1 00:00:04,360 --> 00:00:07,360 Speaker 1: From The Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:07,440 --> 00:00:14,400 Speaker 1: It's Tuesday, October fifteen. King Charles hits Australia on Friday, 3 00:00:14,480 --> 00:00:17,560 Speaker 1: but there's a dispute over whether he really holds the 4 00:00:17,600 --> 00:00:21,160 Speaker 1: title King of Australia. The government has agreed to pass 5 00:00:21,239 --> 00:00:25,720 Speaker 1: special legislation enabling the title, but it won't happen before 6 00:00:25,760 --> 00:00:33,760 Speaker 1: he arrives. Another Sydney restaurant owner has shared anti Semitic material, 7 00:00:34,159 --> 00:00:36,959 Speaker 1: this time an image of an Israeli soldier in the 8 00:00:37,000 --> 00:00:40,479 Speaker 1: form of a pig. Those stories alive now at the 9 00:00:40,560 --> 00:00:48,519 Speaker 1: Australian dot com dot au. Bruce Lemmon has no money 10 00:00:48,600 --> 00:00:51,080 Speaker 1: and the only way he could pay costs for an 11 00:00:51,080 --> 00:00:55,800 Speaker 1: appeal is something silly like going on only fans. That's 12 00:00:55,840 --> 00:00:58,120 Speaker 1: the argument made in the Federal Court on Monday by 13 00:00:58,160 --> 00:01:01,640 Speaker 1: a lawyer for Lamon, who comeback for an attempt to 14 00:01:01,720 --> 00:01:05,640 Speaker 1: clear his name today. Why Lherman says it's his right 15 00:01:05,920 --> 00:01:07,000 Speaker 1: to appeal. 16 00:01:14,760 --> 00:01:17,679 Speaker 2: Having escaped the lines dead, Mister Lehman made the mistake 17 00:01:17,720 --> 00:01:19,199 Speaker 2: of coming back for his heat. 18 00:01:20,720 --> 00:01:24,120 Speaker 1: After a Federal Court judge makes this joke at your expense, 19 00:01:24,319 --> 00:01:28,280 Speaker 1: you'd think you may hesitate to go again. But Bruce 20 00:01:28,360 --> 00:01:31,440 Speaker 1: Lahmon is back, and this time he's fighting to have 21 00:01:31,520 --> 00:01:35,199 Speaker 1: the full bench of the Federal Court overturn Justice Michael 22 00:01:35,280 --> 00:01:39,120 Speaker 1: Lee's finding that, on the balance of probabilities he raped 23 00:01:39,200 --> 00:01:44,600 Speaker 1: Brittany Higgins. He's also seeking to delay payment of the 24 00:01:44,640 --> 00:01:47,960 Speaker 1: two million dollars Justice Lee ordered him to hand over 25 00:01:48,160 --> 00:01:49,040 Speaker 1: to Network Ten. 26 00:01:50,840 --> 00:01:54,960 Speaker 3: Mister Lehman is arguably probably Australia's most hated man. 27 00:01:56,040 --> 00:01:58,080 Speaker 1: These are the words spoken in a Federal court on 28 00:01:58,160 --> 00:02:03,160 Speaker 1: Monday by Zally Burrows, a barrister representing Bruce Lamman. We've 29 00:02:03,240 --> 00:02:04,320 Speaker 1: used a voice actor. 30 00:02:05,640 --> 00:02:07,960 Speaker 3: He's a young man, he's got his whole life behind 31 00:02:08,040 --> 00:02:10,120 Speaker 3: him and he really does need his day in court 32 00:02:10,240 --> 00:02:13,840 Speaker 3: to basically defend this charge of being labeled a rapist. 33 00:02:13,880 --> 00:02:17,200 Speaker 3: Even though it's on a civil standard. He's forever going 34 00:02:17,240 --> 00:02:19,080 Speaker 3: to be on the Internet and will be labeled a 35 00:02:19,200 --> 00:02:22,600 Speaker 3: rapist and people don't know the difference between a criminal 36 00:02:22,680 --> 00:02:24,960 Speaker 3: standard or civil standard. 37 00:02:25,880 --> 00:02:29,680 Speaker 1: This hearing is not the appeal. It's two applications heard 38 00:02:29,880 --> 00:02:33,960 Speaker 1: before trial. The first is an application by the defendants 39 00:02:34,120 --> 00:02:39,760 Speaker 1: Network ten and Lisa Wilkinson seeking security for costs. That is, 40 00:02:39,960 --> 00:02:42,400 Speaker 1: they want the court to order Laman to put two 41 00:02:42,480 --> 00:02:46,880 Speaker 1: hundred thousand dollars in an account. During the hearing on Monday, 42 00:02:47,000 --> 00:02:50,640 Speaker 1: Matt Collins CAC, the barrister for Network ten, reduced that 43 00:02:50,680 --> 00:02:54,040 Speaker 1: figure to one hundred and eighty thousand dollars, estimating the 44 00:02:54,080 --> 00:02:58,080 Speaker 1: appeal would take two days to hear. But everyone agrees 45 00:02:58,280 --> 00:03:02,560 Speaker 1: Lamman doesn't have anything like that amount of money. 46 00:03:03,600 --> 00:03:06,680 Speaker 4: We don't understand there to be any controversy between the 47 00:03:06,720 --> 00:03:11,400 Speaker 4: parties that mister Lehman is impecunious and the effect of 48 00:03:11,440 --> 00:03:14,920 Speaker 4: an order for security for costs would likely be to 49 00:03:14,960 --> 00:03:17,079 Speaker 4: stultify the hearing of the appeal. 50 00:03:18,040 --> 00:03:20,239 Speaker 1: In other words, that would be the end of the case. 51 00:03:21,120 --> 00:03:24,520 Speaker 1: Lahman's lawyer, Zali Burrows says that would be an unfair 52 00:03:24,600 --> 00:03:26,720 Speaker 1: denial of his right to appeal. 53 00:03:28,320 --> 00:03:30,520 Speaker 3: It's a bit rich in asking him to put up 54 00:03:30,560 --> 00:03:33,600 Speaker 3: two hundred thousand dollars when they are one of the 55 00:03:33,600 --> 00:03:37,800 Speaker 3: contributors as to why he is pretty much unemployable. The 56 00:03:37,800 --> 00:03:40,640 Speaker 3: only shot he'd probably ever be making money is by 57 00:03:40,680 --> 00:03:43,200 Speaker 3: going on only fans or something silly like that. 58 00:03:45,880 --> 00:03:48,000 Speaker 1: For his part, Bruce Lemmon is telling the court the 59 00:03:48,040 --> 00:03:51,360 Speaker 1: reason he is impecunious, that he is penniless is that 60 00:03:51,440 --> 00:03:55,040 Speaker 1: his reputation and job prospects have been destroyed by media 61 00:03:55,120 --> 00:04:00,160 Speaker 1: reporting about Brittany Higgins allegations. Remember, Lahman has a never 62 00:04:00,240 --> 00:04:03,320 Speaker 1: been convicted in a criminal court. He was charged and 63 00:04:03,440 --> 00:04:06,920 Speaker 1: went trial in the Act, but the trial was aborted 64 00:04:07,000 --> 00:04:11,320 Speaker 1: with no verdict because of Dura misconduct. The Act's Director 65 00:04:11,360 --> 00:04:15,280 Speaker 1: of Public Prosecutions declined to bring on another trial, saying 66 00:04:15,320 --> 00:04:20,640 Speaker 1: Brittney Higgins's mental health was too fragile. Lahman's lawyers have 67 00:04:20,720 --> 00:04:24,200 Speaker 1: told the court he effectively lost his job with British 68 00:04:24,240 --> 00:04:28,680 Speaker 1: American Tobacco on February fifteen, twenty twenty one, the day 69 00:04:28,720 --> 00:04:32,000 Speaker 1: Brittney higgins allegations were first published by news dot com 70 00:04:32,000 --> 00:04:35,039 Speaker 1: dore U and then later that day by Network ten 71 00:04:35,200 --> 00:04:39,280 Speaker 1: on its show The Project, But neither Ten nor News 72 00:04:39,279 --> 00:04:43,120 Speaker 1: dot Com doree U named Laman. Ten is arguing that 73 00:04:43,200 --> 00:04:46,960 Speaker 1: it wasn't until August, when police charged him with sexual 74 00:04:46,960 --> 00:04:51,520 Speaker 1: assault without consent, that Lahman's name went into the public domain. 75 00:04:52,600 --> 00:04:57,480 Speaker 4: The substantive cause of mister Lehman's impecuniosity in our submission 76 00:04:57,880 --> 00:05:01,320 Speaker 4: must logically arise from the fact that he was subsequently 77 00:05:01,480 --> 00:05:04,080 Speaker 4: charged with rape and then named. 78 00:05:04,680 --> 00:05:07,080 Speaker 1: In other words, says Ten, we didn't name him, so 79 00:05:07,160 --> 00:05:10,680 Speaker 1: we're not responsible for his lack of a job. Matt 80 00:05:10,720 --> 00:05:13,520 Speaker 1: Collins told the court ten served Bruce Lemmon with a 81 00:05:13,560 --> 00:05:17,719 Speaker 1: bankruptcy notice electronically on twenty fifth of July twenty twenty 82 00:05:17,720 --> 00:05:21,279 Speaker 1: four and in person by a process server who tracked 83 00:05:21,320 --> 00:05:26,560 Speaker 1: him down on August five. Laman's lawyer denies that. She 84 00:05:26,720 --> 00:05:31,000 Speaker 1: says ten unsuccessfully attempted to serve the notice on Lahman's mother. 85 00:05:32,360 --> 00:05:35,680 Speaker 1: Colin said ten doesn't have any expectation that Laman has 86 00:05:35,800 --> 00:05:37,640 Speaker 1: two million dollars lying around. 87 00:05:39,640 --> 00:05:42,719 Speaker 4: I think we are frankly all proceeding on the basis 88 00:05:43,120 --> 00:05:47,040 Speaker 4: that there'll never be any recovery. But that's just an 89 00:05:47,080 --> 00:05:51,760 Speaker 4: assumption on our part. Only when a trustee in bankruptcy 90 00:05:51,880 --> 00:05:55,200 Speaker 4: gets in and looks at mister Lehman's affairs will we 91 00:05:55,279 --> 00:06:04,640 Speaker 4: have some clarityll. 92 00:06:00,240 --> 00:06:03,520 Speaker 1: Burrows, barrister for Bruce Lahman, says Tenant tried to name 93 00:06:03,600 --> 00:06:06,680 Speaker 1: and shame Laman in relation to another rape charge. He 94 00:06:06,760 --> 00:06:09,640 Speaker 1: is now facing a claim that he raped a woman 95 00:06:09,760 --> 00:06:13,320 Speaker 1: into Woomba, which is yet to be heard. Laman has 96 00:06:13,400 --> 00:06:15,800 Speaker 1: not yet entered a plea, but he is likely to 97 00:06:15,839 --> 00:06:18,160 Speaker 1: defend that charge. 98 00:06:18,320 --> 00:06:21,640 Speaker 3: My client is on a centerlink income and he won't 99 00:06:21,680 --> 00:06:24,159 Speaker 3: be able to meet a security of costs order. 100 00:06:25,600 --> 00:06:28,760 Speaker 1: Burrows noted Laerman had won settlements of around two hundred 101 00:06:28,800 --> 00:06:30,920 Speaker 1: thousand dollars from other publishers. 102 00:06:32,320 --> 00:06:35,279 Speaker 3: Now, if Channel ten were making a commercial decision, you 103 00:06:35,320 --> 00:06:38,040 Speaker 3: would think that they would be wanting to offer something similar. 104 00:06:38,160 --> 00:06:41,440 Speaker 3: If this was all about money. The security of costs 105 00:06:41,520 --> 00:06:44,919 Speaker 3: for about two hundred thousand dollars is a bit disingenuous 106 00:06:45,360 --> 00:06:48,640 Speaker 3: when basically they would make that on advertising revenue just 107 00:06:48,760 --> 00:06:50,560 Speaker 3: reporting on these proceedings. 108 00:06:51,040 --> 00:06:53,400 Speaker 1: She said, two hundred thousand just was not a lot 109 00:06:53,400 --> 00:06:54,719 Speaker 1: of money to Network ten. 110 00:06:55,640 --> 00:06:58,480 Speaker 3: This application for security of costs is pretty much a 111 00:06:58,520 --> 00:07:01,960 Speaker 3: bullying tactic just to hard fisted and shut down this 112 00:07:02,000 --> 00:07:05,160 Speaker 3: appeal because they know my client will not be able 113 00:07:05,200 --> 00:07:07,960 Speaker 3: to come up with two hundred thousand dollars at all. 114 00:07:08,760 --> 00:07:11,720 Speaker 1: Burrow said Lahman's mental health had suffered from the negative 115 00:07:11,760 --> 00:07:14,280 Speaker 1: publicity and that he was watching the live stream of 116 00:07:14,320 --> 00:07:17,400 Speaker 1: the hearing rather than showing up in person because he 117 00:07:17,520 --> 00:07:21,120 Speaker 1: was scared of what she called the media onslaught and 118 00:07:21,160 --> 00:07:22,640 Speaker 1: assault outside court. 119 00:07:23,120 --> 00:07:25,760 Speaker 3: The effect of all this is that it really really 120 00:07:25,840 --> 00:07:27,840 Speaker 3: has smashed my client. 121 00:07:30,440 --> 00:07:33,160 Speaker 1: Lherman is making his appeal on four grounds. 122 00:07:34,520 --> 00:07:36,200 Speaker 4: The first two are hopeless. 123 00:07:37,240 --> 00:07:41,240 Speaker 1: Colin said three and four are extraordinarily weak, but not hopeless. 124 00:07:42,000 --> 00:07:46,040 Speaker 4: Mister Lhirman has had his day in court, more than 125 00:07:46,080 --> 00:07:50,440 Speaker 4: a day in court, twenty six days in court in 126 00:07:50,520 --> 00:07:56,160 Speaker 4: circumstances where factual findings went against him and no novel 127 00:07:56,280 --> 00:07:59,280 Speaker 4: or important questions of law arise. 128 00:08:01,160 --> 00:08:04,400 Speaker 1: Collins is also arguing that there's no public interest in 129 00:08:04,440 --> 00:08:06,600 Speaker 1: the continuation of the proceedings. 130 00:08:07,160 --> 00:08:12,160 Speaker 4: He brought the proceeding. Of course, the findings are devastating 131 00:08:12,240 --> 00:08:15,880 Speaker 4: to mister Lahman, but that doesn't mean that the reversal 132 00:08:15,920 --> 00:08:21,040 Speaker 4: of those findings serve some broader public interest. He's had 133 00:08:21,080 --> 00:08:24,920 Speaker 4: his day in court. He had a very expensive trial. 134 00:08:26,040 --> 00:08:29,720 Speaker 4: It was conducted in the full glare of the entire nation. 135 00:08:30,640 --> 00:08:35,280 Speaker 4: He was very ably represented, and his honor has made 136 00:08:35,400 --> 00:08:38,240 Speaker 4: findings at the end of the day of the kind 137 00:08:38,320 --> 00:08:41,440 Speaker 4: that civil courts make every day of the week. 138 00:08:43,520 --> 00:08:48,760 Speaker 1: Here's what Sukrasanthu, SC. Council for Lisa Wilkinson said about that. 139 00:08:50,200 --> 00:08:52,920 Speaker 5: He chose to ender the fray. He walked over the 140 00:08:53,000 --> 00:08:55,720 Speaker 5: line and asked this court, knowing the likelihood that my 141 00:08:55,840 --> 00:08:59,559 Speaker 5: client and Network ten would plead truth. Mister Lahman has 142 00:08:59,559 --> 00:09:03,000 Speaker 5: had his day in court. His impecuniosity did not deprive 143 00:09:03,080 --> 00:09:05,280 Speaker 5: him of having his day in court, and he's had it, 144 00:09:05,679 --> 00:09:07,680 Speaker 5: why should he get another day in court? 145 00:09:12,720 --> 00:09:15,920 Speaker 1: Coming up the question of whether Bruce Lammon was reckless. 146 00:09:16,360 --> 00:09:32,560 Speaker 1: That's after the break. One of Bruce Lammon's submissions, one 147 00:09:32,559 --> 00:09:35,520 Speaker 1: of the two Matt Collins says are hopeless, is that 148 00:09:35,720 --> 00:09:38,640 Speaker 1: Justice Lee made a mistake in finding that Bruce Lammon 149 00:09:38,800 --> 00:09:43,280 Speaker 1: was recklessly indifferent to whether or not Brittany Higgins consented. 150 00:09:44,640 --> 00:09:46,960 Speaker 2: So I'm satisfied that it is more likely than not 151 00:09:47,120 --> 00:09:49,440 Speaker 2: that mister Lehman's state of mind was such that he 152 00:09:49,559 --> 00:09:52,360 Speaker 2: was so intent upon gratification to be indifferent to Miss 153 00:09:52,440 --> 00:09:56,000 Speaker 2: Higgins's consent, and hence where head was sexual intercourse without 154 00:09:56,040 --> 00:10:00,560 Speaker 2: caring whether she consented. He's pursuit of gratification here one 155 00:10:00,559 --> 00:10:03,240 Speaker 2: way or the other, whether Miss Higgins understood or agreed 156 00:10:03,240 --> 00:10:04,199 Speaker 2: to what was going on. 157 00:10:04,880 --> 00:10:08,120 Speaker 1: Lahman says this is unfair because this question of reckless 158 00:10:08,160 --> 00:10:11,680 Speaker 1: indifference to Higgins's consent was never put to him in 159 00:10:11,760 --> 00:10:15,240 Speaker 1: cross examination. Colin's on Monday took the court to a 160 00:10:15,280 --> 00:10:18,320 Speaker 1: part of the cross examination from November twenty twenty three, 161 00:10:18,960 --> 00:10:23,120 Speaker 1: using this to explain why he never directly asked Laman 162 00:10:23,440 --> 00:10:31,240 Speaker 1: whether he obtained Higgins's consent. Here's that cross examination with 163 00:10:31,440 --> 00:10:35,280 Speaker 1: Matt Collins questioning Bruce Lahman. We've used voice actors. 164 00:10:36,200 --> 00:10:39,640 Speaker 4: Now. Did you come into the support staff area and 165 00:10:39,720 --> 00:10:44,920 Speaker 4: find Miss Higgins semi conscious or passed out? No, she 166 00:10:45,160 --> 00:10:48,400 Speaker 4: wasn't in that area. Did you enter the Minister's office 167 00:10:48,880 --> 00:10:52,960 Speaker 4: and find Miss Higgins on the minister's couch either semi 168 00:10:53,000 --> 00:10:55,000 Speaker 4: conscious or passed out. 169 00:10:55,720 --> 00:10:55,800 Speaker 2: No. 170 00:10:56,160 --> 00:10:59,040 Speaker 4: I didn't enter the Minister's office during part of the 171 00:10:59,080 --> 00:11:03,880 Speaker 4: period between one eight am and two thirty am on 172 00:11:03,960 --> 00:11:08,479 Speaker 4: the twenty third of March twenty nineteen. You had sexual 173 00:11:08,720 --> 00:11:10,360 Speaker 4: intercourse with miss Higgins. 174 00:11:10,480 --> 00:11:10,920 Speaker 2: I did not. 175 00:11:12,720 --> 00:11:14,680 Speaker 4: I put to you that you were aware that Miss 176 00:11:14,760 --> 00:11:18,160 Speaker 4: Higgins was either passed out or semi conscious. 177 00:11:18,640 --> 00:11:20,000 Speaker 2: No, Doctor Collins. 178 00:11:20,480 --> 00:11:23,599 Speaker 4: I put to you, mister Luhman, that you were approaching 179 00:11:23,600 --> 00:11:28,520 Speaker 4: a climax when Miss Higgins came to regaining a consciousness 180 00:11:28,559 --> 00:11:31,359 Speaker 4: of her surroundings. No, Doctor Collins. 181 00:11:31,920 --> 00:11:34,760 Speaker 1: Collins noted that the judge found that Higgins was either 182 00:11:34,880 --> 00:11:38,800 Speaker 1: unconscious or not fully aware of her surroundings, but came 183 00:11:38,920 --> 00:11:41,320 Speaker 1: to during the act of intercourse. 184 00:11:43,000 --> 00:11:46,960 Speaker 4: Did you, at any time seek Miss Higgins's consent to 185 00:11:47,040 --> 00:11:51,080 Speaker 4: have sexual intercourse with you. I didn't have sexual intercourse 186 00:11:51,080 --> 00:11:56,280 Speaker 4: with her. Well, answer my question, did you at any 187 00:11:56,400 --> 00:12:00,880 Speaker 4: time seek her consent to have sexual inter course with her? 188 00:12:02,040 --> 00:12:05,360 Speaker 1: There was an objection which was overruled and then Justice 189 00:12:05,440 --> 00:12:06,400 Speaker 1: Lee intervened. 190 00:12:07,640 --> 00:12:10,200 Speaker 6: I assume your answer to the question is, at no 191 00:12:10,360 --> 00:12:13,040 Speaker 6: stage did you seek to procure consent to have any 192 00:12:13,080 --> 00:12:17,720 Speaker 6: sexual intercourse? Yes, because you deny the fact that sexual 193 00:12:17,760 --> 00:12:21,400 Speaker 6: intercourse took place, and you deny you asked for any consent, 194 00:12:21,520 --> 00:12:22,800 Speaker 6: Is that correct? Yes? 195 00:12:23,320 --> 00:12:28,520 Speaker 1: Yes, Colin says there's no procedural unfairness because Laman was 196 00:12:28,559 --> 00:12:40,280 Speaker 1: adamant they didn't have sex at all. When that trial starts, 197 00:12:40,320 --> 00:12:42,720 Speaker 1: we'll take you into the courtroom with us. And of 198 00:12:42,760 --> 00:12:45,640 Speaker 1: course it and all the big trials are reported live 199 00:12:46,040 --> 00:12:50,200 Speaker 1: with unrivaled analysis at the Australian dot com dot Au