Higgins gave proof that she recalled Lehrmann “being handsy with me” at nightclub 88mph and “I didn’t need it, however I used to be tolerating it”. Requested if he did anything, Higgins mentioned: “Not that I recall.”
Ten alleged Lehrmann acted “audaciously” in “bringing defamation proceedings wherein he seeks damages to vindicate his fame, in circumstances the place he has given no remotely credible account of his conduct in respect of the occasions underlying the imputations he has sued upon, and has been ready to launch a scandalous assault on an clearly trustworthy and impartial witness”.
“That is conduct which, in Community Ten’s submission, disqualifies him from any entitlement to damages, even when the defences had been to fail; in these circumstances, the judgment of the court docket can be a adequate vindication,” Ten’s barristers mentioned.
Lehrmann’s authorized staff, headed by Steven Whybrow, SC, and Matthew Richardson, SC, mentioned in written submissions dated January 22 that “there are just too many different believable potentialities as to what could have occurred within the minister’s non-public workplace, and as to why Ms Higgins was discovered bare in that workplace, to allow the court docket to make any conclusion as to what came about”.
“If the court docket finds Mr Lehrmann’s account implausible, that may not make Ms Higgins’s model of occasions extra persuasive in its personal proper,” the barristers say.
Ten and Wilkinson have argued that Lehrmann mustn’t obtain damages if the court docket finds Lehrmann and Higgins did interact in intercourse however is just not glad on the steadiness of chances that it was sexual assault, whereas Lehrmann’s barristers submit that he ought to nonetheless obtain damages in these circumstances.
Lehrmann is suing Ten and Wilkinson over an interview with Higgins, aired on The Mission on February 15, 2021, that he alleges defamed him by suggesting he was responsible of raping Higgins. One of many media events’ defences is fact.
Underneath the reality defence, Ten and Wilkinson should show on the steadiness of chances that Lehrmann raped Higgins. That is decrease than the felony commonplace of proof past affordable doubt.
Lehrmann’s ACT Supreme Court docket trial for sexual assault was aborted in 2022 on account of juror misconduct. The cost in opposition to Lehrmann was later dropped altogether owing to issues about Higgins’ psychological well being. He has at all times maintained his innocence.
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