After the interview aired, Lehrmann was charged with sexual intercourse without consent, but the trial was abandoned in 2022 due to juror misconduct and not revived due to fears about Higgins’ mental health.
Without a trial and a means to clear his name, Lehrmann turned to defamation action, claiming that Network Ten and “The Project” presenter Lisa Wilkinson damaged his reputation by providing enough information in the program for him to be identified, though he was not named.
Network Ten and Wilkinson chose to fight the charge, mounting a truth defense, meaning that to win, the network’s lawyers needed to prove that on the balance of probabilities the rape happened.
Lee found Monday that the two had sex that night, but Higgins was so inebriated she couldn’t possibly have given her consent – and that Lehrmann didn’t seek to obtain it.
“I’m satisfied that 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 Miss Higgins’ consent,” said Lee.
The ruling delivers a devastating blow to Lehrmann’s attempt to clear his name. As Lee put it in his judgement: “Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat.”
I didn’t claim he didn’t do it.
I’m just saying trial by media is no good thing.
This is an easy statement to make but context matters. In this case, he was not named by the media but had they not covered the story, he would never have been charged because it suited the political establishment to do nothing at all.
It was poor form for a media group to air an interview of someone in a current and high profile court case. The affect of the media attention prevented a fair trial and was completely unprofessional from Wilkinson.
What high profile court case?