Judge finds Bruce Lehrmann WILL have raped Brittany Higgins: Here’s what Federal Court Justice ruled happened in Parliament House – including five key facts

Bruce Lehrmann raped Brittany Higgins in Parliament House after a long night of drinking, federal judge Michael Lee has found.

The former Liberal staffer sued Network Ten and Lisa Wilkinson over an episode of The Project that aired in February 2021.

In the interview, Ms Higgins published her allegations for the first time, claiming that an unnamed staff member raped her in Parliament House in March 2019.

Sir. Lehrmann claimed that friends and colleagues were able to identify him as the alleged rapist. He has always maintained his innocence.

While Mr Justice Lee accepted on Monday that there was no doubt Mr Lehrmann was identified in the programme, he said he accepted the basis of the report.

Federal Judge Michael Lee ruled in Network 10’s favor on Monday, ruling that the report was truthful in its allegations against Mr Lehrmann.

Network 10 had mounted two separate defenses to their conduct – a substantial truth defense and qualified privilege.

Justice Lee first dealt with the qualified privilege defense and held that it ‘fell below the standard’.

This meant that Justice Lee had to accept that Ten’s report was factually correct on the civil standard of probability.

After several hours of explanation, Judge Lee came to the conclusion: ‘Mr. Lehrmann raped Brittany Higgins.’

Justice Lee ruled that, contrary to Mr Lehrmann’s evidence, intercourse did take place and that Mrs Higgins did not consent.

“I am convinced that sexual intercourse took place,” the judge said.

Justice Lee said Mr Lehrmann was “on top” of Ms Higgins and she was unable to remove herself from the sofa.

‘Taking into account all my reservations about Mrs Higgins’s credibility and reliability, her evidence that she was not aware of her surroundings and became aware when he was on top of her struck me strongly as being credible and with the ring of truth. ,’ he said.

‘Mrs Higgins did not consent to intercourse when she became aware that Mr Lehrmann was on top of her.’

He also offered five ‘key facts’ about the night in question, particularly seizing on the 40 untold minutes when Mr Lehrmann and Ms Higgins were alone in the ministerial suite. These were:

• 1. They were alone in the suite for about 40 minutes
• 2. Mr. Lehrmann did not answer six calls from his girlfriend
• 3. He went alone around 02.33
• 4. Mrs Higgins was under the influence of alcohol and fell asleep on the sofa in a state of undress
• 5. There was time for the couple to have ‘togetherness’

In his opening remarks, Justice Lee described the case as a whole as an ‘omnishambles’.

He was scornful of both Ms Higgins and Mr Lehrmann, describing them both as unreliable witnesses.

“To note that Mr. Lehrmann is a poor witness is an understatement. Sir. Lehrmann’s attachment to the truth was tenuous, he said.

But he put much of Mrs. Higgins’ inconsistencies down to trauma.

The month-long trial was heard in December and sentencing was originally set for April 4.

However, the case was reopened in early April after Network Ten successfully argued that there was new evidence from former Channel Seven employee Taylor Auerbach that was not available at trial.

Auerbach was on the team for Seven’s Spotlight program when it secured exclusive interviews with Mr Lehrmann, which aired in June and August last year.

It was during these two interviews that confidential information from Lehrmann’s criminal case was broadcast on national television.

The confidential material included Ms Higgins’ private texts and CCTV of Ms Higgins and Mr Lehrmann entering Parliament House before she was allegedly raped in March 2019.

The leaked information had originally been collected by the Australian Federal Police during the investigation into Ms Higgins’ rape allegations and was protected under the Harman undertaking, meaning it could not be used for anything other than legal proceedings.

Auerbach, who left his job at Seven last year, reportedly claimed in his affidavit that Mr Lehrmann was the source of the confidential material.

Sir. Lehrmann has denied in court that he was the source of the leaked content, but Judge Lee ruled that he was not entirely truthful in that matter.

Auerbach was cross-examined by Mr Lehrmann’s barrister Matthew Richardson SC, where he claimed Channel Seven covered Mr Lehrmann’s costs for drugs and sex workers.

Sir. Lehrmann and Channel Seven have denied these claims.