1 00:00:05,120 --> 00:00:08,000 Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:08,119 --> 00:00:16,280 Speaker 1: It's Thursday, October twenty four. The Albaneze government has poured 3 00:00:16,320 --> 00:00:19,640 Speaker 1: millions of dollars into housing programs, but the spending has 4 00:00:19,680 --> 00:00:23,480 Speaker 1: focused on marginal seats and safe labor electorates. A new 5 00:00:23,520 --> 00:00:30,480 Speaker 1: analysis by The Australian has shown the war between two 6 00:00:30,560 --> 00:00:33,440 Speaker 1: rival indigenous groups is heating up. It's all about a 7 00:00:33,479 --> 00:00:36,519 Speaker 1: gold mine in New South Wales, which a group of 8 00:00:36,680 --> 00:00:41,240 Speaker 1: Warajuri elders says would destroy a sacred place. The elders 9 00:00:41,280 --> 00:00:45,720 Speaker 1: say the local Aboriginal Land Council, also representing Warajuri people, 10 00:00:46,040 --> 00:00:50,880 Speaker 1: has financial links to the mining company. Those exclusives alive 11 00:00:51,040 --> 00:00:58,040 Speaker 1: right now at the Australian dot com dot au. Bruce 12 00:00:58,120 --> 00:01:00,960 Speaker 1: Lemon's had a big win in his defam battle against 13 00:01:01,120 --> 00:01:04,960 Speaker 1: Network ten and Lisa Wilkinson. A judge's rules he can 14 00:01:05,040 --> 00:01:08,039 Speaker 1: appeal a Federal court finding that he was a rapist 15 00:01:08,360 --> 00:01:12,960 Speaker 1: on the balance of probabilities, something Lairman has always denied, 16 00:01:13,400 --> 00:01:16,119 Speaker 1: and Lehman won't have to cough up a massive legal 17 00:01:16,200 --> 00:01:34,399 Speaker 1: bill Yet today all the latest twists just when you 18 00:01:34,440 --> 00:01:38,360 Speaker 1: think Bruce Lahman is running out of options, fortune turns 19 00:01:38,440 --> 00:01:39,240 Speaker 1: in his favor. 20 00:01:40,720 --> 00:01:44,280 Speaker 2: He did bring the proceeding and he has had a hearing. However, 21 00:01:44,319 --> 00:01:47,480 Speaker 2: it is not quite as simple as that. 22 00:01:47,480 --> 00:01:50,520 Speaker 1: That's a voice actor reading the words of Justice Wendy 23 00:01:50,680 --> 00:01:56,080 Speaker 1: Abraham of the Federal Court. On Wednesday, she handed down 24 00:01:56,120 --> 00:01:59,280 Speaker 1: a big win for Lairman, the man who is always 25 00:01:59,320 --> 00:02:03,640 Speaker 1: denied raping Brittany Higgins on a sofa in Federal Parliament 26 00:02:03,760 --> 00:02:08,240 Speaker 1: in March twenty nineteen. Back then, Lahman was a brash, 27 00:02:08,400 --> 00:02:13,520 Speaker 1: young Liberal ministerial staffer. He was twenty three, ambitious and 28 00:02:13,680 --> 00:02:18,760 Speaker 1: self assured. Now he's unemployed, living on a job seeker 29 00:02:18,760 --> 00:02:21,240 Speaker 1: payment worth about three hundred and forty dollars a week. 30 00:02:21,639 --> 00:02:25,720 Speaker 1: He's facing bankruptcy proceedings and another allegation of rape, which 31 00:02:25,760 --> 00:02:28,960 Speaker 1: is going through the Queensland courts, where Lahman will say 32 00:02:29,120 --> 00:02:33,760 Speaker 1: he's not guilty. Laman has nothing to lose and he's 33 00:02:33,840 --> 00:02:42,240 Speaker 1: fighting to get his life back. Justice Abraham's decision gives 34 00:02:42,280 --> 00:02:44,800 Speaker 1: the go ahead for Lairman to appeal the finding that's 35 00:02:44,840 --> 00:02:48,280 Speaker 1: put him where he is today. In April, Justice Michael 36 00:02:48,360 --> 00:02:51,040 Speaker 1: Lee of the Federal Court found he had, on the 37 00:02:51,080 --> 00:02:55,639 Speaker 1: balance of probabilities, raped another young Liberal staffer Brittany Higgins 38 00:02:55,760 --> 00:03:02,120 Speaker 1: in twenty nineteen. Laman has always maintained no sexual contact occurred. 39 00:03:03,720 --> 00:03:06,840 Speaker 3: And the first thing that sort of awoke me was 40 00:03:06,919 --> 00:03:10,880 Speaker 3: I was in a pain. My leg was kind of 41 00:03:10,880 --> 00:03:13,560 Speaker 3: being crushed. The senior staff was on top of me, 42 00:03:15,960 --> 00:03:17,320 Speaker 3: so as I woke up med ury. 43 00:03:17,560 --> 00:03:23,120 Speaker 1: Essentially, that's the Network ten interview with Brittany Higgins which 44 00:03:23,240 --> 00:03:24,440 Speaker 1: Laman objects to. 45 00:03:25,880 --> 00:03:29,400 Speaker 4: He was suing Network ten and Lisa Wilkinson for defamation 46 00:03:29,760 --> 00:03:33,400 Speaker 4: but instead suffered a devastating legal own goal. 47 00:03:35,120 --> 00:03:37,839 Speaker 1: Lee ordered Laerman to pay two million dollars to Ten 48 00:03:37,960 --> 00:03:41,840 Speaker 1: and Wilkinson to cover their legal bills. He doesn't have 49 00:03:41,920 --> 00:03:44,720 Speaker 1: the doe, but Lamon is putting his faith in the 50 00:03:44,760 --> 00:03:48,920 Speaker 1: courts again with an appeal against Lee's finding. Ten and 51 00:03:48,960 --> 00:03:52,000 Speaker 1: Wilkinson tried to kill off the appeal before it even began, 52 00:03:52,480 --> 00:03:55,560 Speaker 1: asking Justice Abraham to rule Laman would have to put 53 00:03:55,720 --> 00:03:58,400 Speaker 1: one hundred and eighty thousand dollars in a trust account 54 00:03:58,760 --> 00:04:06,560 Speaker 1: to cover their legal fees in case he lost. In 55 00:04:06,600 --> 00:04:10,400 Speaker 1: her decision on Wednesday, Abraham quoted just as Michael Lee's 56 00:04:10,440 --> 00:04:15,440 Speaker 1: original decision on costs, here's Lee's real voice in his judgment. 57 00:04:15,520 --> 00:04:19,400 Speaker 1: He gives ten and Wilkinson the respondents a sideswipe. 58 00:04:20,560 --> 00:04:24,240 Speaker 5: There are no real winners in this litigation. The result 59 00:04:24,400 --> 00:04:28,760 Speaker 5: is best characterized as a respondents overcoming a misconceived claim 60 00:04:29,520 --> 00:04:32,320 Speaker 5: in relation to a broadcast because they were able to 61 00:04:32,360 --> 00:04:36,520 Speaker 5: prove a trial the substantial truth of what the contemporaneous 62 00:04:36,560 --> 00:04:39,800 Speaker 5: material demonstrates that they considered to be the less substantial 63 00:04:39,800 --> 00:04:41,440 Speaker 5: obligation made in the broadcast. 64 00:04:42,800 --> 00:04:45,800 Speaker 1: Lee is saying Ten and Wilkinson failed on one of 65 00:04:45,839 --> 00:04:49,840 Speaker 1: their defenses, showing their journalism was reasonable, but they won 66 00:04:49,920 --> 00:04:53,080 Speaker 1: in the end because he believed Brittany Higgins was telling 67 00:04:53,120 --> 00:04:58,360 Speaker 1: the truth about the rape. Here's what Abraham said on Wednesday. 68 00:04:58,960 --> 00:05:03,000 Speaker 2: The primary judge made findings against all parties. All parties 69 00:05:03,040 --> 00:05:05,440 Speaker 2: now claim the primary judgment contains errors. 70 00:05:07,320 --> 00:05:10,200 Speaker 1: Network Ten told the court there was no public interest 71 00:05:10,279 --> 00:05:13,640 Speaker 1: in allowing Lamen to appeal. Abraham rejected that. 72 00:05:15,520 --> 00:05:19,080 Speaker 2: The appellate process is a fundamental aspect of the administration 73 00:05:19,200 --> 00:05:23,000 Speaker 2: of justice. The impact on him if he is denied 74 00:05:23,000 --> 00:05:24,719 Speaker 2: that right is self evident. 75 00:05:25,520 --> 00:05:28,720 Speaker 1: The judge noted that both Ten and Wilkinson had conceded 76 00:05:28,760 --> 00:05:32,520 Speaker 1: there were arguable grounds of appeal, and she said being 77 00:05:32,560 --> 00:05:35,040 Speaker 1: forced to put hundreds of thousands of dollars up front 78 00:05:35,320 --> 00:05:39,119 Speaker 1: would kill off Laman's appeal. She also noted Lamon would 79 00:05:39,120 --> 00:05:42,680 Speaker 1: probably be unable to pay costs if he loses. 80 00:05:43,560 --> 00:05:46,880 Speaker 2: I'm conscious that Network Ten and Lisa Wilkinson will incur 81 00:05:47,040 --> 00:05:51,320 Speaker 2: costs should this appeal proceed, which, if any costs orders 82 00:05:51,320 --> 00:05:54,800 Speaker 2: are made in their favor, will likely be unrecoverable. 83 00:05:55,760 --> 00:05:59,040 Speaker 1: She said, they'd have to wear that. This is what 84 00:05:59,080 --> 00:06:02,320 Speaker 1: defamation specials were expecting. By the way, it would have 85 00:06:02,320 --> 00:06:05,160 Speaker 1: been a big deal if Justice Abraham had allowed Ten 86 00:06:05,480 --> 00:06:08,480 Speaker 1: to effectively kill off this appeal because Lamon is out 87 00:06:08,480 --> 00:06:11,799 Speaker 1: of money. So now Laman's appeal gets to be heard 88 00:06:11,880 --> 00:06:14,680 Speaker 1: by the full bench of the Federal Court. And although 89 00:06:14,720 --> 00:06:17,920 Speaker 1: it'll cost Ten and Wilkinson a fortune in legal fees, 90 00:06:18,279 --> 00:06:21,280 Speaker 1: their only alternative would be to give up and not 91 00:06:21,440 --> 00:06:25,560 Speaker 1: defend their journalism. That's not an option, So back to 92 00:06:25,600 --> 00:06:28,119 Speaker 1: court will go at a date yet to be set. 93 00:06:32,720 --> 00:06:35,880 Speaker 1: Coming up why Bruce Lammon won't be turning to only 94 00:06:35,960 --> 00:06:50,080 Speaker 1: fans anytime soon. Bruce Lamon had another win on Wednesday. 95 00:06:50,480 --> 00:06:53,120 Speaker 1: Justics Abraham agreed with Laman that he shouldn't have to 96 00:06:53,120 --> 00:06:57,360 Speaker 1: pay the legal costs of Ten and Wilkinson yet Here's 97 00:06:57,400 --> 00:07:00,520 Speaker 1: what his lawyer, Zali Burrows argued during hearing of this 98 00:07:00,600 --> 00:07:03,239 Speaker 1: matter a few weeks ago. We've used a voice actor. 99 00:07:04,880 --> 00:07:07,040 Speaker 4: It's a bit rich in asking him to put up 100 00:07:07,080 --> 00:07:10,760 Speaker 4: two hundred thousand dollars when they are one of the contributors. 101 00:07:10,800 --> 00:07:14,640 Speaker 4: As to why he is pretty much unemployable. The only 102 00:07:14,680 --> 00:07:17,440 Speaker 4: shot he'd probably ever be making money is by going 103 00:07:17,440 --> 00:07:19,760 Speaker 4: on only fans or something silly like that. 104 00:07:21,080 --> 00:07:25,320 Speaker 1: Zally Burrows suggested Ten was being a bully. Here's what 105 00:07:25,520 --> 00:07:26,760 Speaker 1: Justice Abraham said. 106 00:07:28,560 --> 00:07:31,280 Speaker 2: There is no dispute that mister Lherman is on Centralic 107 00:07:31,360 --> 00:07:35,920 Speaker 2: benefits and is impecunious. Network Ten accepts that mister Lammon 108 00:07:36,000 --> 00:07:37,800 Speaker 2: does not have the money to pay the order. 109 00:07:38,880 --> 00:07:41,640 Speaker 1: At the last hearing, Ten told the court they'd commenced 110 00:07:41,720 --> 00:07:46,200 Speaker 1: bankruptcy proceedings against Laman, although his lawyer quibbled with this. 111 00:07:47,680 --> 00:07:51,360 Speaker 1: Ten's lawyer, Matthew Collins Casey, said they didn't have high hopes. 112 00:07:52,560 --> 00:07:55,640 Speaker 6: I think we are, frankly all proceeding on the basis 113 00:07:56,040 --> 00:07:59,960 Speaker 6: that there'll never be any recovery. But that's just an 114 00:08:00,000 --> 00:08:04,000 Speaker 6: assumption on our part. Only when a trustee in bankruptcy 115 00:08:04,080 --> 00:08:07,400 Speaker 6: gets in and looks at mister Lehman's affairs, will we 116 00:08:07,480 --> 00:08:08,320 Speaker 6: have some clarity? 117 00:08:09,400 --> 00:08:12,640 Speaker 1: Justice Abraham said, to allow the bankruptcy process to proceed 118 00:08:12,720 --> 00:08:15,640 Speaker 1: now would only mean more people have to pay more 119 00:08:15,680 --> 00:08:17,600 Speaker 1: legal fees for more proceedings. 120 00:08:20,000 --> 00:08:23,320 Speaker 2: Mister Lamman would likely be declared bankrupt. With all that 121 00:08:23,320 --> 00:08:27,240 Speaker 2: that entails, it would likely affect his prosecution of any 122 00:08:27,240 --> 00:08:31,280 Speaker 2: appeal that the first respondent asserts mister Lherman has no 123 00:08:31,400 --> 00:08:33,840 Speaker 2: ability to obtain money in any event, is of no 124 00:08:34,000 --> 00:08:38,680 Speaker 2: moment in the circumstances. I'm satisfied that the balance of 125 00:08:38,760 --> 00:08:41,760 Speaker 2: convenience favors the granting of a stay of the costs order. 126 00:08:42,600 --> 00:08:44,920 Speaker 1: In other words, if Lehman wins the appeal, the two 127 00:08:44,960 --> 00:08:48,080 Speaker 1: million dollars wouldn't have to be paid anyway. So in 128 00:08:48,160 --> 00:09:00,720 Speaker 1: legal terms, Bruce Lahmon lives to fight another day. All 129 00:09:00,760 --> 00:09:04,040 Speaker 1: the big court cases alive for us subscribers at The Australian, 130 00:09:04,200 --> 00:09:07,760 Speaker 1: where a year of the nation's best journalism costs less 131 00:09:07,800 --> 00:09:11,480 Speaker 1: than a single hour of a top barrister's time. Join 132 00:09:11,600 --> 00:09:13,920 Speaker 1: us at Theaustralian dot com dot au