Andrew L. Urban
Now that his appeal against the negative result in his defamation case against TEN and Lisa Wilkinson has been dismissed in the Federal Court, the legal quagmire has deepened. He is living in the hell of legal purgatory. This is not a victory for the rule of law.
“Bruce Lehrmann is a rapist! Bruce Lehrmann is a rapist!” twice for good measure, said Justin Quill of the lawfirm Thomson Geer, who had acted for Network Ten, direct to TV cameras after Justice Lee’s judgement (on the balance of probabilities).
Chris Merritt, vice president of the Rule of Law Institute of Australia noted when Bruce Lehrmann’s defamation case failed, back in June 2024:
Lehrmann has not been convicted by Justice Lee or anyone else on a criminal charge of rape. Under the criminal law he is not a rapist.
So while a defamation judgement on the lower civil standard of proof has upheld the truth of the imputation that he is a rapist, that is not the case under criminal law.
This will remain so even if Lehrmann loses his appeal in the defamation case.
The blame for this appalling position rests with the authorities in the ACT who stopped the criminal case against Lehrmann because of what they said was concern for the wellbeing of his accuser, Brittany Higgins. That decision stripped Lehrmann of his right to have the accusation against him tested against the rigours of the criminal law.
Describing Lehrmann as a rapist without explaining the significant differences between defamation and criminal justice – and the failure of the ACT justice system – only adds to confusion and relieves the ACT authorities of the odium that is rightfully theirs.
The negative impact on Lehrmann is the same as a criminal verdict: on getting a job, renting a home, mixing socially, forming relationships … just doing the shopping as a widely publicised, recognisable man.
Quinn’s triumphant cries outside the court exemplify the problem to which Merritt refers, the stripping of Lehrmann “of his right to have the accusation tested against the rigours of the criminal law”.
His lawyer Zali Burrows has said that Lehrmann will seek leave to appeal to the High Court. But whether he is given leave and appeals or refused leave and sinks further into disrepute, the legal system has left a mess on the country’s living room carpet.
Had the Brittany Higgins cheer squad not weaponised the alleged rape as a political tool with its false allegation of a political cover up to hurt the Morrison government …. [you fill in the blanks].