The Full Court of the Federal Court has dismissed Bruce Lehrmann's appeal, definitively upholding the civil finding that he raped his then-colleague Brittany Higgins inside Parliament House in 2019.
Court Dismisses All Grounds of Appeal
On Wednesday, December 12, a full bench of three judges led by Justice Michael Wigney rejected Lehrmann's attempt to overturn the landmark April 2024 judgment. Justice Wigney, delivering the decision on behalf of the court, stated that the only reasonable inference from the evidence was that Lehrmann was aware Ms Higgins was not consenting to sex but proceeded regardless.
The court found that the original trial judge, Justice Michael Lee, had made no errors in his reasoning or procedure. "The Full Court has found that the way in which the primary judge dealt with and determined the proceedings was not procedurally unfair to Mr Lehrmann," Justice Wigney said.
Financial and Legal Repercussions Mount
This decision almost certainly means Lehrmann will now be liable for the multimillion-dollar legal costs incurred by Network Ten in defending the defamation case he brought against them and journalist Lisa Wilkinson. The court had previously paused an order for him to pay approximately $2 million in costs pending this appeal.
During the original trial, which was streamed live and watched by hundreds of thousands, Justice Lee found that Lehrmann was 'hell-bent on having sex' with a heavily intoxicated Ms Higgins, who was incapable of consenting. The judge accepted Network Ten's substantial truth defence, meaning the broadcast was not defamatory because it was proven, on the balance of probabilities, that the rape occurred.
Appeal Arguments Unsuccessful
During a two-day appeal hearing in August, Lehrmann's legal team argued four main grounds. These included claims that Justice Lee erred in upholding the truth defence and that he misconstrued the ordinary meaning of the word "rape." His solicitor, Zali Burrows, also argued he was denied natural justice because a case of "non-advertent recklessness" was not explicitly put to him during the trial.
The Full Court rejected all these arguments. Justice Wigney stated that the facts found by Justice Lee fell squarely within Ten's pleaded truth defence and that Lehrmann was well aware recklessness regarding consent was part of the case against him. The judges also affirmed that the conduct as found by Justice Lee did fall within the ordinary meaning of rape.
Lehrmann has always denied the sexual assault allegations. No criminal convictions have been made against him, as his 2022 criminal trial was abandoned due to juror misconduct and a retrial was not pursued.
He has also been ordered to pay Ten's legal costs for the appeal proceedings.
