Lee delivered his decision, Ms Wilkinson read from a short statement outside the court.
“Today the Federal Court has found that I published a true story about a rape in a Federal Minister’s office at Parliament in March of 2019,” she said.
“I sincerely hope this judgement gives strength to women around the country.”