Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Will and Mordie I've given a great Monday, the big
news that the results or that the finding from the
Bruce Lehman trial have just concluded this afternoon. And Mikayla Whitburn,
whose legal affairs correspondent for the Sydney Morning Herald and
the Age that chief Court reporter joins is right now. Mikayla,
what has happened?
Speaker 2 (00:16):
Hello? Oh, so huge day today. So we've just had
Justice Lee's decision in Bruce Lehman's defamation case against ten
and Lisa Wilkinson. Massive day in court, with the judge
finding that they've established a defensive truth to an allegation
that Bruce Lehman raped Brittainy Higgins in Palman House in
twenty nineteen.
Speaker 3 (00:36):
Wow, okay, if you could treat me like a twelve
year old here, Mikayla, I am quite so with legal proceedings.
Speaker 2 (00:41):
Thank you.
Speaker 3 (00:41):
I'm glad you're happy to So what's happened today is
that the lawyers representing Channel ten have proved enough that
he did actually commit the rape.
Speaker 2 (00:53):
Yes, and it's really important to note here that this
is in a defamation case, which is a civil trial.
It's not a criminal matter. It means that the standard
of proof is lower. So what Tan and Leasa look
confident they need to do was to establish on the
balance of probabilities, which means it's more likely than not
that Bruce Lemon raped Britainny Higgins in Parliament House. Now
that is necessarily a much easier task, although it's still
(01:16):
difficult than proving to the criminal standard, which is beyond
reasonable doubt that this occurred. So this is not a
criminal it's not a criminal conviction.
Speaker 1 (01:24):
Okay, So, but that can happen now that there's evidence
to show or that someone has proven some level of truth.
Speaker 2 (01:31):
Oh I'm not saying that there's going to be any
criminal process that flows through this. But what it does
show is that, at least according to one standard, the
civil standard, he's been found to have committed this act.
And it does mean that he's completely lost his defamation
case and he's now on the hook for essentially millions
of dollars in legal fees from this successful parties. But
we know that he doesn't have the money to pay it.
(01:53):
So I guess ten and Lisa looking some more to
find that money themselves.
Speaker 4 (01:56):
Oh right, So michaelis so why wouldn't this now and
go to a criminal case. I appreciate that they haven't
had to prove it to the level of a criminal case,
but if they still have found that it's more likely
that he did commit the rape on Britney Higgins, surely
they're going, Okay, let's criminally change this guy.
Speaker 3 (02:14):
Now, why wouldn't that happen?
Speaker 2 (02:15):
Well, we have to go back to twenty twenty two,
which is when Bruce Bowman, who has always maintained his innocence,
did stand trials for Britney Higgins' sexual assault. Now that
the trial was aborted because of DURA misconduct because there
was evidence that one juror had brought research into the
jury room, which is not permitted, and the DPP at
that time considered whether or not he should stand trial
(02:36):
for a second time after that happened, but that did
not proceed ultimately because the DPP decided that there were
concerns about Brittney higgins mental health. I can't say that
there's ever going to be any further criminal charge attaching
to this. But what we have today, similar to as
you have said earlier, I think that Ben Robert Smith matter,
we have had a finding to the civil standard that
(02:57):
offenses have been committed.
Speaker 1 (02:59):
Wow, the lot going on. Hey, Makayla a couple. I've
got a couple more things for you. So you're a
court reporter obviously, so you have you been in there
while while Bruce Levan's been in there defending himself at all?
Has he been present during this or has it just
been his lawyers? No?
Speaker 2 (03:13):
So he quite unusually because in a sexual assault trial,
when it's a criminal matter and accused can opt to
maintain their silence, they don't have to give evidence in court.
But he didn't give evidence in his criminal trial, but
in the decimation case he did give evidence. And in
fact it was all streams live on YouTube by the
Federal Court, so you were able to watch it really
wherever you wanted to.
Speaker 1 (03:33):
You could have worked from home, amazing, could have, but
probably didn't because you're a professional. What was he like
in court?
Speaker 2 (03:40):
I mean was he just gave very forceful evidence that
nothing of the kind that Britain Higgins had accused him
of had happened. He said there was no sexual contact
between them at all, completely rejected as suggested by another witness,
that he'd actually been seen pashing, which was the word
used in court Brittany Higgins hours before the alleged assault.
So he presented of the witness who was adamant that
(04:02):
what he had been accused of had not occurred.
Speaker 1 (04:04):
And how did he see him after the judgment was
passed down.
Speaker 2 (04:07):
Well, we do have a photo of him on the
Held and Age websites at the moment where he looks
pretty stony faced coming out of court. So I imagine
it's a pretty shock development in court today and he
probably isn't going to be saying much about it.
Speaker 1 (04:21):
And final question, I know Lisa Wilkinson's released his statement.
I've got that here.
Speaker 5 (04:26):
Federal Court has found that I've published a true story
about a rape in a Federal minister's office at Parliament
House in March of twenty nineteen. I sincerely hope that
this judgment gives strengths to women around the country.
Speaker 4 (04:43):
I'm so happy for her.
Speaker 1 (04:45):
Is Lisa been present throughout the trial as well, michaelis.
Speaker 2 (04:49):
Yeah, she has been there for a lot of the
trial and she also gave evidence in their case. So yeah,
she's been a central figure in the court case.
Speaker 1 (04:57):
What he did a huge day, huge for Yeah, I'm
sure you've got a huge court report to finish, so
thanks so much for joining us. Mikayla really really appreciate
her and for you offering your time and what is
a momentous day and really Australian.
Speaker 2 (05:10):
History here shake care appreciate it.
Speaker 1 (05:12):
Thanks mate, Mikayla Whitburn there. She is legal affairs correspondent
for the Sydney Morning Herald and the Age. If any
of that in there was distressing then don't forget. You
can contact Lifeline thirteen eleven fourteen or you can call
one one hundred respect if there are any things that
had a bit nasty to come up for you in
terms of the abuse side of that case. Totally wild,
(05:34):
what a day. She's a busy girl. Mikayla Whitburn, bloody.
I like you to get her.
Speaker 4 (05:38):
How big is a court report? I've never done one
of them. It was on YouTube US refer to YouTube.
It's all there, it's all there.
Will and Mordie I've given a great Monday, the big
news that the results or that the finding from the
Bruce Lehman trial have just concluded this afternoon. And Mikayla Whitburn,
whose legal affairs correspondent for the Sydney Morning Herald and
the Age that chief Court reporter joins is right now. Mikayla,
what has happened?
Speaker 2 (00:16):
Hello? Oh, so huge day today. So we've just had
Justice Lee's decision in Bruce Lehman's defamation case against ten
and Lisa Wilkinson. Massive day in court, with the judge
finding that they've established a defensive truth to an allegation
that Bruce Lehman raped Brittainy Higgins in Palman House in
twenty nineteen.
Speaker 3 (00:36):
Wow, okay, if you could treat me like a twelve
year old here, Mikayla, I am quite so with legal proceedings.
Speaker 2 (00:41):
Thank you.
Speaker 3 (00:41):
I'm glad you're happy to So what's happened today is
that the lawyers representing Channel ten have proved enough that
he did actually commit the rape.
Speaker 2 (00:53):
Yes, and it's really important to note here that this
is in a defamation case, which is a civil trial.
It's not a criminal matter. It means that the standard
of proof is lower. So what Tan and Leasa look
confident they need to do was to establish on the
balance of probabilities, which means it's more likely than not
that Bruce Lemon raped Britainny Higgins in Parliament House. Now
that is necessarily a much easier task, although it's still
(01:16):
difficult than proving to the criminal standard, which is beyond
reasonable doubt that this occurred. So this is not a
criminal it's not a criminal conviction.
Speaker 1 (01:24):
Okay, So, but that can happen now that there's evidence
to show or that someone has proven some level of truth.
Speaker 2 (01:31):
Oh I'm not saying that there's going to be any
criminal process that flows through this. But what it does
show is that, at least according to one standard, the
civil standard, he's been found to have committed this act.
And it does mean that he's completely lost his defamation
case and he's now on the hook for essentially millions
of dollars in legal fees from this successful parties. But
we know that he doesn't have the money to pay it.
(01:53):
So I guess ten and Lisa looking some more to
find that money themselves.
Speaker 4 (01:56):
Oh right, So michaelis so why wouldn't this now and
go to a criminal case. I appreciate that they haven't
had to prove it to the level of a criminal case,
but if they still have found that it's more likely
that he did commit the rape on Britney Higgins, surely
they're going, Okay, let's criminally change this guy.
Speaker 3 (02:14):
Now, why wouldn't that happen?
Speaker 2 (02:15):
Well, we have to go back to twenty twenty two,
which is when Bruce Bowman, who has always maintained his innocence,
did stand trials for Britney Higgins' sexual assault. Now that
the trial was aborted because of DURA misconduct because there
was evidence that one juror had brought research into the
jury room, which is not permitted, and the DPP at
that time considered whether or not he should stand trial
(02:36):
for a second time after that happened, but that did
not proceed ultimately because the DPP decided that there were
concerns about Brittney higgins mental health. I can't say that
there's ever going to be any further criminal charge attaching
to this. But what we have today, similar to as
you have said earlier, I think that Ben Robert Smith matter,
we have had a finding to the civil standard that
(02:57):
offenses have been committed.
Speaker 1 (02:59):
Wow, the lot going on. Hey, Makayla a couple. I've
got a couple more things for you. So you're a
court reporter obviously, so you have you been in there
while while Bruce Levan's been in there defending himself at all?
Has he been present during this or has it just
been his lawyers? No?
Speaker 2 (03:13):
So he quite unusually because in a sexual assault trial,
when it's a criminal matter and accused can opt to
maintain their silence, they don't have to give evidence in court.
But he didn't give evidence in his criminal trial, but
in the decimation case he did give evidence. And in
fact it was all streams live on YouTube by the
Federal Court, so you were able to watch it really
wherever you wanted to.
Speaker 1 (03:33):
You could have worked from home, amazing, could have, but
probably didn't because you're a professional. What was he like
in court?
Speaker 2 (03:40):
I mean was he just gave very forceful evidence that
nothing of the kind that Britain Higgins had accused him
of had happened. He said there was no sexual contact
between them at all, completely rejected as suggested by another witness,
that he'd actually been seen pashing, which was the word
used in court Brittany Higgins hours before the alleged assault.
So he presented of the witness who was adamant that
(04:02):
what he had been accused of had not occurred.
Speaker 1 (04:04):
And how did he see him after the judgment was
passed down.
Speaker 2 (04:07):
Well, we do have a photo of him on the
Held and Age websites at the moment where he looks
pretty stony faced coming out of court. So I imagine
it's a pretty shock development in court today and he
probably isn't going to be saying much about it.
Speaker 1 (04:21):
And final question, I know Lisa Wilkinson's released his statement.
I've got that here.
Speaker 5 (04:26):
Federal Court has found that I've published a true story
about a rape in a Federal minister's office at Parliament
House in March of twenty nineteen. I sincerely hope that
this judgment gives strengths to women around the country.
Speaker 4 (04:43):
I'm so happy for her.
Speaker 1 (04:45):
Is Lisa been present throughout the trial as well, michaelis.
Speaker 2 (04:49):
Yeah, she has been there for a lot of the
trial and she also gave evidence in their case. So yeah,
she's been a central figure in the court case.
Speaker 1 (04:57):
What he did a huge day, huge for Yeah, I'm
sure you've got a huge court report to finish, so
thanks so much for joining us. Mikayla really really appreciate
her and for you offering your time and what is
a momentous day and really Australian.
Speaker 2 (05:10):
History here shake care appreciate it.
Speaker 1 (05:12):
Thanks mate, Mikayla Whitburn there. She is legal affairs correspondent
for the Sydney Morning Herald and the Age. If any
of that in there was distressing then don't forget. You
can contact Lifeline thirteen eleven fourteen or you can call
one one hundred respect if there are any things that
had a bit nasty to come up for you in
terms of the abuse side of that case. Totally wild,
(05:34):
what a day. She's a busy girl. Mikayla Whitburn, bloody.
I like you to get her.
Speaker 4 (05:38):
How big is a court report? I've never done one
of them. It was on YouTube US refer to YouTube.
It's all there, it's all there.
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