More than three years after Brittany Higgins alleged on The Project that she had been raped, the defamation case stemming from that broadcast has come to an end.
A judge dismissed Bruce Lehrmann’s defamation case against Network Ten and journalist Lisa Wilkinson in April, finding on the balance of probabilities that Lehrmann raped Higgins in Parliament House.
Although the February 2021 broadcast did not name the person who allegedly raped her in 2019 in Linda Reynolds’ ministerial office, Higgins’ colleague Lehrmann later claimed he was identifiable.
Lehrmann vehemently denied the allegations and pleaded not guilty to one count of sexual intercourse without consent. An initial trial was aborted due to jury misconduct. Prosecutors dropped the charges against Lehrmann in December 2022 amid concerns about the impact a second trial could have on Higgins’ mental health.
But Monday’s decision in the defamation case case will not be the end of the long-running saga.
The night in March 2019 when Higgins alleges she was raped has spawned more than a dozen legal cases, judicial inquiries, reviews and federal investigations. Some have been suspended – but many are still ongoing.
Ongoing
1. R v Wonnocott
Criminal case
David Wonnocott was arrested by a counter-terrorism squad and charged after he allegedly made death threats to Higgins, her partner, David Sharaz, and their pet dog. The accused pleaded guilty on 26 February to using carriage service to threaten to kill and using carriage service to menace, harass or offend and is due to be sentenced at Lismore district court on 15 July.
2. Reynolds v Higgins
Defamation case
Reynolds is suing Higgins for defamation over an Instagram post that included a list of complaints against the senator. The Western Australia supreme court case is ongoing and is likely to head for trial after a closed-door mediation earlier this year failed.
3. Reynolds v Sharaz
Defamation case
Reynolds is suing Sharaz for defamation over tweets her lawyers claim caused damage that “cannot be underestimated”. The Western Australia supreme court case ongoing and heading to trial after mediation failed. Reynolds’ lawyer argued the cases against Sharaz and Higgins should be merged to prevent duplication and save money.
4. Auerbach v Seven
Contractual claim
In an affidavit read to the federal court during the Lehrmann defamation trial, Auerbach said he took legal advice to launch a contractual dispute with his former employer, Seven, after the publication of news.com.au articles in which Lehrmann allegedly made false claims about Auerbach. Auerbach issued a concerns notice to Seven on 27 March.
5. Auerbach v Lehrmann
Threatened defamation case
Auerbach, whose explosive allegations have led to the reopening of Lehrmann’s defamation case against Ten and Wilkinson, last week sent a concerns notice, the first step in defamation proceedings, to Lehrmann.
Potential other cases
1. National Anti-Corruption Commission investigation
The new anti-corruption watchdog is investigating allegations that sensitive documents tendered in the Lehrmann criminal trial were leaked to the media, after Network Ten made a complaint to ACT police in June. An NACC spokesperson said: “Investigations that had been commenced but not completed by Australian Commission for Law Enforcement Integrity as at 1 July 2023 are now continued by the Commission. To provide any further information could prejudice operational activities or the rights of individuals involved.”
2. ACT Integrity Commission investigation into Walter Sofronoff
In April, the ACT Integrity Commission confirmed it was assessing corruption allegations regarding Walter Sofronoff KC’s communications with the media during the course of the Board of Inquiry. The inquiry, which was headed by Sofronoff, was set up by the ACT government in December 2022 to examine how the police and the director of public prosecutions handled the Lehrmann criminal case.
Suspended, dropped or completed
1. Lehrmann v Network Ten and Wilkinson
Defamation case
Lehrmann alleged the news outlet The Project and former host Wilkinson defamed him in their initial reporting of Higgins’ allegations in February 2021. The verdict was delayed after the case was reopened so Network Ten could present fresh evidence from the former Seven producer Taylor Auerbach.
Outcome: Justice Michael Lee said the former Liberal staffer was not defamed by Wilkinson and Ten when The Project broadcast an interview with Brittany Higgins on Monday 15 February 2021 in which she alleged she was raped in Parliament House and found that on the balance of probabilities Lehrmann raped Higgins on the minister’s couch in Parliament House in 2019.
2. Gaetjens review
Prime ministerial inquiry
After Higgins went public with her story in 2021, the then prime minister Scott Morrison asked the secretary of the department of prime minister and cabinet, Phil Gaetjens, to investigate whether staff in his office had any knowledge of the alleged rape before it became public and, if so, when.
Outcome: The inquiry was suspended in August 2021 after Higgins was advised against participating on grounds it may be prejudicial to criminal proceedings.
3. R v Lehrmann
Criminal case
Lehrmann was accused of raping Higgins in Reynolds’ ministerial office in 2019. He vehemently denied the allegations and pleaded not guilty to one count of sexual intercourse without consent.
Outcome: An initial trial was aborted due to jury misconduct. Prosecutors dropped the charges against Lehrmann in December 2022 amid concerns about the impact a second trial could have on Higgins’ mental health.
4. Lehrmann v News Corp
Defamation case
Lehrmann alleged News Corp defamed him in its initial reporting of Higgins’ allegations.
Outcome: Lehrmann discontinued the proceedings in May 2023 after settling with the media outlet for what was later revealed to be $295,000. News.com.au has not apologised for or corrected its articles, but has added an editor’s note to the two stories Lehrmann sued over. The note refers to the defamation proceedings and says news.com does not suggest Lehrmann was guilty of a criminal charge of sexual assault.
5. Lehrmann v ABC
Defamation case
Lehrmann alleged the ABC defamed him when it broadcast Higgins’ full address to the National Press Club on 9 February 2022.
Outcome: The parties reached an out-of-court settlement the day before federal court defamation proceedings were due to begin in November 2023. Lehrmann received $150,000 towards legal costs.
6. Board of inquiry v ACT director of public prosecutions and police
Inquiry
An independent inquiry was set up by the ACT government in December 2022 to examine how the police and the director of public prosecutions handled the Lehrmann criminal case. The inquiry was headed by Walter Sofronoff KC, an eminent retired Queensland judge.
Outcome: The inquiry’s August 2023 report made “several serious findings of misconduct” against the outgoing ACT director of public prosecutions Shane Drumgold SC. It concluded that Drumgold “at times … lost objectivity and did not act with fairness and detachment” throughout the prosecution of Lehrmann for the alleged rape of Higgins.
7. Drumgold v Board of inquiry
Judicial review
After the Sofronoff inquiry’s report was released, Drumgold launched an application for judicial review of the findings, requesting that the report be quashed entirely or declared invalid and of no effect.
Outcome: In a partial victory for Drumgold, a supreme court in March ruled Sofronoff’s extensive communications with a columnist at The Australian newspaper gave rise to an impression of bias against him during the inquiry.
8. Reynolds v Patrick
Defamation case
Reynolds sued the journalist Aaron Patrick and publisher HarperCollins over a book that she alleged made defamatory statements about her response to Higgins’ rape allegations.
Outcome: Parties settled confidentially in April 2023 and it is unclear how much of the allegedly defamatory content has been removed.
9. Higgins v Reynolds
Defamation case
Higgins sued the then defence minister Reynolds for calling her former staffer a “lying cow” in remarks to her staff when the alleged rape became public.
Outcome: Reynolds apologised to Higgins and agreed to pay legal costs and make a donation to a sexual assault charity as part of the confidential March 2021 settlement.
10. Reynolds v ACT
Defamation case
Reynolds launched legal action against the ACT government and former chief prosecutor Drumgold in December over allegations Drumgold made in a letter to the Australian federal police accusing the senator of “disturbing conduct” during the Lehrmann trial.
Outcome: Reynolds was awarded $90,000 and an apology from the ACT government in March in a compromise settlement.
11. Higgins v The commonwealth
Personal injury claim
Higgins pursued a personal injury claim, including covering lost earning capacity, medical expenses and legal costs, against the commonwealth.
Outcome: The parties reached a settlement after a short mediation in December 2022. Court documents in December revealed Higgins received $2.445m including legal costs from the commonwealth.
12. Wilkinson v Ten
Civil claim
The Project host Wilkinson sued her former employer, Ten, over the payment of her legal costs amounting to more than $700,000.
Outcome: The federal court Justice Michael Lee ruled in Wilkinson’s favour in February, with the amount to be determined after the Lehrmann defamation case judgment.
