Bruce Lehrmann’s lawyer has accused Network Ten of intimidating his client, who she says is “without a doubt the most hated man in Australia”, by trying to block his Federal Court appeal.
Lehrmann is trying to appeal a ruling in his failed libel case against Ten and journalist Lisa Wilkinson that, on the balance of probabilities, he raped his colleague Brittany Higgins in Parliament in 2019.
Mr. Lehrmann’s criminal trial was abandoned without any findings against him and he maintains his innocence.
Ten is asking for $200,000 in security to cover his legal costs if Mr Lehrmann loses the appeal, and Mr Lehrmann is asking for a stay of the $2 million costs order against him.
Lehmann’s lawyer, Zali Burrows, told the court her client was “destroyed” by the experience and should be given the opportunity to appeal.
“Mr Lehrmann is arguably the most hated man in Australia… he will forever be labeled a rapist,” Burrows said.
She said he no longer has job options.
“The only way to make money would be to go on OnlyFans or something silly like that,” Burrows said.
“I am seeking the court’s discretion and understanding to at least allow him to appeal.”
Bruce Lehrmann’s lawyer Zali Burrows told the Federal Court he is “the most hated man in Australia”. (AAP: Mick Tsikas)
The court heard that Mr Lehrmann’s lack of money is a live issue in the case.
“We are all proceeding on the basis that there will be no recovery,” said Ten’s attorney, Matthew Collins.
But he said there was currently agreement not to take any action on the bankruptcy while the appeal was being resolved.
Burrows told the court that demanding security amounted to intimidation because Ten knew he would not be able to come up with the money.
She also defended the grounds of appeal challenging the entire Federal Court decision against Mr. Lehrmann.
The court heard competing claims over whether Mr Lehrmann received a bankruptcy notice over the cost of his failed defamation case
Collins told the court that Lehrmann, who did not appear in court on Monday, was personally served with the papers in August.
But Lehrmann’s lawyer, Zali Burrows, told the court that did not happen and she believed there was only an attempt to serve documents on Lehrmann’s mother.
‘He had 26 days in court’
Network Ten’s lawyer, Matthew Collins KC, argued in court that two of Mr Lehrmann’s four grounds of appeal were “futile”. (AAP: Steven Saphore)
Mr. Lehrmann’s appeal challenged the entirety of the Federal Court’s decision.
Dr Collins told the court on Monday that two of the grounds of appeal were hopeless, but two others were “weakly” arguable.
Those two grounds were that Judge Michael Lee was wrong when he said that Ten and Lisa Wilkinson successfully defended their case on the basis of truth, and in his assessment of damages at “just $20,000” if the case had been successful.
Collins told the court there was ample evidence in the transcripts showing that Network Ten had successfully argued its defense of the truth.
He said Mr. Lerhmann was ably represented in the case.
“He had 26 days in court when the findings of fact went against him,” Dr. Collins said.
The court heard that Lehrmann became “impeccable” after losing his job at British American Tobacco when his situation became known.
Much of Lehrmann’s defamation case revolved around an interview Brittany Higgins gave to The Project. (Provided: Rede Dez)
Collins said it was unreasonable to blame only Network Ten and Ms Wilkinson when the main cause of her initial suspension from work was an article published on news.com.au earlier on the day of the broadcast.
“The truck was coming toward Mr. Lehrmann in the form of the program that night…but the cause of his poverty cannot be attributed to the interviewees,” said Dr. Collins.
Dr. Collins said it was Mr. Lehrmann who continued the story.
“He opened the case… asked for the matter to be judged according to a civil standard,” he said.
Wilkinson’s lawyer, Sue Chrysanthou, also argued against proceeding with the appeal, saying he was given the opportunity and that his lack of funds should not be used to pave the way for him to retry the case.
“His lack of resources did not deprive him of having his day in court,” Chrysanthou said.
“Why should he have another day in court at the defendants’ expense?”
Lisa Wilkinson’s lawyer, Sue Chrysanthou (right), argued that Mr Lehrmann’s appeal should not proceed. (AAP: Mick Tsikas)
But Ms Burrows said the network had to take responsibility for disseminating the information.
“It’s not a matter of they just did the program and that was it,” Burrows said.
She said the following media coverage and the enormous public interest in the case worsened Mr. Lehrmann’s situation.
“The effect of this is that it really destroyed my client,” Burrows said.
She said he did not attend Monday’s hearing because of his mental health and personal safety, in light of the media outside the courtroom.
The court heard the $200,000 costs order was calculated at a three-day hearing.
Collins said if one day was cut from the hearing, it would only reduce the cost to $180,000 because of the costs associated with preparation.
Judge Wendy Abraham reserved her decision.
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