Requested why he gave a false account, Lehrmann stated that “my headspace would have been most likely unclear of what the precise allegation was being made by Minister Reynolds.”
“I used to be most likely making an attempt to play it down, Dr Collins,” Lehrmann stated.
Senator Linda Reynolds at Parliament Home in August.Credit score: Alex Ellinghausen
“You settle for it’s not true,” Collins stated.
“It could seem that manner, sure,” Lehrmann replied.
CCTV performed
On Friday, the third day of his high-stakes defamation case in opposition to Community Ten and journalist Lisa Wilkinson, Lehrmann was taken to CCTV footage from The Dock resort in Canberra exhibiting him speaking and consuming with Higgins on March 22, 2019, hours earlier than the alleged rape.
Lehrmann is suing Ten and Wilkinson over an interview with Higgins – aired on The Mission in February 2021 – which he alleges defamed him by suggesting he raped Higgins in then-defence trade minister Reynolds’ workplace within the early hours of March 23, 2019.
‘My thoughts is clean’
Beneath cross-examination by Ten’s barrister on Friday, Lehrmann initially stated he didn’t recall shopping for Higgins two vodka drinks at The Dock.
Shortly after, he instructed the court docket he was “struggling” and his “thoughts is clean”. On the suggestion of Justice Michael Lee, the court docket took a 15-minute break.
After the break, Lehrmann stated he recalled shopping for Higgins a drink.
CCTV exhibiting Bruce Lehrmann and Brittany Higgins at The Dock in Canberra on March 22, 2019.Credit score: Highlight, Channel Seven
On Monday, the court docket heard Lehrmann had purchased six drinks at The Dock, reasonably than the 5 put to him by Ten’s barrister on Friday, and so they have been break up throughout two transactions. It appeared that two of the drinks have been for Higgins.
A financial institution file tendered within the trial confirmed Lehrmann spent $16 in a single transaction at The Dock. Requested on Monday how he had paid for the opposite drinks, Lehrmann stated: “I nonetheless don’t recall how that occurred.”
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He speculated that he could have used a good friend’s card.
The court docket was proven CCTV footage on Friday through which Lehrmann positioned three drinks in entrance of Higgins at The Dock and gestured in the direction of them.
Collins put to Lehrmann that he stated “all hers, all hers” to a different staffer. Lehrmann denied saying these phrases, however stated he didn’t recall what he stated.
“You have been encouraging Ms Higgins to get drunk?” Collins requested.
“No,” Lehrmann replied.
He disagreed that about 11.50pm he gestured in the direction of a drink and instructed her: “Drink that each one now.”
He additionally disagreed that Higgins responded, “I don’t wish to” earlier than he stated, “Come on, you’re not leaving that.”
The footage confirmed Higgins skolled the drink. Lehrmann agreed that it appeared the footage confirmed Higgins consumed six spirit-based drinks between his arrival after 8.30pm and 11.49pm.
‘Pash’ denied
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Lehrmann denied he “pashed” Higgins whereas sitting in a sales space that night time at a second bar, 88mph.
“You by no means pashed her at any time?” Collins requested.
“No,” Lehrmann replied.
The court docket heard Lehrmann prompt on Seven’s Highlight program {that a} staffer current on the night time had made up a declare he kissed Higgins.
“Do you wish to withdraw that accusation?” Collins requested.
“No, I stand by that,” Lehrmann stated. The kiss declare was raised in Lehrmann’s ACT felony trial for sexual assault however in the end not pursued.
The trial was aborted in October final 12 months as a result of juror misconduct and the cost was later dropped altogether amid issues about Higgins’ psychological well being.
Sexual assault denied
Lehrmann stated on Friday he instructed Higgins and two different staffers on the Canberra bar 88mph that he wanted to return to Parliament Home to select up his condo keys. On the time, he lived in Barton together with his then-girlfriend. Higgins joined him in an Uber.
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Lehrmann repeatedly denied having intercourse with Higgins on the sofa in Reynolds’ workplace, saying it “didn’t occur”.
“I didn’t get consent as a result of I didn’t have sexual activity together with her,” Lehrmann stated.
He stated he didn’t see Higgins once more as soon as he went to his desk to get his keys and do some work on query time briefs, and didn’t ask her later what time she left the workplace.
He admitted mendacity to safety guards and later to Reynolds’ then chief of workers about why he returned to the workplace that night time.
Reality defence
If the court docket finds Lehrmann was recognized by the published, which didn’t title him, Ten and Wilkinson admit the interview conveyed the central declare of rape and are in search of to rely partially on a reality defence.
Higgins is predicted to provide proof later this week.
Wilkinson’s setback in prices combat
Individually, Wilkinson misplaced a preliminary skirmish on Friday in her bid to pressure her employer, Ten, to pay her authorized payments within the Lehrmann defamation case.
Whereas media firms usually cowl their workers’ authorized prices and any damages order arising out of litigation associated to their employment, the high-profile journalist opted to have interaction separate attorneys to Ten. Her authorized crew is headed by Sue Chrysanthou, SC, whereas Ten’s crew is led by the Melbourne-based Dr Matt Collins, KC.
Wilkinson filed NSW Supreme Court docket proceedings in opposition to Ten final month, in search of court docket orders that it pay $723,555 up entrance to cowl her authorized prices to September.
Lisa Wilkinson and her barrister Sue Chrysanthou, SC, outdoors the Federal Court docket in Sydney on Monday.Credit score: Dominic Lorrimer
Nonetheless, Ten argues it was not affordable or mandatory for Wilkinson to acquire separate authorized illustration.
Ten succeeded on Friday in its utility to have the dispute transferred from the Supreme Court docket to the Federal Court docket, to be handled alongside different prices points within the case. Wilkinson was ordered to pay Ten’s prices of that utility.
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Each Wilkinson and Ten have completely different attorneys appearing for them within the prices dispute to the attorneys representing them within the defamation case.
Justice Lee stated on Monday that the prices matter would possible be listed for a case administration listening to in coming days.
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