Bruce Lehrmann case: The one witness who won BIG from blockbuster defamation ... trends now

Bruce Lehrmann case: The one witness who won BIG from blockbuster defamation ... trends now
Bruce Lehrmann case: The one witness who won BIG from blockbuster defamation ... trends now

Bruce Lehrmann case: The one witness who won BIG from blockbuster defamation ... trends now

Bruce Lehrmann has lost his defamation case against Network 10 and Lisa Wilkinson, and Brittany Higgins' allegations have been vindicated by a civil court. 

But they weren't the only ones to win and lose from the case Justice Michael Lee described on Thursday as an 'omnishambles' - and one that has left a trail of destruction through the worlds of Australian media and politics. 

In a landmark judgment on Monday, Justice Lee was scathing of almost all the main players in the case.

Mr Lehrmann copped the most of his ire, described as someone who deliberately lied to the court and a rapist who had overplayed his hand - memorably finding he made a mistake after his criminal trial ended without a verdict.

'After escaping the lion’s den, Bruce Lehrmann made the mistake to come back for his hat,' Justice Lee quipped. 

But Ms Higgins was criticised as an unreliable and 'unsatisfactory' witness whose version of events had shifted as time passed.  

Now that a judgement has been handed down, Daily Mail Australia examines the winners and losers of the case which gripped the nation - and what comes next for the main players.

Bruce Lehrmann has lost his defamation case against Network 10 and Lisa Wilkinson - but the winners and losers of the messy case are not clear cut

Bruce Lehrmann has lost his defamation case against Network 10 and Lisa Wilkinson - but the winners and losers of the messy case are not clear cut

Ms Wilkinson appeared ecstatic as she left court with her high-powered legal team

Ms Wilkinson appeared ecstatic as she left court with her high-powered legal team

WINNERS

Fiona Brown 

Fiona Brown, Linda Reynolds' former chief of staff, was one of the only witnesses in the case to receive a large amount of praise from Justice Lee during his judgement on Monday. 

Ms Brown, who had been Mr Lehrmann and Ms Higgins' boss, had shown 'integrity' in her handling of Ms Higgins' case, Justice Lee found.

The staffer had resisted political pressure to report Ms Higgins' incident to the Federal Police, the judge said.  

'Despite Ms Brown facing sustained pressure from her Minister and one of the Minister’s colleagues to report the incident to the AFP – even though she was unsure an allegation was then being made of rape and irrespective of the wishes of Ms Higgins – she pushed back.' 

The judge said Ms Brown may have adopted the cautious view that sex or something untoward may have happened between Ms Higgins and Mr Lehrmann in March 2019.

'She showed integrity in resisting pressure she subjectively considered inappropriate and evinced a concern for the autonomy and welfare of Ms Higgins,' he said.

'In these circumstances, to be later vilified as an unfeeling apparatchik willing to throw up roadblocks in covering up criminal conduct at the behest of one’s political overlords must be worse than galling.'

The judge said he 'unhesitatingly' preferred Ms Brown's evidence over Ms Higgins and Mr Lehrmann's.

But he noted she did make one mistake in the early days of the allegations - her 'failure to recognise the inappropriateness of holding the initial meeting with Senator Reynolds in the Minister’s office was maladroit,' Justice Lee said.

Maladroit means clumsy, or inept.  

'But whatever shortcomings can be identified (including with the benefit of hindsight), she ensured she took considered advice from those in whom she reposed confidence, recorded, and acted upon that advice and, subject to the above, showed commonsense and compassion by her own lights,' he added.

Ms Brown had shown 'integrity' in Ms Higgins' case and for her to later be vilified 'must be worse than galling', the judge said

Ms Brown had shown 'integrity' in Ms Higgins' case and for her to later be vilified 'must be worse than galling', the judge said

BRITTANY HIGGINS 

For the first time since going public with her allegations in 2021, Ms Higgins has been vindicated, with the Federal Court finding that her evidence had the 'ring of truth.'

Justice Lee was unwavering in his findings that, on the basis of probabilities and to a civil standard of proof, Mr Lehrmann did rape Ms Higgins when they returned to Parliament House after a night of drinking in March 2019.

Mr Lehrmann has not been convicted of any crime - the criminal standard of proof is higher, beyond all reasonable doubt -  following the inconclusive result of the criminal trial. 

In spite of the clear win for Ms Higgins, she didn't walk away entirely unscathed. 

Justice Lee was critical of some of her decisions throughout the ordeal, describing her as an 'unsatisfactory' witness who wasn't always truthful.

However while Mr Lehrmann's untruths were described as deliberate in many aspects, Justice Lee was considerate of a sexual assault survivor's trauma responses. 

He said: 'Taking all my reservations as to the credibility and reliability of Ms Higgins into account, her evidence that she was not fully aware of her surroundings but then suddenly became aware of Mr Lehrmann on top of her, at which time he was performing the sexual act, when given orally before me, struck me forcefully as being credible and as having the ring of truth.'

For the first time since going public with her allegations in 2021, Ms Higgins has been vindicated with a conclusive judgement that she was telling the truth

For the first time since going public with her allegations in 2021, Ms Higgins has been vindicated with a conclusive judgement that she was telling the truth

LISA WILKINSON 

Lisa Wilkinson celebrated the ruling but her knowledge and experience as a journalist were called into question during Justice Lee's ruling - despite him ultimately finding in her favour.

The judge described Wilkinson as a 'polished and articulate witness' but added 'regrettably, these not inconsiderable skills were often deployed by her in the witness box to advocate for her views'.

The judge took aim at her speech at the Logie awards, which ultimately delayed Bruce Lehrmann's rape trial.

'Her refusal to make the obvious concession about the speech at the Logies ... conveyed the message that Ms Higgins was credible and to be believed and her rape allegations were correct,' he said.

The judge pointed out that she made the speech eight days before the criminal trial was due to begin and, given her experience as a journalist, she should have known better.

He accepted that Ms Wilkinson was 'sincere and genuine' in accepting the underlying truth of Ms Higgins' allegations, noting she described the story as 'the most important work I have ever done' in the offending speech.  

The judge said Wilkinson was linked to Ms Higgins and delivered the speech because she felt the need to stand up for her, rather

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