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Twist as Bruce Lehrmann, Brittany Higgins and Lisa Wilkinson may be called to testify at trial: ‘Clear battle lines’
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Bruce Lehrmann, Brittany Higgins and Lisa Wilkinson could be called to testify in person in a defamation trial.
Mr Lehrmann launched a libel action in March against Network 10 and Wilkinson, former host of The Project, following its 2021 broadcast of Ms Higgins’ rape allegations against him.
He then also launched a lawsuit against ABC following the live broadcast of a speech given by Ms Higgins at the National Press Club, during which she made the same allegations.
Mr. Lehrmann categorically denies these allegations.
Although he was not named as Ms Higgins’ alleged rapist on either show, Mr Lehrmann claims people in parliamentary circles were able to identify him.
The case has been before the Federal Court since Judge Michael Lee granted an extension of time earlier this year.
Brittany Higgins tweeted that she was ready to be a witness in a civil trial
The case was returned to court for a case management hearing on Monday, ahead of the trial which has been set for November 20 and is expected to last four weeks.
The court heard that there had been problems with the preparation of the case before the hearing, because lawyers for Mr Lehrmann had not received an affidavit from Ms Higgins.
But rather than asking them to provide affidavits to the court, Judge Lee said he wanted to hear Mr Lehrmann and Ms Higgins testify “viva voce”.
This means that both parties would present their main evidence orally rather than in writing to the court.
This is the first time Mr. Lehrmann will testify at trial. He did not appear on the stand during the criminal trial.
While the trial was originally set to hear only the case between Mr. Lehrmann and Network 10, Judge Lee decided on Monday that he would hear the two cases together.
“There are clear battle lines in this case, including a public interest defense in the ABC proceeding,” he told the court.
“I think I will hear both proceedings together.”
The court was told evidence at trial would also include expert witnesses who testified about “the reaction and responses of sexual assault victims”, as well as a toxicology expert who analyzed Ms Higgins and her “level of ‘intoxication’.
Lehrmann never testified in court about the rape allegations, which he has always denied.
Judge Lee said he had no idea any expert witnesses would testify and said he intended to determine whether the reports would be admissible before trial.
In May, Mr Lehrmann dropped his libel suit against News Corp’s News Life Media and journalist Samantha Maiden.
News Life Media did not have to apologize or pay damages, and the articles of concern remained online.
Mr Lehrmann’s trial in the ACT Supreme Court last year was halted due to juror misconduct. He had pleaded not guilty to sexually assaulting Ms Higgins.
The charges were later dropped by ACT’s Director of Public Prosecutions, who declined to proceed with a new trial due to concerns about Ms Higgins’ mental health.
Mr. Lehrmann continued to deny these allegations.