Views peaked throughout Higgins, Wilkinson proof

Collins stated there was no suggestion Higgins “has ever wavered in any materials respect” in her central allegation, and submitted her proof in regards to the alleged assault was compelling, distressing and plausible.

Lee requested: “Your core level … and I hope this isn’t a crude discount of what you might be saying, is … the irreducible core about her being a sufferer of a sexual assault was given with crystal-clear readability, you’d say, and have to be accepted no matter different misgivings one has about her proof?”

“That’s so,” Collins stated.

Collins famous Lehrmann had admitted mendacity in regards to the motive he entered Parliament Home within the early hours of March 23, 2019, together with by telling Reynolds’ then chief of workers, Fiona Brown, that he got here again to have a drink, doubtlessly whisky.

Lee stated “that is an uncommon case” the place one is likely to be ready the place “you disbelieve story A [and] you disbelieve story B”. He requested rhetorically: “What are the results of that?”

“We are saying this isn’t that case, as a result of Your Honour does have direct proof from the 2 protagonists about what occurred in that room,” Collins stated.

“To search out that sexual activity with out consent didn’t occur, Your Honour would have actively to reject the proof given by Ms Higgins. Your Honour must discover it was false or mistaken ultimately.”

“That’s not fairly true,” Lee stated. “You must be positively persuaded to achieve an precise sense of persuasion that it’s true.”

Collins replied: “That’s true.” He famous Lehrmann’s crew argued the allegation was a fabrication, which he stated was a “monstrous” allegation.

Not there ‘to play Scrabble’

“They weren’t there to play Scrabble,” Collins stated. There was a “restricted universe of issues” that might plausibly have occurred that night time, he stated.

“Even when Your Honour have been in some doubt in regards to the query of consent, we’d say Your Honour must really feel an lively persuasion … that sexual activity passed off. Why else is Ms Higgins bare at 4.20am, handed out?”

Zero or nominal damages

Throughout his closing tackle, Collins argued Lehrmann ought to obtain solely low or no damages even when he gained his defamation case towards Ten and Wilkinson.

Collins stated the vast majority of viewers of Wilkinson’s interview with Higgins would have had “no concept” that Lehrmann was the unnamed man accused of raping Higgins within the workplace of their then boss, Liberal senator after which defence trade minister Linda Reynolds.

Lehrmann’s authorized crew argue that he was recognized by the descriptions given within the interview of Higgins’ alleged assailant, however Collins argued that “general we are saying the identification case is weak”.

Whereas a small pool of individuals, together with some political staffers, would have recognized Lehrmann from the printed, Collins stated the damages can be “correspondingly restricted” if he gained the case.

Collins added that the damages payout can be “fully out of proportion to the prices and vitality that has gone into the working of this case”, and it is likely to be a case the place the decide ought to not award damages in any respect.

Lee requested if Collins meant no damages or a nominal quantity solely.

“Both or,” Collins replied.

Ten’s defences

If the courtroom finds Lehrmann was recognized within the interview, which is a threshold situation within the case, Ten and Wilkinson are searching for to depend on defences of reality and certified privilege.

Beneath the reality defence, Ten should show on the steadiness of possibilities that Lehrmann raped Higgins.

Whereas that is much less onerous than the prison customary of proof past affordable doubt, the so-called Briginshaw precept applies in civil circumstances involving severe allegations and requires courts to proceed cautiously in making grave findings.

Certified privilege pertains to publications of public curiosity and requires a media outlet to indicate it acted moderately. Wilkinson’s proof was instantly related to that defence.

‘Totally irreconcilable’ accounts

Collins stated Lehrmann and Higgins had offered “completely irreconcilable” proof in regards to the occasions main as much as and together with March 23, 2019. Higgins had given a vivid description of sexual assault by Lehrmann and Lehrmann had informed the courtroom there was no sexual exercise in anyway.

Collins argued the proof established that “Mr Lehrmann was bodily interested in Ms Higgins”, and pointed to the proof of former Liberal staffer Nicole Hamer, who stated Lehrmann informed her on March 2, 2019, that he discovered Higgins “handsome” and urged her to ask Higgins to drinks that night time.

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He additionally pointed to the proof of an skilled lip-reader, Tim Reedy – “what a powerful witness, in our respectful submission,” Collins stated – who gave proof that Lehrmann urged Higgins to skol a drink (“drink all of it”) within the hours earlier than the alleged rape and stated three drinks on a desk have been “all hers”. Lehrmann denied saying these phrases.

Views peaked throughout Higgins’ proof

The trial has been livestreamed on the Federal Court docket’s YouTube channel and attracted its highest variety of views on November 30, throughout Brittany Higgins’ proof (124,445 views). Higgins was known as as a witness by Ten as a part of its reality defence.

The second-highest variety of views was recorded on December 14 throughout Wilkinson’s proof (119,502), in keeping with figures provided by the Federal Court docket.

The views have been decrease throughout Lehrmann’s proof at the beginning of the trial, together with on November 24 (46,161).

It’s the first time in Australian authorized historical past {that a} de facto sexual assault trial – involving Ten searching for to show on the steadiness of possibilities that Lehrmann raped Higgins in 2019 – has been streamed reside to the general public.

The courtroom didn’t sit on Wednesday however launched by way of YouTube the recorded proof of Brown, Reynolds’ former chief of workers, who appeared within the witness field on Monday and Tuesday. Brown’s proof was not streamed reside on these days owing to psychological well being issues.

Ex-chief of workers’s affidavit

Wilkinson’s barrister, Sue Chrysanthou, SC, famous in courtroom on Thursday that an unredacted model of Brown’s affidavit had made its means into the arms of The Australian and the Each day Mail, though it had not been launched by the courtroom. Components of the affidavit weren’t learn in courtroom and don’t kind a part of the proof.

She raised a priority that the affidavit had been used as the premise of articles “extremely vital of Ms Higgins”, though the redacted parts will not be a part of the proof within the courtroom case.

Sexual assault cost dropped

Lehrmann’s ACT Supreme Court docket trial for sexual assault was aborted final yr as a result of juror misconduct. The cost towards Lehrmann was later dropped altogether owing to issues about Higgins’ psychological well being.