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The Canberra Times
The Canberra Times
Tim Piccione

Higgins set to give 'graphic and distressing evidence' in trial

Brittany Higgins is set to give "graphic and distressing evidence" in Bruce Lehrmann's defamation trial against a journalist and television network.

Mr Lehrman is suing Network Ten and Lisa Wilkinson over a 2021 The Project story airing Ms Higgins' allegation she was sexually assaulted at Parliament House two years earlier.

The television interview did not name Mr Lehrmann but he claims being defamed because several details identified him as the perpetrator and, in turn, "publicly maligned" him as "certainly the most prominent rapist".

Higgins in witness box

Matthew Collins KC, representing Ten, officially opened the broadcaster's case on Tuesday afternoon before calling Ms Higgins five minutes before the court day's end.

"We expect that she will give graphic and distressing evidence about being sexually assaulted by Mr Lehrmann in Senator [Linda] Reynold's office," the barrister said in his opening remarks.

Ms Higgins, who had appeared in the Federal Court public gallery for the first time this trial, took up the witness box.

The time did not permit the woman to give any substantial evidence, but simply to provide a few details about herself.

Brittany Higgins addresses media after the jury in her criminal trial were discharged. Picture by Karleen Minney

"Can you tell us how tall you are?" Dr Collins asked.

Ms Higgins responded "not accurately" before roughly guessing she was 5'7".

The former political staffer described herself as "very much a Liberal" due to her having grown up in Queensland.

She told the court she initially came to Canberra to work with aspirations of being a media advisor.

"I wanted to work my way up the ranks," she said.

Ms Higgins is set to give further evidence and eventually be cross-examined from Wednesday morning.

Public interest journalism

"That there was a legitimate public interest in the exposure of Ms Higgins' allegation, in our submission, cannot be doubted," Dr Collins also said during his opening remarks.

The barrister said that "Network Ten stands behind its report".

"But we understand why Mr Lehrmann feels aggrieved but his defamation case is misconceived and, we will ultimately submit, bound to fail," Dr Collins said.

"This is not a borderline case. Far from it."

Brittany Higgins and Bruce Lehrmann. Pictures by Karleen Minney and James Croucher

Dr Collins addressed "what appears to be Mr Lehrmann's case theory".

That theory, the barrister said, was that Ms Higgins saw Mr Lehrmann had been fired over the pair's late-night visit to Parliament House after a night out with colleagues.

"[She] thought it was inevitable she was about to suffer the same fate and so fabricated an allegation of rape in order to save her job," the barrister said.

"It is, with respect to our friends, incoherent.

"It would be a monstrous thing, as Ms Higgins would tell you, to fabricate an allegation of rape."

The court heard it would also not have made sense, under that theory, for Ms Higgins to remain in the job and then expose herself to the "extraordinary scrutiny" of going to media two years after the alleged incident.

Mr Lehrmann has always denied raping Ms Higgins in 2019 in the office of Senator Reynolds and no findings have been made against him.

His criminal trial was aborted last year due to juror misconduct and the charge levelled at him was later dropped.

Television interview payment

Earlier in the day, Mr Lehrmann was asked about the two interviews he gave Channel Seven's Spotlight this year when he told what he claimed was his side of the story.

"It was part of that agreement, isn't it, that you were paid for 12 months of accommodation by Channel Seven?" Sue Chrysanthou SC, representing Ms Wilkinson, asked.

Mr Lehrmann responded: "That's the only part of the ... that's what I get."

That accommodation, the court heard, was being paid for between June 2023 and June 2024.

Lisa Wilkinson, who is being sued, and her barrister, Sue Chrysanthou SC. Pictures by Sylvia Liber, Karleen Minney

Mr Lehrmann said the accommodation was for places in which the program had been filmed.

However, the man said he did not know how much had been spent because "Network Seven handle the accommodation arrangements".

"The document was produced on subpoena by Network Seven, so we'll deal with that later," Ms Chrysanthou said.

It was previously stated the television network had not paid Mr Lehrmann for the interview, but had "assisted with accommodation as part of the filming of the report".

The trial continues.

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