A top silk acting in defamation proceedings involving Bruce Lehrmann has demanded to know why crucial CCTV depicting Mr Lehrmann and Brittany Higgins at Parliament House on the night of her alleged rape has not been disclosed in a subpoena.
Documents from numerous parties – including author Peter FitzSimons, publisher Penguin Random House and ABC journalist Laura Tingle – are being subpoenaed in Federal Court defamation proceedings lodged by the former political staffer against Network 10, journalist Lisa Wilkinson and the ABC.
On Friday, the court was told Parliament House ‘did not have’ some of the CCTV from the night of March 22, 2019 which captured the pair together in Canberra.
Sue Chrysanthou SC, acting for Ms Wilkinson, noted some of the footage had already been broadcast.
CCTV showing Brice Lehrmann and Brittany Higgins at Parliament House on the night of her alleged rape was aired on Channel Seven
Bruce Lehrmann (pictured) is suing Lisa Wilkinson and the ABC for defamation over broadcasts he claims defamed him by suggesting he raped Brittany Higgins at Parliament House
‘(It’s) concerning there isn’t full production (of the footage),’ she said.
‘Given the relevance of the footage to the facts in issue between the parties, we think there should be some explanation as to why that material hasn’t been produced.’
Mr Lehrmann is suing Network 10 and Ms Wilkinson over their coverage in 2021 of Ms Higgins’ allegations.
While he was not named in the initial reports, Mr Lehrmann claims he was still identified by the media companies and there were four defamatory meanings in their publication implying he raped Ms Higgins at Parliament House in March 2019.
He has denied all allegations.
Mr Lehrmann is also suing the ABC over its live broadcast of Ms Higgins’ address to the National Press Club in February 2022, claiming the broadcast implied he had raped Ms Higgins.
Mr Lehrmann was not named in the speech.
During a case management hearing on Friday, the court was told Mr FitzSimons – a high profile journalist and Ms Wilkinson’s husband – along with Ms Tingle, who presented the NPC address the subject of the ABC’s defamation proceedings, were being subpoenaed to produce documents.
Ms Chrysanthou said she was ‘concerned’ Parliament House said they did not have the crucial CCTV on the night of the alleged rape.
Brittany Higgins (pictured) went public with her allegations against former colleague Bruce Lerhmann in 2021
The court was told the Department of Parliamentary Services would be making a further application as to why the material had not been produced on a later date.
Ms Chrysanthou indicated she wished to pursue them over this as some of the footage had already been broadcast by Channel 7’s Spotlight in their exclusive interview with Mr Lehrmann last month.
The court was also told there were disputes about several subpoenas that had been issued.
One involved discussions between Mr FitzSimons and Ms Higgins over a lucrative book deal understood to be worth more than $325,000.
Ms Chrysanthou questioned the relevance of including these discussions as the publications of Ms Higgins’ rape allegation did not happen until February 2021, and the alleged book deal occurred well after.
The court was also told Ms Higgins raised the rape allegation within ‘days’ of the alleged incident.
‘How is it … a book deal has anything, or could possibly have anything to do with (her) credit,’ Ms Chrysanthou asked.
Federal Court Justice Michael Lee allowed the subpoena, stating it was ‘sufficiently relevant’ to the proceedings.
A further case management hearing has been scheduled for July 17.
Sue Chrysanthou SC told the court she was ‘concerned’ Parliament House said they did not have the crucial CCTV on the night of the alleged rape
In May, Mr Lehrmann dropped a defamation lawsuit against News Corp’s News Life Media and journalist Samantha Maiden.
News Life Media did not have to make an apology or pay damages, and the articles of concern have remained online.
Mr Lehrmann’s Supreme Court trial in the ACT last year was aborted due to juror misconduct.
He had pleaded not guilty to sexually assaulting Ms Higgins.
The charges were subsequently dropped by the Director of Public Prosecutions, who declined to pursue a retrial over concerns of Ms Higgins’ mental health.
Mr Lehrmann has continued to deny the allegations.
Bruce Lehrmann is suing Network 10 and journalist Lisa Wilkinson (pictured with husband Peter FitzSimons)
***
Read more at DailyMail.co.uk