Former political staffer Bruce Lehrmann has lost a legal bid to access copies of all footage from the documentary Silenced, which features Brittany Higgins alongside actress Amber Heard and lawyer Jennifer Robinson. Judge Deborah Richards ruled on Monday to set aside Lehrmann's subpoena for a copy of the documentary, all unused footage, and its schedule of distribution, finding the material was not currently relevant to his upcoming rape trial in Queensland.
Judge rules no legitimate forensic purpose
“There is no legitimate forensic purpose in this subpoena,” Judge Richards said. Lehrmann had subpoenaed the producers of Silenced and signalled a possible attempt to ban its broadcast before his trial. Stranger Than Fiction Films, the company behind the documentary, appeared in Queensland district court in Toowoomba on 18 June to respond to Lehrmann's demands.
Documentary focus and legal arguments
Silenced is a post-#MeToo movement documentary that “reveals how defamation laws are weaponised to silence survivors,” according to Stranger Than Fiction Films’ court filings. The film features Higgins as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard. Stranger Than Fiction Films’ barrister Dauid Sibtain argued against the subpoena, saying Silenced did not make reference to Lehrmann’s upcoming trial. “We say it was an abuse of process,” Sibtain said. “It lacks a legitimate forensic purpose.”
Lehrmann's legal team's position
Lehrmann’s solicitor Zali Burrows told Judge Richards she had subpoenaed copies of the film and any “raw unedited b-roll” footage that may be used to promote its release. “Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows said. Judge Richards had heard the film could be prejudicial to potential jurors for Lehrmann’s rape trial in Queensland as they could be reminded of his prior court cases. “The promotion of the broadcast is likely to confuse the potential jury pool what (Higgins) is alluding to or saying about her experience,” Burrows previously said.
Lehrmann's upcoming trial and background
Lehrmann, 30, is set to stand trial from 2 November, accused of twice raping a woman at a house in regional Queensland in 2021. He has yet to enter a plea but has previously said via his solicitor he will contest the charges. Former colleague Brittany Higgins has previously been part of other legal actions involving Lehrmann. Silenced’s “behind-the-headlines interviews reveal how the legal system is being used to victimise, discredit and ruin survivors,” the Sydney film festival has stated.
Costs and further proceedings
Sibtain said earlier this month the film was already screening and Lehrmann’s prior court cases had already been the subject of extensive media reporting. Stranger Than Fiction Films has sought costs from Lehrmann. The documentary's producers argued the subpoena was an abuse of process, and the judge's ruling supports that position.
