{"id":84504,"date":"2025-08-21T08:24:08","date_gmt":"2025-08-21T08:24:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/84504\/"},"modified":"2025-08-21T08:24:08","modified_gmt":"2025-08-21T08:24:08","slug":"bruce-lehrmanns-appeal-over-his-failed-defamation-case-ends-abruptly-as-justices-express-frustration","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/84504\/","title":{"rendered":"Bruce Lehrmann&#8217;s appeal over his failed defamation case ends abruptly as justices express frustration"},"content":{"rendered":"<p class=\"paragraph_paragraph__iYReA\">Bruce Lehrmann&#8217;s appeal over his failed defamation case has ended abruptly, after Federal Court judges expressed frustration with how his lawyer argued her case.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The former Liberal staffer is appealing the result of his defamation case against Network Ten and journalist Lisa Wilkinson, in which Justice Michael Lee found, on the balance of probabilities, <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2024-04-15\/bruce-lehrmann-defamation-trial-judgment\/103706656\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/103706656\" rel=\"nofollow noopener\" target=\"_blank\">Mr Lehrmann had raped his then-colleague Brittany Higgins at Parliament House in Canberra in 2019.<\/a><\/p>\n<p>Sexual assault\u00a0support lines:<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Mr Lehrmann has always maintained his innocence and launched the appeal in the Federal Court seeking to overturn that finding.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">On the second day of the appeal, Mr Lehrmann&#8217;s lawyer, Zali Burrows, told the court Justice Lee &#8220;made up his own case&#8221; of what happened that night in Parliament House, arguing the defamation case turned into a &#8220;quasi-rape trial&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;This is not, with respect, a judge&#8217;s role to do that,&#8221; Ms Burrows said.<\/p>\n<p>&#8220;Justice Lee \u2014 who&#8217;s a very famous judge \u2014 we submit he shouldn&#8217;t have gone on his own fact-finding mission.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">She said that was an error on Justice Lee&#8217;s behalf because Mr Lehrmann was not able to respond to the judge&#8217;s &#8220;version&#8221; of a &#8220;non-violent rape&#8221;, which was a &#8220;different version&#8221; of events than was pleaded by Network Ten or Ms Wilkinson.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;Regrettably, I don&#8217;t like to use the word &#8216;soft rape&#8217;, but I have to use it,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;No doubt the media are going to make fun of that.<\/p>\n<p>&#8220;Mr Lehrmann could have conducted the case differently if the version of the case found had been put to Mr Lehrmann at the beginning,&#8221;  Ms Burrows said.&#8217;Struggling to understand&#8217;<img decoding=\"async\" alt=\"Bruce Lehrmann holds an umbrella under which he and his lawyer walk.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/08\/9c163ee782dad92a2e1426b7aa35f426\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Bruce Lehrmann&#8217;s lawyer Zali Burrows was denied two requests to adjourn. (AAP: Steve Markham)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Justice Craig Colvin, one of three judges presiding over the appeal, urged Ms Burrows to spell out her argument more specifically.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;It is all very well to say these things out loud, but you need to explain why this is a different case,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;The findings His Honour has made are all within the four corners of what was described.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Justice Michael Wigney also joined Justice Colvin&#8217;s frustration, saying he was &#8220;struggling to understand&#8221; what Ms Burrows was attempting to argue.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The comments from the justices came after they raised similar questions around the logic of Mr Lehrmann&#8217;s grounds of appeal<a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2025-08-20\/judges-question-logic-of-bruce-lehrmann-appeal-legal-argument\/105675198\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/105675198\" rel=\"nofollow noopener\" target=\"_blank\"> on the first day of the hearing.<\/a><\/p>\n<p class=\"paragraph_paragraph__iYReA\">Today, Ms Burrows described Justice Lee&#8217;s judgment as &#8220;a consolation prize&#8221; for Network Ten, since he was not persuaded as to the network&#8217;s version of events.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Though she promptly apologised for using that phrase.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">She went on to claim Justice Lee thought Ms Higgins &#8220;looked like a victim&#8221; and said it was not for a judge to make findings based on the &#8220;demeanour of a witness&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">In response, Justice Wigney said: &#8220;I&#8217;m not sure that that is getting close to an accurate summary of his critical finding.&#8221;<\/p>\n<p>Court refuses requests to adjourn<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Ms Burrows made her final submissions after a failed attempt to have the hearing adjourned until Friday morning because she said she needed more time to consider various matters, including clarifications on some of the grounds of appeal.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">That request was denied, but the court did break for an early lunch.<\/p>\n<p><img decoding=\"async\" alt=\"A man with dark hair and glasses in a suit.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/08\/2d3bac092c91b76441657240289c272a\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Bruce Lehrmann is appealing the findings in his failed defamation case. (ABC News: Abubakr Sajid)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">After lunch, she again requested that the matter be adjourned until Friday because she &#8220;embarrassingly&#8221; could not find some documents.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Again, that was denied, but a brief adjournment was allowed and Ms Burrows returned to conclude her submissions.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;When Mr Lehrmann leaves the court today, I&#8217;m pretty sure no one in the back of the court or any of the reporters downstairs are going to have anything nice to say about him,&#8221; she said.<\/p>\n<p>&#8220;Not even to ask &#8216;are you okay?'&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Ms Burrows then began explaining the &#8220;level of vitriol and hatred&#8221; that Mr Lehrmann had received, but she was cut off by Justice Colvin.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;Is this a speech or is this a submission?&#8221; he asked.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Shortly afterwards, the hearing, which had originally been slated to run into Friday, was concluded.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The justices have reserved their decision to be delivered at a later date.<\/p>\n","protected":false},"excerpt":{"rendered":"Bruce Lehrmann&#8217;s appeal over his failed defamation case has ended abruptly, after Federal Court judges expressed frustration with&hellip;\n","protected":false},"author":2,"featured_media":84505,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[1110,61971,13394,70,43,63597,63595,55416,63596,61972,44,43016,13396,63594,670,41,39,42,40,13395],"class_list":["post-84504","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-appeal","tag-brittany-higgins","tag-bruce-lehrmann","tag-federal-court","tag-headlines","tag-justice-michael-lee","tag-liberal-staffer","tag-lisa-wilkinson","tag-matthew-collins","tag-network-ten","tag-news","tag-parliament-house","tag-rape","tag-sue-chrysanthou","tag-sydney","tag-top-news","tag-top-stories","tag-topnews","tag-topstories","tag-zali-burrows"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/84504","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=84504"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/84504\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/84505"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=84504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=84504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=84504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}