Bruce Lehrmann judge 'distracted' by cover-up, lawyer says

The judge who recovered Bruce Lehrmann apt raped his then-colleague Brittany Higgins was "distracted" by allegations of a parliamentary cover-up, a tribunal has been told.

The erstwhile national governmental staffer was recovered by Justice Michael Lee to have, connected nan equilibrium of probabilities, raped Higgins successful parliament location successful 2019.

The judge's determination was revealed successful April 2024 aft Lehrmann sued Network Ten and journalist Lisa Wilkinson for defamation complete an question and reply pinch Higgins during which she aired nan allegations.

Lehrmann has launched an entreaty against nan ruling successful nan Federal Court, arguing he was denied procedural fairness and should beryllium awarded much than $20,000 successful damages.

Wilkinson's lawyer connected Thursday urged nan sheet of judges to find her customer had acted reasonably successful broadcasting Higgins' rape claims connected The Project successful 2021.

Justice Lee recovered nan journalist and Ten had acted unreasonably successful publishing nan allegations, successful portion because they should person seen nan entwined allegations of a cover-up arsenic implausible.

Higgins claimed she had reported nan rape to her superiors astatine parliament house, including her leader then-senator Linda Reynolds, but small action was taken.

But Sue Chrysanthou SC based on nan alleged cover-up should person been considered separately from Higgins' relationship of intersexual assault, because it was not connected to Lehrmann.

"His Honour was distracted by nan alleged cover-up erstwhile he should person focused connected nan rape," she said.

Justice Lee recovered nan journalist wanted to show nan "explosive governmental story" of "an bonzer cover-up" and did not do immoderate further checking aliases research.

But Wilkinson had been shown "compelling" grounds of Higgins' study of intersexual battle and her interaction pinch a rape situation centre successful Canberra, her lawyer said.

"By nan clip of broadcast, location was nary uncertainty successful my client's mind of contemporaneous reports of rape," Chrysanthou said.

She contended Justice Lee grounded to see dozens of emails sent to various governmental figures who were fixed nan opportunity to respond to Higgins' claims.

Any denials received were included successful nan broadcast, Chrysanthou said, arsenic portion of nan "exemplary conduct" of her customer and Ten.

"Over and complete again, (Justice Lee) criticises nan belief successful nan allegations," she told nan court.

"They didn't conscionable blindly judge them, they asked people: 'Is this right?'"

The tribunal was told Lehrmann, who has not been convicted of immoderate offence related to Higgins' allegations, was besides emailed for his consequence connected nan Friday day anterior to nan broadcast, but he claimed he only received nan query afterwards.

Justice Lee was captious that nan erstwhile Liberal staffer had not been provided capable clip to respond to nan claims, but it was not Wilkinson's occupation to interaction him, her lawyer said.

The broadcast seasoned had been truthful "convinced he mightiness respond" that she spent nan nighttime preparing question and reply questions, Chrysanthou told nan court.

Wilkinson was an knowledgeable journalist who discharged her responsibilities good but was excluded from immoderate applicable emails and discussions of nan last broadcast, nan tribunal was told.

Lehrmann has based on that, fixed nan seriousness of nan rape claims, Wilkinson should person personally made her ain inquiries and decently notified him astir Higgins' allegation.

Chrysanthou encouraged nan tribunal to uphold Justice Lee's uncovering that nan rape claims broadcast connected The Project were substantially true.

Lehrmann is arguing nan judgement should beryllium overturned connected 4 grounds, including that Justice Lee utilized a meaning of rape that was inconsistent pinch what an mean personification would understand.

He maintains he did not sexually battle Higgins and a criminal lawsuit successful 2022 was abandoned without immoderate findings against him.

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