Bruce Lehrmann Takes Legal Action Against Documentary Producers
Bruce Lehrmann has formally served a concerns notice to the producers behind the documentary Silenced, which features interviews with Brittany Higgins and Amber Heard. The film, which premiered at the Sundance Film Festival in Utah earlier this month, examines how defamation laws can potentially prevent abuse victims from speaking publicly about their experiences.
Legal Demands and Fair Trial Concerns
Lehrmann's lawyer, Zali Burrows, has dispatched the concerns notice requesting a complete copy of the documentary, a full transcript, and the immediate removal of all promotional materials. In the notice, which has been reviewed by NewsWire, Ms Burrows stated the action was necessary to 'preserve Lehrmann's right to a fair trial' in separate criminal proceedings currently underway in Queensland.
The legal document alleges the documentary 'prejudices the jury pool' regarding Lehrmann's upcoming trial on two charges of rape stemming from an alleged incident in Toowoomba in October 2021. Lehrmann maintains his innocence and denies both charges.
Background of Legal Battles
This development follows Lehrmann's unsuccessful defamation case last April, when Federal Court Justice Michael Lee ruled on the balance of probabilities that Lehrmann had raped his former colleague, Brittany Higgins, at Parliament House in 2019. The former Liberal staffer has since lost an appeal and is seeking leave to challenge the decision in the High Court.
In her detailed statement, Ms Burrows expressed concern that viewers might interpret the documentary as 'an accurate, nonfiction and true report of matters'. She specifically highlighted that audiences could mistakenly believe Lehrmann initiated defamation proceedings against Ms Higgins 'to silence her from publicly giving her version of events' regarding the alleged 2019 rape.
Documentary Content and Production Details
Silenced is based on Australian human rights lawyer Jennifer Robinson's book #HowManyMoreWomen, with Robinson featuring prominently throughout the film. The documentary juxtaposes Brittany Higgins' experiences with Amber Heard's recollections of her legal battles against ex-husband Johnny Depp.
During her interview for the documentary, Ms Higgins discussed her involvement in four government reviews since publicly accusing Lehrmann of rape in 2021, along with a criminal trial, civil cases, and a government inquiry into police conduct. The former parliamentary staffer expressed exhaustion and questioned whether filing her rape complaint was the right personal decision.
Publication Risks and Legal Strategy
When Ms Higgins' story was initially interviewed for Robinson's book during Lehrmann's 2022 rape trial, publishers intentionally redacted portions to avoid prejudicing jurors. Had the full story been published at that time, there was significant risk of influencing jury perceptions before any verdict was reached.
According to reports, Lehrmann's all-female legal team, led by Gabriella Rubagotti, established contact with Johnny Depp's legal counsel prior to sending the concerns notice. They requested copies of the documentary along with interview notes and transcripts, indicating a comprehensive legal strategy.
Documentary's Stated Purpose
The Sundance Festival website describes Silenced as revealing 'a global pattern: When women speak out, powerful systems move to discredit and punish them'. The film's promotional materials position it as an examination of how defamation laws can be weaponized against survivors following the #MeToo movement's breakthrough in addressing gender violence.
Historical Context of Higgins' Allegations
Brittany Higgins first entered the public spotlight when she accused Lehrmann of rape during a televised interview with Lisa Wilkinson, before completing her police statement and before her claims underwent court testing. She voluntarily waived her right to anonymity throughout Lehrmann's 2022 criminal case and has spoken publicly about her assault on multiple occasions.
The original criminal case collapsed due to jury misconduct, after which the ACT Director of Public Prosecutions dropped the sexual assault charge entirely, citing concerns for Ms Higgins' mental health. Lehrmann subsequently sued Channel Ten for defamation over the broadcast of Higgins' rape allegations, a case he ultimately lost.
