Judge Criticizes Bruce Lehrmann and Brittany Higgins’ Testimony as ‘Omnishambles’

In a recent high-profile case in Sydney, Justice Michael Lee delivered a scathing verdict on the testimonies of Bruce Lehrmann and Brittany Higgins, describing the proceedings as an “omnishambles.” Both Lehrmann and Higgins were found to have lied in their evidence, but Higgins’ account was deemed more believable by the judge. The case centered around Lehrmann’s defamation suit against Network Ten and journalist Lisa Wilkinson, claiming that their story about Higgins’ alleged rape had identified him as the offender.

The allegations first came to light when Higgins appeared on Ten’s program The Project in early 2021, accusing Lehrmann, her former colleague, of raping her in Parliament House in 2019. Lehrmann, who has always denied the rape allegation, was publicly named as the accused six months later. An earlier criminal trial against Lehrmann was abandoned due to concerns about Higgins’ mental health.

Justice Lee stressed that only Lehrmann and Higgins truly know what happened that night, making it difficult to distinguish between false memory and deceit. However, he criticized Lehrmann’s credibility, stating that he had told deliberate lies in his testimony. CCTV footage contradicted Lehrmann’s claims about his actions at the Dock Bar and the 88mph nightclub. The judge also highlighted inconsistencies in Lehrmann’s statements regarding the benefits he received from Channel Seven.

Furthermore, Justice Lee dismissed Lehrmann’s account of events at the office as an “elaborate” fantasy. Contrary to Lehrmann’s claim that he had returned to make notes on a question time brief, the judge believed that he simply went back with a woman he found attractive and wanted to continue their intimacy. The judge also questioned the truthfulness of Lehrmann’s evidence about his involvement with Channel Seven’s Spotlight program.

While Higgins’ behavior in 2019 was consistent with that of a genuine victim of sexual assault, Justice Lee expressed doubts about the truthfulness of her accounts in 2021. He found her later statements to be troubling and reliant on feelings rather than facts. The judge raised concerns about a photograph showing a bruise on Higgins’ leg, which she allegedly sustained on the night of the rape. He also questioned the deletion of photos and data on her phone, suggesting that she selectively curated its contents.

Despite these concerns, Justice Lee ultimately found Higgins’ account more believable than Lehrmann’s. He concluded that sexual intercourse did occur between Lehrmann and Higgins in the minister’s office and that it was non-consensual. However, he emphasized that this conclusion was based on a civil standard of proof rather than a criminal one.

The verdict in this case highlights the complexities and challenges of determining the truth in cases involving sexual assault allegations. Both Lehrmann and Higgins were found to have lied in their testimonies, leaving the judge to navigate through differing accounts of the events. While Justice Lee concluded that Lehrmann raped Higgins, the case serves as a reminder of the difficulties in establishing the truth in such cases and the importance of thorough investigations and fair legal proceedings.