Monday, 25 Nov 2024

Bruce Lehrmann’s criminal trial is over but a string of related cases and inquiries remain. What are they?

Bruce Lehrmann’s criminal trial is over but a string of related cases and inquiries remain. What are they?


Bruce Lehrmann’s criminal trial is over but a string of related cases and inquiries remain. What are they?
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The federal court is now preparing for a high-stakes, high-profile defamation trial between Bruce Lehrmann and the media.

Six months on from the collapse of Bruce Lehrmann's criminal trial, the allegations that he raped Brittany Higgins, which Lehrmann denies, will be tested again in open court.

But it's not the only forum where issues surrounding the Lehrmann case are being examined.

A string of civil cases and inquiries have begun since the Lehrmann criminal case ended in December.

To help you wade through this mess of defamation claims and inquiries, we've summarised what's outstanding.

The first defamation case Lehrmann brought after the collapse of his criminal case was against News Corp, Network Ten, Samantha Maiden and Lisa Wilkinson.

He is alleging the outlets defamed him in their initial reporting of Higgins's allegations in February 2021. The media outlets are arguing Lehrmann was not identified. If the court accepts he was identified, the media outlets are relying on truth and qualified privilege defences.

Lehrmann has now overcome his first hurdle, which was to convince the court to extend the usual 12-month time limit on bringing defamation claims.

The case now appears set for a trial. Higgins has already said she will give evidence for the defendants if asked to.

The trial will be held on 20 November and will last 20 days.

Lehrmann is also suing the ABC in the federal court for defamation. This case relates to the ABC's decision to broadcast Higgins' full address to the national press club, which she delivered alongside Grace Tame.

Lehrmann alleges the broadcast defamed him by alleging he raped Higgins.

ABC is yet to file a defence. Earlier this month, the broadcaster removed the YouTube clip of the press club address, despite resisting earlier threats.

At this stage, the ABC's case will be heard at the same time as the defamation trial against News Corp and Network Ten, on 20 November.

Late last year, Guardian Australia revealed serious allegations by the Australian Capital Territory's director of public prosecutions Shane Drumgold that police attempted to undermine the case against Lehrmann and pressure the DPP against taking it to trial.

Police have made allegations that Drumgold took the case to trial despite their reservations.

The conduct of both police and the DPP will be examined in a board of inquiry set up by the ACT government. The inquiry is the territory's equivalent to a royal commission.

It will begin hearing evidence on 8 May, though the start date has been subject to change. The hearings are expected to last five weeks and the inquiry will deliver its report to the ACT government in June.

This inquiry will not seek to relitigate Higgins' allegations against Lehrmann. It will be focused on the behaviour of the police, the DPP, and the victims of crime commissioner.

Police in New South Wales this month charged a man for alleged death threats made against Higgins, her partner, David Sharaz, and their pet dog.

The charges, first revealed by Guardian Australia, relate to alleged threats over Twitter, which were directly messaged to Sharaz.

Police say the man will appear in Tweed Heads local court on 31 May.

The former minister Linda Reynolds, who both Higgins and Lehrmann worked for at the time of the alleged rape, has also sued for defamation.

She sued journalist Aaron Patrick and publisher HarperCollins over allegations about her response to Higgins and her handling of the rape allegations. The allegedly defamatory publications were contained in Patrick's book, Ego: Malcolm Turnbull and the Liberal Party's Civil War.

Reynolds put the West Australian supreme court on notice of her intention to sue earlier this year.

The parties recently settled, but Reynolds has signalled that Patrick may have breached the terms of the settlement by speaking publicly to Guardian Australia.

Reynolds has also signalled her intention to sue Sharaz, Higgins' partner, in the WA courts for defamation.

The complaint relates to tweets published by Sharaz, which Reynolds alleges defamed her.

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