TV presenter Lisa Wilkinson is making a concerted effort to exonerate herself regarding a controversial Logies speech that has been linked to delays in Bruce Lehrmann’s rape trial. In her legal submissions for Lehrmann’s Federal Court defamation appeal, Wilkinson’s legal team has fervently challenged the conclusion that her actions were improper when she delivered the speech to a national audience.
The speech, presented in June 2022, implied the credibility of Brittany Higgins’ allegations of sexual assault, occurring just eight days before Lehrmann’s trial was set to commence. This led to the trial being postponed until October and ultimately resulted in a mistrial due to juror misconduct. Judge Michael Lee, in dismissing Lehrmann’s defamation claim against Wilkinson and Network Ten, found misconduct on Wilkinson’s part but identified that she bore less responsibility compared to those who advised her to make the speech, including the network’s legal team.
Wilkinson’s barrister, Sue Chrysanthou SC, asserted in her submission that the judge overlooked evidence indicating that Wilkinson had sought input from the prosecutor involved in the Lehrmann case regarding the speech. Additionally, Wilkinson is contesting the judge’s characterisation of her conduct prior to airing Higgins’ claims of rape in Parliament House during a broadcast in February 2021.
The legal arguments focus on potential outcomes that could arise from Lehrmann’s ongoing appeal to overturn a previous defamation ruling, which concluded that he was not defamed by reports about the alleged assault since the allegations were deemed substantially true. If the court finds against Wilkinson on this matter, she argues that it should dismiss Lehrmann’s case due to her defence of qualified privilege, which provides a layer of protection for journalists when reporting on matters of public interest.
Chrysanthou pointed out that Wilkinson showed a commitment to engage with both Lehrmann and other relevant parties prior to the publication of Higgins’ allegations, suggesting she endeavoured to provide Lehrmann with an opportunity to respond. However, Lehrmann reportedly did not respond to the communications preceding the broadcast.
Justice Lee’s earlier ruling, which concluded that on the balance of probabilities, Lehrmann raped Higgins in March 2019, marked a significant moment in one of Australia’s most followed defamation trials. This came after Lehrmann’s criminal case was previously halted in 2022, with no conclusions drawn against him then.
As the appeal developments unfold, Wilkinson hopes to clarify her position and defend her actions in a case that has garnered substantial media attention and public interest. Anyone seeking support can reach out to the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).