Former political staffer Bruce Lehrmann has lost a legal bid to access copies of all footage from a documentary featuring Brittany Higgins. Judge Deborah Richards on Monday ruled to set aside Lehrmann's subpoena for a copy of the documentary Silenced, all unused footage and its schedule of distribution, finding the material was not currently relevant to the upcoming trial.
Judge Rules No Legitimate Forensic Purpose
“There is no legitimate forensic purpose in this subpoena,” Richards said. Stranger Than Fiction Films, the company behind Silenced, appeared in Queensland district court in Toowoomba on 18 June to respond to Lehrmann’s demands. The documentary is a post #MeToo movement film that “reveals how defamation laws are weaponised to silence survivors,” according to Stranger Than Fiction Films’ court filings.
Arguments Against the Subpoena
Stranger Than Fiction Films’ barrister, Dauid Sibtain, had argued against the subpoena in court, saying Silenced did not make reference to Lehrmann’s upcoming trial. “We say it was an abuse of process,” Sibtain previously said. “It lacks a legitimate forensic purpose.”
Lehrmann’s solicitor, Zali Burrows, had told 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“Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows had said.
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. Lehrmann’s former colleague Brittany Higgins has previously been part of other legal actions involving Lehrmann.
Documentary Content and Potential Prejudice
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. Higgins was listed as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard. 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. 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.
Costs Sought
Stranger Than Fiction Films has sought costs from Lehrmann. Information and support for anyone affected by rape or sexual abuse is available from the following organisations. In Australia, support is available at Full Stop Australia (1800 385 578).
