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The Canberra Times
The Canberra Times
Tim Piccione

Lehrmann lost. But so did everyone who touched this defamation case

There are no real winners from this.

In a legal sense and on a truth defence, Network Ten and Lisa Wilkinson were crowned victors in Sydney's Federal Court on Monday after Justice Michael Lee said: "Mr Lehrmann raped Ms Higgins."

But the network and journalist will each bear reputational battle scars for years to come. As will every person who had the misfortune of coming into contact with the Bruce Lehrmann defamation case.

Justice Michael Lee's judgment was as full of trademark quips as it was scathing, reputation-defining remarks. His rebuke of Mr Lehrmann was devastating.

It was somewhat fitting that only moments into reading from his 324-page decision, sound on the YouTube stream cut out.

It was panic stations for journalists watching online in what felt like yet another 11th hour twist in this tormented tale of ugly civil action and professional mud-slinging.

Justice Lee would soon return, with full audio, sticking to his guns on the tried-and-true concept of open justice.

Bruce Lehrmann outside the Federal Court. Picture AAP

"It is a singular case: the underlying controversy has become a cause célèbre," the judge opened by saying.

"Indeed, given its unexpected detours and the collateral damage it has occasioned, it might be more fitting to describe it as an omnishambles."

Omnishambles: a situation that has been comprehensively mismanaged, characterised by a string of blunders and miscalculations.

No better word could describe this case.

On Monday, no one was safe from Justice Lee's wrath after he earned the right to make seriously adverse findings about everyone who sat in his courtroom's witness box.

On the balance of probabilities, he found Mr Lehrmann to be a liar and a rapist "hell-bent on having sex".

"Mr Lehrmann behaved disgracefully. He defended the criminal charge on a false basis, lied to police, and then allowed that lie to go uncorrected before the jury," Justice Lee said.

A spectacular backfire for the man who started proceedings. He was not defamed.

The judge described Brittany Higgins as, in several respects, an "unsatisfactory witness" who crafted a troubling narrative about a systemic plot against her allegation.

However, he ultimately believed her version of what took place inside that ministerial office after she opted into proceedings and sat through a tormenting multi-day cross-examination.

Justice Lee found Ten had not acted reasonably in researching, producing and broadcasting Ms Higgins' sexual assault claim. He comprehensively called out the program's unprofessionalism.

He also didn't mince words about Ten throwing Ms Wilkinson under the bus following a controversial Logies speech which delayed Mr Lehrmann's criminal trial.

But the veteran journalist "ought to have known the speech was fraught with danger", the judge said.

Brittany Higgins. Picture by Karleen Minney

Seven Network's reputational damage speaks for itself with a withdrawn award nomination, unanswered subpoenas, and serious conduct issues among other questions raised.

Justice Lee finding it an "inescapable conclusion" Mr Lehrmann leaked confidential court documents to the network ahead of exclusive interviews could see Seven and him dealing with more problems down the road.

It goes without saying journalism more broadly also took its fair share of reputational hits. That was always expected after letting anyone with an internet connection into a rape trial.

"[The outcome] is a relatively nuanced judicial recognition of sexual assault in an extremely public case. This is still a win, albeit a small one," advocate Chanel Contos said on Monday via social media.

"The protracted process it took to deliver this judgment is painful, shameful, and unfortunately the reality for many who report or speak out."

Journalist Lisa Wilkinson. Picture by Karleen Minney

The defamation case has had so many ugly moments over the last 12 months, you'd be forgiven for not remembering anything past the Taylor Auerbach debacle of sex workers, drugs and golf-club-smashing videos.

Rightly so, Justice Lee let Ten reopen its case and delayed his judgment in the interest of open justice.

But he, like all of us, looked utterly exhausted as the court heard "sordid" evidence from the former Spotlight producer which achieved nothing more than fuelling media headlines.

"The Spotlight detour", as it's referred to in the judgment, ended up being an unnecessary, bizarre and upsetting drop in the ocean.

Outside court on Monday, Wilkinson thanked supporters and made sure to acknowledge her legal team. A team which the court is forcing Ten to pay millions of dollars for after yet another ugly side battle.

Justice Michael Lee reading his judgment on Monday. Picture screenshot

Who could forget when a YouTuber was ordered to appear before Justice Lee for possible contempt of court? Death, taxes, and the judge's daily reminder about not recording the stream.

Or when Ms Higgins' partner and lawyer almost got into serious trouble for alleged cross-examination coaching?

And let's not count out how many defamatory comments were made under the absolute privilege afforded by the witness box. Or just how truly vile the daily social media commentary on the case was.

Justice Lee left us with many headline-worthy quotes on Monday. But perhaps none better than his thoughts on Mr Lehrmann's legal action.

"Having escaped the lion's den, Mr Lehrmann made the mistake of going back for his hat," the judge said.

Monday's outcome does not amount to a conviction. So, what comes next?

Will Mr Lehrmann appeal the decision? Can he pay the likely significant costs coming his way? Could he face another criminal trial? Will he still sue the ACT government as he suggested he might? Something else?

Only one thing is certain: it's not the last we've heard of this ugly saga.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525.
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