WEBVTT - Lehrmann’s bid to throw out rape case

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<v Speaker 1>You can listen to the Front on your smart sneaker

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<v Speaker 1>every morning to hear the latest episode. Just say play

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<v Speaker 1>the news from the Australian. From the Australian, Here's what's

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<v Speaker 1>on the front. I'm Claire Harvey. It's Tuesday, June eighteenth.

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<v Speaker 1>The family of murder victim Lynnett Sims have launched an

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<v Speaker 1>impassioned defense of Lynn's law and nobody no Parole law

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<v Speaker 1>designed to keep her killer Chris Dawson behind bars unless

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<v Speaker 1>he reveals what he did with Lynn's remains. A campaign

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<v Speaker 1>supported by wrongly convicted women Kathleen Folbey and Lindy Chamberlain

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<v Speaker 1>is demanding a repeal of the New South Wales law.

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<v Speaker 1>Bud greg and Marilyn Sims say the families of homicide

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<v Speaker 1>victims deserve certainty. Would scrap offshore wind projects in Australia.

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<v Speaker 1>National's leader David Little Proud says renewables must be on

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<v Speaker 1>rooftops where the environment can't be destroyed. It comes after

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<v Speaker 1>Labour declared an offshore wind zone twenty kilometers off the

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<v Speaker 1>Illawarra coast in New South Wales. Chinese officials have attempted

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<v Speaker 1>to block an Australian journalist at a press conference in

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<v Speaker 1>Parliament House with visiting Chinese Premier Lie Chung and Anthony Albanizi.

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<v Speaker 1>Extraordinary scenes unfolded as Australian officials physically blocked the Chinese

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<v Speaker 1>personnel from obstructing Chung, who spent nearly three years in

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<v Speaker 1>a Chinese jail and now works at Sky News Australia.

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<v Speaker 1>Anthony Albanezi said he didn't see what was going on.

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<v Speaker 2>Look, I'm not aware of those issues. It's important that

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<v Speaker 2>people be allowed to participate fully and that's what should

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<v Speaker 2>happen in this building or anywhere else in Australia.

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<v Speaker 1>The visit is a big deal for Australia, with Premier

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<v Speaker 1>Lee saying the relationship is on the right track and

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<v Speaker 1>announcing Australian nationals will be allowed to enter China for

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<v Speaker 1>holidays or work without needing a visa. That story is

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<v Speaker 1>live now at the Australian dot com dot Au. Bruce

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<v Speaker 1>Lahman will fight to have sexual assault charges against him

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<v Speaker 1>thrown out of court. Media organizations were booted out of

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<v Speaker 1>court into Woomba on Monday when a complainant alleged Laman

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<v Speaker 1>sexually assaulted her in twenty twenty one. Today why Laman

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<v Speaker 1>is arguing, there's no case to answer. I'm buzzing this morning,

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<v Speaker 1>I since the crack of dawn. Those were the words

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<v Speaker 1>spoken by Bruce Lahman as he made his way into

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<v Speaker 1>the to Woomba Magistrates Court on Monday morning. They're being

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<v Speaker 1>read by a voice actor. Hey, Bruce, what happened that night?

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<v Speaker 1>The former Liberal staffer was surrounded by a media scrum

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<v Speaker 1>that had descended on the Queensland City.

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<v Speaker 3>Target.

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<v Speaker 1>There's Peter Costello when you need him, Laman was referring

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<v Speaker 1>there to a physical altercation between the former nine chairmen

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<v Speaker 1>and a reporter from The Australian at Canberra Airport. Lea

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<v Speaker 1>Mendez was knocked to the ground while trying to question

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<v Speaker 1>Costello about allegations of bullying and harassment at the TV network.

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<v Speaker 1>Twenty nine year old Laman is changed with two counts

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<v Speaker 1>of rape relating to an incident that's alleged to have

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<v Speaker 1>happened in his hometown to Woomba in October twenty twenty one.

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<v Speaker 1>He's yet to formally enter a plea, but will defend

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<v Speaker 1>the charges. It was Lahman's first appearance in these proceedings.

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<v Speaker 1>He came with a silk Andrew Hawkkase who's gone in

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<v Speaker 1>with an aggressive approach. He'll be arguing the whole matter

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<v Speaker 1>should be thrown out. After what unfolded on Monday, Laws

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<v Speaker 1>in place in Queensland prior to October meant people accused

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<v Speaker 1>of sexual assault couldn't be named until a matter was

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<v Speaker 1>committed to trial. Committal is a process in a lower

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<v Speaker 1>court where the evidence is tested. If the magistrate believes

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<v Speaker 1>the case should proceed, it goes to a higher court

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<v Speaker 1>where it's heard before judge and jury. Lhman's lawyers fought

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<v Speaker 1>his identification for weeks after the law was scrapped, but

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<v Speaker 1>the Queensland Supreme Court allowed him to be named.

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<v Speaker 4>A high profile person charged with two counts of rape

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<v Speaker 4>in the regional Queensland city of Toowoomba can finally be

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<v Speaker 4>named as Farmer Liberal Party staffer Bruce Lherman.

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<v Speaker 2>Twomber Court House isn't typically known for these sorts of

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<v Speaker 2>high profile cases.

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<v Speaker 1>Mackenzie's got is a reporter with The Australian. She was

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<v Speaker 1>into Womba for the hearing.

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<v Speaker 2>So the public gallery only had sixteen seats and they

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<v Speaker 2>were full almost immediately, so we had people fitting five

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<v Speaker 2>to a roll four We had people standing in the

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<v Speaker 2>middle of the courtroom. At the back we had people

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<v Speaker 2>sitting on the floor. It was quite a sight to see.

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<v Speaker 2>I don't think these courtrooms are really set up for

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<v Speaker 2>these types of notorious cases.

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<v Speaker 1>News organizations, including News Corp Australia, which publishes The Australian

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<v Speaker 1>Nine and the ABC, applied to be present while the complainant,

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<v Speaker 1>a twenty eight year old woman, gave evidence. She was

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<v Speaker 1>cross examined by Council for Lairman, giving evidence over about

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<v Speaker 1>an hour. A barrister for the news outlets, Jessica Goldie,

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<v Speaker 1>argued it was important for journalists to hear the complainant's

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<v Speaker 1>evidence so it could be accurately reported.

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<v Speaker 4>It's an important fundamental proposition to our legal system. This

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<v Speaker 4>matter is a unique case which has attracted a high

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<v Speaker 4>degree of national interest in media coverage. There is therefore

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<v Speaker 4>a high public interest in the matter.

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<v Speaker 1>But Lahirman's defense lawyer Andrewhaw and Crown Prosecutor Nicole Friedwald

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<v Speaker 1>both opposed the application. Both said they were concerned the

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<v Speaker 1>details of the complainant's evidence in chief and cross examination

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<v Speaker 1>would make it easy for her to be identified.

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<v Speaker 2>So obviously in these sort of matters. The law does

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<v Speaker 2>protect a complainant coming forward, so to encourage others to

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<v Speaker 2>come forward in these sorts of cases, our legal presentation

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<v Speaker 2>did put forward alternatives, saying we could be in a

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<v Speaker 2>separate courtroom as she gave her evidence via video link,

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<v Speaker 2>or we could be obscured from view, but both the

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<v Speaker 2>Crown and the defense were concerned about privacy and the

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<v Speaker 2>fact that she may be identified via the evidence that

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<v Speaker 2>she was providing.

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<v Speaker 1>Magistrate Mark Howden ultimately blocked the application, meaning members of

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<v Speaker 1>the media, including Mackenzie, were sent out of the courtroom

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<v Speaker 1>while the complainant gave her evidence.

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<v Speaker 2>So it was frustrating for journalists not to be in

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<v Speaker 2>the room as the complainant gave her evidence, but I

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<v Speaker 2>think it was largely expected. Queensland courts have lacked transparency

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<v Speaker 2>in the past and this matter does tho par for

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<v Speaker 2>the course of what to expect when covering these sorts

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<v Speaker 2>of cases in Queensland.

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<v Speaker 1>Magistrate Howden acknowledged the high degree of public interest in

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<v Speaker 1>this case and accepted the principle of open justice, but

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<v Speaker 1>he said it doesn't overrule the complainant's right to privacy

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<v Speaker 1>in a proceeding like this.

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<v Speaker 2>So it was all very quick. We were in there

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<v Speaker 2>by two and out of there by two ten pm. Basically,

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<v Speaker 2>once we got back in the room, mister Lehman's barrister,

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<v Speaker 2>Andrew Hall Casey, told the court that they would be

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<v Speaker 2>making a submission to basically say there is no case

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<v Speaker 2>to move forward to trial. Mister Lehrman's defense did say

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<v Speaker 2>that the twelve page submission would have some density and

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<v Speaker 2>it would highlight the insufficient evidence within Queensland Police's case.

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<v Speaker 1>Behind closed doors, the complainant laid out her allegations against

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<v Speaker 1>Bruce Lammon. Charges were first laid in January twenty twenty three.

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<v Speaker 1>According to police documents, the complainant heard about allegations against

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<v Speaker 1>Bruce Lammon by Brittney Higgins that prompted the to Womber

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<v Speaker 1>woman to identify Laman as the man she had a

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<v Speaker 1>sexual encounter with in October twenty twenty one. The matter

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<v Speaker 1>heard on Monday into Woomba is unrelated to the earlier

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<v Speaker 1>allegation and the proceedings that have unfolded in the years since.

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<v Speaker 1>In this matter, the complainant says she met Lamman at

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<v Speaker 1>a strip club in twenty twenty one, where he introduced

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<v Speaker 1>himself as Bryce to Woomba is Lahman's hometown, and it's

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<v Speaker 1>believed he was staying with his mother when this incident

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<v Speaker 1>is alleged to have occurred. He was on bail at

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<v Speaker 1>the time, having just appeared in court over an allegation

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<v Speaker 1>made by Brittaney Higgins that he raped her in Parliament

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<v Speaker 1>House in early twenty nineteen. That trial was sensationally aborted

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<v Speaker 1>in late twenty twenty two Good Evening.

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<v Speaker 3>In an extraordinary turn of events, the rape trial of

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<v Speaker 3>former Liberal staff at Bruce Lherman has been aborted after

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<v Speaker 3>a dura's misconduct was discovered by a court sheriff.

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<v Speaker 1>That's when Bruce lamb ensued Network ten and Wilkinson for defamation.

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<v Speaker 1>The allegation made by Brittany Higgins was found on the

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<v Speaker 1>balance of probabilities to be true by Justice Michael Lee

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<v Speaker 1>in the Federal court defamation proceedings brought by Laman against

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<v Speaker 1>Network ten and presenter Lisa Wilkinson. The complainant in the

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<v Speaker 1>Tawomba matter, says she had consensual sex with Laman on

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<v Speaker 1>the night they met and twice the next morning, but

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<v Speaker 1>that he failed to use a condom despite her expectation.

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<v Speaker 1>That he do so, she says she never consented to

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<v Speaker 1>unprotected intercourse and if her allegation is proven, it's technically

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<v Speaker 1>considered rape under Queensland law. Colloquially it's called stealfing and

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<v Speaker 1>it was formally criminalized in Queensland in March as part

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<v Speaker 1>of sweeping reforms to the way allihations of sexual assault

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<v Speaker 1>and coercive control are treated by the justice system. Coming

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<v Speaker 1>up Bruce Lamon's bid to get the whole matter thrown out.

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<v Speaker 1>We'll be back after this break. So there's still lots

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<v Speaker 1>of unanswered questions, aren't there, Mackenzie. You haven't been allowed

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<v Speaker 1>to see the police brief of evidence, you haven't been

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<v Speaker 1>allowed to hear the complainant's claims about what happened that night.

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<v Speaker 1>So what do we know about what the magistrate's going

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<v Speaker 1>to do in terms of committing this to trial or not.

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<v Speaker 2>The matter has been adjourned until July fourth. At that

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<v Speaker 2>time we will reconvene and the submission put forward by

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<v Speaker 2>the defense will be considered by the magistrate. The Crown

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<v Speaker 2>will have to provide its response in writing by July three,

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<v Speaker 2>so we should at that point know whether or not

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<v Speaker 2>this matter will press scene to a jury trial.

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<v Speaker 1>Bruce Lemon appears to have depleted his funds in the

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<v Speaker 1>other legal actions that he's had on foot. He's now

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<v Speaker 1>representing himself in the appeal in the federal court. He's

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<v Speaker 1>got a case in this case which, if he's paying

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<v Speaker 1>those bills will already be running well into the multiple

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<v Speaker 1>tens of thousands of dollars. How did he see him

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<v Speaker 1>on his way out of court?

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<v Speaker 2>Those questions were put to him as he was leaving

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<v Speaker 2>by waiting journalists, but there was no response for mister

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<v Speaker 2>Lhman at all. He just walked straight to his lawyer's car,

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<v Speaker 2>and then as they were driving off, they beat the

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<v Speaker 2>horn and waived at journalists as they walked past.

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<v Speaker 1>It's quite an unusual scene, isn't it. Probably not what

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<v Speaker 1>you're expecting when you went to cover a sexual assault

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<v Speaker 1>matter this morning.

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<v Speaker 2>It was a bit surprising, but we know that this

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<v Speaker 2>case was meant to be three hours, and now we're

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<v Speaker 2>going into two days. We keep getting Kervbull's thrown to us,

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<v Speaker 2>so let's just see what happens when we come back

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<v Speaker 2>next month. Mister Lehman won't have to be in the

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<v Speaker 2>court room next time. He has been given permission to

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<v Speaker 2>appear via video link or via telephone, so I don't

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<v Speaker 2>expect we'll have this same sort of media circus again

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<v Speaker 2>next time.

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<v Speaker 1>Mackenzie is a journalist with The Australian. The Reserve Bank

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<v Speaker 1>Board meets on Tuesday morning and is expected to hold

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<v Speaker 1>the cash rate at four point three five percent for

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<v Speaker 1>a fifth consecutive month. You can follow the decision live

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<v Speaker 1>at Beaustralian dot com dot au.