Bruce Lehrmann, the former Liberal staffer, has failed in his bid to secure an interim restraining order against Daily Mail journalist Karleigh Smith, whom he accuses of stalking. The application was rejected by Magistrate Marica Duvnjak in Hobart Magistrates Court on Tuesday.
Lehrmann's lawyer, Zali Burrows, alleged that Smith and a photographer followed her client in a car, including on a dirt road, in a manner she described as dangerous and outside normal journalistic practice. Burrows argued the stalking had exacerbated Lehrmann's mental health issues.
Smith's lawyer, Nic Edmondson, opposed the interim order, citing a journalistic exemption under the stalking legal definition. He noted Smith had only visited Tasmania once, for the report, and was entitled to follow Lehrmann and take photos. The magistrate was not satisfied an interim order was appropriate, pointing out Smith had not returned to Tasmania since the story.
The matter stems from a Daily Mail Australia article published on 1 July, headlined 'We found the despised party boy hiding at the end of the Earth,' with Smith's byline. Lehrmann has also raised concerns that Smith allegedly engaged a law firm previously used by him, which he says holds confidential information. The case is set for a hearing in November, where Lehrmann is expected to give evidence.
