Bruce Lehrmann's defamation trial twist: How did we get here?

The decision in Bruce Lehrmann’s defamation case against Network Ten and journalist Lisa Wilkinson was due to be handed down this week, but the case has now been reopened over fresh evidence.

Former political staffer Bruce Lehrmann has taken defamation action against Network Ten and journalist Lisa Wilkinson. Source: AAP / Bianca De Marchi

This article contains references to sexual assault.

Former political staffer Bruce Lehrmann was due to learn on Thursday whether he had been successful in one of Australia's highest-profile defamation cases, but there has been a delay in the verdict.

Lehrmann is suing Network Ten and journalist Lisa Wilkinson over a 2021 interview, during which Brittany Higgins alleged she had been raped in Parliament House in 2019.

Lehrmann was not named in the interview, but he alleges he was identifiable and that the interview defamed him.

Justice Michael Lee was due to hand down his decision over the defamation case today, but the verdict was delayed and the court will instead hear new evidence.

Here's how we got to this point.

What is Bruce Lehrmann's defamation case about?

Lehrmann claims a segment aired on Ten's The Project in February 2021 defamed him and destroyed his reputation by reporting Higgins' claims she had been raped in Parliament House in 2019.

Bruce Lehrmann was not named in The Project interview, and he has always denied the rape allegation and maintained his innocence, and is seeking extensive damages.

The defamation trial was held over 22 days in 2023, and included around 15,000 pages of transcript and 1000 separate exhibits, including hours of CCTV footage as well as audio and video recordings.

The trial's YouTube livestream was at times watched by almost 14,000 viewers.

Journalist Lisa Wilkinson (right) arrives with her lawyer Sue Chrysanthou (left) at the Federal Court of Australia in Sydney on Thursday. Source: AAP / Dean Lewins

Ten and Wilkinson ran three defences, saying the ex-Liberal staffer was not identifiable in the report, that it was true the alleged rape occurred, and that they acted reasonably in publishing a news report of public interest.

Witnesses who gave evidence include Higgins' family, staff members from Parliament House, police officers who investigated the allegations, a forensic toxicologist and a British lip reader.

Lehrmann and Higgins each gave testimony over several days.

Lehrmann previously sued both News.com.au and the Australian Broadcasting Corporation for defamation over their related reporting on Higgins' allegations.

Why has the Bruce Lehrmann defamation verdict been delayed?

The court will hear fresh evidence from former Channel Seven producer Taylor Auerbach about an interview with Lehrmann on the network's Spotlight program.

In three affidavits filed with the Federal Court, Auerbach claimed Lehrmann leaked private and confidential texts from Higgins, sending them to Seven ahead of the Spotlight interview.

Auerbach is expected to testify in court that Lehrmann leaked confidential texts from Higgins to Seven in breach of what is known as the Harman undertaking, which sought to ensure evidence from the abandoned criminal case against him was not used for other purposes.

Former Seven network Spotlight producer Taylor Auerbach has been called to give evidence in the defamation case brought by ex-Liberal staffer Bruce Lehrmann against the Ten network and journalist Lisa Wilkinson. Source: AAP / Dean Lewins

In his affidavit, Auerbach claims Lehrmann supplied Seven with material on a paid golf trip to Tasmania as well as at a property rented for the ex-staffer by the network in Sydney's eastern suburbs.

Lehrmann previously denied in court providing any material to Seven other than his recorded interview.

Auerbach also said in his affidavit Seven paid tens of thousands of dollars to Lehrmann, including reimbursing him for "illicit drugs and prostitutes" and covering costs for expensive dinners, plane flights and accommodation.

Seven has denied the allegations, labelling them "false and misleading".

Justice Lee accepted Ten's last-minute bid to admit fresh evidence, saying it could change the determination of the case.

Will it change the verdict?

Lee said the evidence may change the determination of the case and agreed with Ten that it went further than merely a question of credit.

It also drew into question whether Lehrmann had abused the court process, Ten's barrister Matthew Collins KC said.

Collins, who described Ten's bid as "unusual and exceptional", further accused Lehrmann of giving his barristers instructions "that must have been wrong".

His barristers had previously told Ten and the court the undertaking concerning Higgins' messages had not been breached.

"This is not a trivial matter," Collins said.

"If the (producer) evidence is accepted, our submission will be it's a very serious matter."

What happened in Bruce Lehrmann's criminal trial?

Lehrmann pleaded not guilty to one charge of sexual intercourse without consent.

His trial began in October 2022 and was aborted over juror misconduct.

Lehrmann has always maintained his innocence and consistently denied raping Brittany Higgins.

Prosecutors later dropped the charge over fears for Higgins' welfare.

If this story has raised any issues for you, help is available at Lifeline on 13 11 14.

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