Sunrise host Matt ‘Shirvo’ Shirvington asks every Australian the question about Bruce Lehrmann’s case – after judge ruled he raped Brittany Higgins
Sunrise host Matt Shirvington has put the question to many Australians after Bruce Lehrmann lost his defamation case against Network Ten and journalist Lisa Wilkinson.
On Monday, Lehrmann was found most likely to have raped Brittany Higgins, but federal judge Michael Lee did not rule on the costs of prosecuting the case, estimated to be about $10 million.
Speaking to Channel Ten’s lawyer Justin Quill on Tuesday morning, Shirvington asked how much Lehrmann – who launched legal action against Ten and other media outlets – will be required to pay after his stunning own goal.
“You know better than anyone, Justin, don’t you, what the costs of a case like this are. What kind of legal costs is Bruce Lehrmann potentially going to face?’ he asked.
Sir. Quill said the costs Lehrmann faces ‘will be significant’, adding that Justice Lee had asked for submissions from both sides on their costs before deciding who should pay what.
‘That order… I would be reasonably sure that it will be in Ten’s favor and perhaps on an indemnity basis, meaning that Ten would be entitled to recover all its costs.
On Monday, Bruce Lehrmann was found most likely to have raped Brittany Higgins (pictured), but Judge Michael Lee did not rule on the costs, which are estimated to be in the neighborhood of $10 million.
Bruce Lehrmann (pictured) made no comment to the media as he left court on Monday
“Whether they are able to recoup those costs is another matter and will largely depend on Bruce Lehrmann’s funds,” he said.
Sir. Quill also explained the difference between a civil and criminal finding. Lehrmann’s defamation suit was a civil case.
“Probably one of the biggest differences … is that Bruce Lehrmann is at home, waking up at home this morning and not waking up in jail,” he said.
‘The other difference is the standard of proof … rather than beyond a reasonable doubt, it’s a balance of probabilities so it’s more likely than not that the rape took place.
“So it’s a lower standard and it’s important to remember, but still (the judge) ultimately found that Bruce Lehrmann raped Brittany Higgins.”
The Channel 10 lawyer also spoke about the case on Monday immediately after Judge Lee’s ruling, saying it was an ‘unmitigated disaster’ for Lehrmann.
Sir. Quill said the result was a warning to other potential claimants looking to ‘make a quick buck’.
“You can come up with a con that can get you through a TV interview, or an interview with your bosses, or down the pub with your mates,” he said.
‘But when you get to court and you’re cross-examined and forensically examined, you can’t get away with it.’
When it was pointed out that Lehrmann is currently studying law, Mr Quill suggested he switch to “another degree”.
In his ruling, Judge Lee said “It is more likely than not that Mr Lehrmann’s state of mind was such that he was so intent on gratification as to be indifferent to Ms Higgins’s consent”.
‘And so (he) went about intercourse without worrying. Sir. Lehrmann raped Mrs. Higgins.’
Requiring a lower threshold of proof than a criminal case, the civil verdict does not mean that Lehrmann has been convicted of any crime.
Lehrmann did not comment to the media as he left court.
Channel 10 lawyer Justin Quill (pictured right) spoke to Sunrise host Matt ‘Shirvo’ Shirvington (left) on Tuesday morning and said the costs Bruce Lehrmann faces ‘will be significant’
Asked about the case on ABC Radio Melbourne on Tuesday morning, Prime Minister Anthony Albanese said he had ‘every sympathy for the experience that Brittany Higgins has gone through’.
‘It has been extraordinarily difficult for her. Of course, the Federal Court made these findings yesterday. What is clear is that everyone has the right to be safe at work.’
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