Former political staffer Bruce Lehrmann has suffered a significant legal defeat, losing his appeal against a defamation ruling and now faces the prospect of financial ruin. Despite this setback, he intends to pursue a final appeal to the High Court of Australia.
The Appeal and the Alleged Errors
The appeal hearing took place over two days in August, with Lehrmann represented by criminal lawyer Zali Burrows. Ms Burrows argued before the panel of judges that the original judgment by Justice Michael Lee in April 2024 was rife with errors and resulted in a denial of procedural fairness.
She contended that her client was taken by surprise because the judge found the rape, which Lehrmann continues to deny, occurred in a 'particular way' that was not put to him during evidence. Justice Lee had determined the rape was 'non-violent', a concept questioned by Justice Craig Colvin during proceedings.
Ms Burrows asserted this amounted to 'a really unfair denial of natural justice'. However, Justice Michael Wigney noted that as Lehrmann had denied any sexual intercourse took place, questioning him on specific details would have been pointless.
Reputation and Damages
Zali Burrows painted a stark picture of the consequences for her client, telling the court the judgment and subsequent media attention had made Lehrmann 'probably the most damaged man in Australia'. She claimed commentary from Channel Ten and Lisa Wilkinson led to a flood of hateful social media comments, rendering him 'a national joke' and 'Australia's most hated man'.
Part of the appeal focused on the level of damages. Justice Lee had previously ruled that, if defamed, Lehrmann would only be entitled to $20,000. Ms Burrows argued this sum was inadequate to address the severe reputational damage from what she termed a false rape allegation, advocating for a much higher figure.
Legal History and Next Steps
The defamation case stemmed from a 2021 interview on Network Ten's The Project, where Brittany Higgins claimed Lehrmann raped her in Parliament House in 2019. Justice Lee found in April 2024 that Ms Higgins' claims were substantially true, stating Lehrmann had been so 'hell-bent' on sex he was reckless about consent.
This civil finding stands in contrast to the unresolved criminal case. Lehrmann was tried for rape in the ACT Supreme Court in 2022, but the trial was abandoned due to juror misconduct. The ACT Director of Public Prosecutions later dropped the matter altogether, citing concerns for Ms Higgins' mental health, meaning there are no criminal findings against him.
Despite losing this appeal, Lehrmann's legal battle is not over. His legal team has confirmed plans to seek special leave to appeal to the High Court, aiming to overturn the damning defamation ruling that has defined his public standing.
