More than three years after Brittany Higgins claimed she was raped on The Project, a defamation lawsuit stemming from that broadcast may be coming to an end.
A judge is expected to deliver a verdict on Monday in Bruce Lehmann’s defamation suit against Network Ten and journalist Lisa Wilkinson.
The February 2021 broadcast did not reveal the name of the person who allegedly raped Linda Reynolds in the minister’s office in 2019, but Higgins’ colleague Lehmann later said the person was identifiable. insisted.
Mr. Lehmann vehemently denies the charges and has pleaded not guilty to one count of sexual intercourse without consent. The first trial was halted due to jury misconduct. Prosecutors dropped the charges against Lehmann in December 2022 amid concerns about the impact a second trial would have on Higgins’ mental health.
However, the verdict in the defamation case is not the end of this long-running case.
The March 2019 night Ms Higgins claimed she was raped sparked more than a dozen lawsuits, judicial inquiries, reviews and a federal investigation. Some have been stopped, but many are still ongoing.
in progress
1. Lehmann v. Network Ten and Wilkinson
defamation case
Lehmann alleged that news outlet The Project and former presenter Wilkinson defamed him when they first reported on Higgins’ allegations in February 2021. Sentence was adjourned to allow Network Ten to present new evidence from former Seven producer Taylor Auerbach after the case was reopened. The judge is expected to issue a verdict on Monday.
2. R vs. Wonokot
Criminal case
David Wonokot was arrested by anti-terrorism forces and charged with making death threats against Ms Higgins, her partner David Shallers and their dog. The defendant pleaded guilty on February 26 to using a horse and carriage service to make a threat to kill and using a horse and carriage service to intimidate, harass or offend, and on July 15 in the Lismore area. A verdict is expected to be handed down in court.
3. Reynolds vs Higgins
defamation case
Reynolds is suing Higgins for defamation over an Instagram post that included a list of complaints against the senator. The Western Australian Supreme Court case is ongoing but is likely to head to trial after private mediation failed earlier this year.
4. Reynolds v Sharraz
defamation case
Ms Reynolds is suing Ms Sharaz for defamation over tweets that her lawyer says caused harm that “cannot be underestimated”. The Western Australian Supreme Court case is ongoing and heading to trial after mediation failed. Mr. Reynolds’ lawyers argued that the cases against Mr. Shallers and Mr. Higgins should be consolidated to avoid duplication and save costs.
5. Auerbach v Seven
contractual claims
In an affidavit read out to the Federal Court during the Lehman defamation trial, Mr Auerbach said Mr Lehman had lost his former employer following the publication of a news.com.au article in which he allegedly made false claims. It said it had taken legal advice to begin a contractual dispute with its owner, Seven. Auerbach. Mr Auerbach issued a notice of concern to Seven on March 27.
6. Auerbach v Lehmann
Defamation and threat case
Mr. Auerbach, whose explosive charges led to the reopening of Mr. Lehmann’s defamation case against Mr. Teng and Mr. Wilkinson, sent Mr. Lehmann a notice of concern last week, the first step in a defamation case.
Other possible cases
1. National Anti-Corruption Commission Investigation
A new anti-corruption watchdog is investigating allegations that confidential documents tendered at the Rehman Crown Court were leaked to the media after Network Ten lodged a complaint with ACT Police in June. A NACC spokesperson said: “As of 1 July 2023, the investigation initiated by the Australian Law Enforcement Integrity Commission but not completed remains ongoing by the commission.” Providing more information may jeopardize operational activities or the rights of the parties involved. ”
Pause, cancel, or complete
1. Gaetjens Review
prime minister interrogation
After Ms Higgins went public with her story in 2021, then-Prime Minister Scott Morrison told the Department of Prime Minister and Cabinet Secretary Phil Gaetjens that staff in his office had any knowledge of the rape allegation before it became public. I asked him to investigate whether he had any. , if so, when.
result: The investigation was halted in August 2021 after Mr Higgins was advised not to participate because it could prejudice the criminal proceedings.
2. R vs. Lehmann
Criminal case
Lehmann is accused of raping Higgins in Reynolds’ minister’s office in 2019. He vehemently denies the charges and has pleaded not guilty to one count of sexual intercourse without consent.
result: The first trial was halted due to jury misconduct. Prosecutors dropped the charges against Lehmann in December 2022 amid concerns about the impact a second trial would have on Higgins’ mental health.
3. Lehmann v News Corp.
defamation case
Mr Lehmann claimed that News Corp defamed him in its initial reporting on Mr Higgins’ allegations.
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result: Lehmann called off proceedings in May 2023 after settling with the media for an amount later revealed to be $295,000. News.com.au has not apologized or corrected the articles, but added editor’s notes to the two articles that Mr Lehmann sued. The memo refers to the defamation suit, and news.com says it does not suggest Mr. Lehman is guilty of the criminal charges of sexual assault.
4. Lehmann v ABC
defamation case
Mr Lehmann claimed that the ABC defamed him when it aired the full text of Mr Higgins’ National Press Club speech on February 9, 2022.
result: The parties reached an out-of-court settlement the day before the defamation case in federal court was scheduled to begin in November 2023. Mr. Lehman received $150,000 in legal fees.
5. Commission of Inquiry vs. Attorney General of the Public Prosecution and Police.
inquiry
An independent inquiry was established by the ACT Government in December 2022 to investigate how police and the Director of Public Prosecutions handled the Rehman criminal case. The investigation was led by Walter Sofronov KC, a prominent former Queensland judge.
result: The inquiry’s August 2023 report made “some significant findings of misconduct” in response to the inquiry issued. Shane Drumgold SC Director of Public Prosecutions, ACT. The judgment concluded that Mr Drumgold “at times … lost objectivity and failed to act fairly and calmly” while prosecuting Mr Lehmann for the alleged rape of Mr Higgins.
6. Drumgold v. Commission of Inquiry
judicial review
After Sofronov’s report was released, Drumgold launched an application for judicial review of the findings, requesting that the report be thrown out completely or declared null and void and of no effect.
result: Mr Drumgold partially won his case, but the Supreme Court ruled in March that Mr Sofronov’s extensive correspondence with The Australian columnist had created prejudice against him during the investigation.
7. Reynolds v Patrick
defamation case
Reynolds sued journalist Aaron Patrick and publisher HarperCollins for making defamatory comments about her response to Higgins’ rape allegations.
result: The parties reached a confidential settlement in April 2023, but it is unclear how much of the allegedly defamatory material was removed.
8. Higgins v. Reynolds
defamation case
Mr Higgins sued then-defence minister Reynolds, accusing him of calling a former staffer a “lying cow” in comments he made when the rape allegation became public.
result: Ms Reynolds apologized to Ms Higgins and agreed to pay her legal costs and donate to a sexual assault charity as part of a confidential settlement in March 2021.
9. Reynolds v ACT
defamation case
Mr Reynolds sued the ACT government and former attorney general Drumgold in December over allegations Drumgold made in a letter to the Australian Federal Police accusing the senator of “disturbing conduct” during the Rehman trial. filed a lawsuit against.
result: Ms Reynolds received a compromise deal from the ACT government in March, including $90,000 and an apology.
10. Higgins v. Commonwealth
personal injury claim
Higgins filed a personal injury claim against the Commonwealth, including compensation for lost earning capacity, medical bills and legal costs.
result: The parties reached a settlement after a short mediation in December 2022. Court documents in December revealed that Higgins received $2.445 billion from the federal government, including legal fees.
11. Wilkinson vs Ten
civil claim
Project organizer Ms. Wilkinson sued her former employer, Ms. Teng, seeking more than $700,000 in legal costs.
result: Federal Court Judge Michael Lee ruled in Wilkinson’s favor in February, and the amount will be determined after the Lehman defamation case is decided.
