Justice Michael Lee will finally deliver the verdict in the Bruce Lehrmann defamation case against Network Ten and Lisa Wilkinson at 10:15 a.m. next Monday, April 15.
Yesterday, the Federal Court advised that the long-awaited verdict would be delivered on Monday. Justice Lee is expected to read out an abbreviated version of the judgement. The reading will be live-streamed to the court’s YouTube channel, and the full verdict will be published on the court’s website after the hearing.
The judgment was initially set to be announced last Thursday, but a last-ditch effort from Network Ten saw former Seven Producer Taylor Auerbach sign an explosive 2000-page affidavit that included receipts for expensive meals, golf trips, and massages used by Spotlight to persuade Lehrmann to take part in the now infamous Spotlight interview. Auerbach also claimed that the former Liberal staffer was paid a “daily work allowance” for “illicit drugs and prostitutes”. The extent of these additional costs amounts to an estimated $23,000.
The court considered the evidence last week, and Auerbach was put on the witness stand over two days, where the contents of the affidavit were cross-examined along with his own history and connection with Lehrmann. Auerbach was questioned over psychologist visits, his involvement in the distribution of nude photographs of a woman and a video that Auerbach posted on social media where he appeared to be destroying former Spotlight colleague Steve Jackson’s golf clubs.
Auerbach confessed to his involvement in distributing the photograph but insisted the video was merely a parody of a video posted by Spotlight’s executive producer Mark Llewellyn and did not expose any hatred toward Jackson. “It’s important to watch them side-by-side,” Auerbach claimed.
The quick turnaround following the conclusion of court proceedings just a few days ago suggests that the new evidence has not significantly swayed the original verdict.
Justice Lee himself openly questioned Auerbach’s motives in court, describing him as “a man who wants to do as much damage to his previous employer as he could conceivably do”.
Despite this, Lee recognised that he could still be telling the truth but implored Auerbach not to be painted in a heroic light. “But don’t put him up as some sort of notable public-interested person who was coming along to get something off his chest because he thought he had to assist His Majesty’s justices,” Justice Lee said. “He’s a man who wanted to make a range of allegations against people under absolute privilege”.
Auerbach admitted to hatred for Seven colleague Jackson but insisted this had nothing to do with him coming forward with the new evidence, rejecting claims he was “motivated by vengeance or other ill will towards Seven”.
As the case comes to a close, Justice Lee must determine, on the balance of probabilities, if Lehrmann did, in fact, rape Brittany Higgins. If he finds that the alleged rape did occur, Network Ten and Wilkinson will seek to have Lehrmann pay the substantial legal fees that could run into the millions. If Justice Lee finds, on the balance of probabilities, that no sexual contact occurred between the two – as Lehrmann testified – he must decide how much compensation or damages Wilkinson and Ten should pay Lehrmann.
