Sunrise host Matt Shirvington has asked the question on the minds of many Australians after Bruce Lehrmann lost his defamation case against Network Ten and journalist Lisa Wilkinson.
On Monday, Lehrmann was found most likely to have raped Brittany Higgins, but Federal Court Justice Michael Lee did not rule on the costs of running the case, estimated to be about $10million.
Speaking to Channel Ten’s lawyer Justin Quill on Tuesday morning, Shirvington asked how much Lehrmann – who initiated legal proceedings against Ten and other media outlets – will be liable to pay after his stunning own-goal.
‘You’d know better than anyone, Justin, wouldn’t you, the cost of a case like this. What sort of legal costs potentially will Bruce Lehrmann be facing?’ he asked.
Mr Quill said the costs Lehrmann is facing ‘will be significant’, adding that Justice Lee had asked for submissions from both sides about their costs before he rules on who should pay what.
‘That order… I would be reasonably confident, will be in Ten’s favour and perhaps on an indemnity basis which means Ten would be entitled to all of its costs back.
On Monday, Bruce Lehrmann was found most likely to have raped Brittany Higgins (pictured), but Justice Michael Lee did not rule on costs, estimated to be in the vicinity of $10million
Bruce Lehrmann (pictured) made no comment to media as he left the court on Monday
‘Whether they’re able to recover those costs is another thing and will depend by and large on Bruce Lehrmann’s means,’ he said.
Mr Quill also explained the difference between a civil and criminal finding. Lehrmann’s legal action for defamation was a civil case.
‘Probably one of the biggest differences… is that Bruce Lehrmann is at home, waking up at home this morning, and not waking up in prison,’ he said.
‘The other difference is the standard of proof … instead of beyond a reasonable doubt, it’s balance of probabilities, so it is more probable than not that the rape occurred.
‘So it is a lower standard and that’s important to remember, but still ultimately (the judge) found that Bruce Lehrmann raped Brittany Higgins.’
The Channel 10 lawyer also spoke about the case on Monday in the immediate aftermath of Judge Lee’s ruling, saying it was an ‘unmitigated disaster’ for Lehrmann.
Mr Quill said the result was a warning for other prospective plaintiffs looking to ‘make a quick buck’.
‘You can come up with a con that might get you through a TV interview, or an interview with your bosses, or down at the pub with your mates,’ he said.
‘But when you come to the court and you are cross-examined and forensically examined, you can’t get away with it.’
When it was pointed out that Lehrmann is currently studying law, Mr Quill suggested he should switch to ‘another degree’.
In his ruling, Judge Lee said ‘It is more likely than not that Mr Lehrmann’s state of mind was such that he was so intent upon gratification to be indifferent to Ms Higgins’ consent’.
‘And hence (he) went ahead with sexual intercourse without caring. Mr Lehrmann raped Ms Higgins.’
Requiring a lower threshold for proof than a criminal trial, the civil ruling does not mean Lehrmann has been convicted of any offence.
Lehrmann made no comment to media as he left the court.
Channel 10 lawyer Justin Quill (pictured right) spoke with Sunrise host Matt ‘Shirvo’ Shirvington (left) on Tuesday morning and said the costs Bruce Lehrmann is facing ‘will be significant’
Prime Minister Anthony Albanese was asked about the case on ABC Radio Melbourne on Tuesday morning and said he had ‘every sympathy for the experience that Brittany Higgins has gone through’.
‘It’s been extraordinarily difficult for her. The Federal Court, of course, has made these findings yesterday. What’s clear is that everyone has a right to be safe at work.’
1800RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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