Bruce Lehrmann claims the ABC broadcast a speech by Brittany Higgins about an alleged rape because it intended to “hurt and harm” him.
Mr Lehrmann is suing for defamation over the ABC’s live reporting of a joint speech by Ms Higgins and former Australian of the Year Grace Tame in February 2021 at the National Press Club.
While the address never named the law student directly, he claims he was defamed because it invited viewers to speculate about the identity of the person accused.
In a document filed with the Federal Court on Monday, the former Liberal staffer accuses the ABC of being “actuated by malice” for allowing the uncensored live speech to be broadcast six months after he was hit with criminal charges.
“It was not only reasonably foreseeable and high risk but quite inevitable that Ms Higgins would, during the NPC address, repeat her allegation that she was sexually assaulted by an unnamed work colleague in Parliament House,” he wrote.
Ms Higgins accused Mr Lehrmann of raping her inside the office of then minister Linda Reynolds, who they both worked for in March 2019.
He denies the allegation, maintaining the pair never had any sexual interaction.
A large number of viewers would have identified Mr Lehrmann as the alleged offender despite Ms Higgins leaving him unidentified, he said.
He accused the public broadcaster of being “recklessly indifferent, negligent and wilfully blind” to the likelihood that Ms Higgins’ statements would be defamatory and prejudice his right to a fair trial.
“The whole point of the NPC address was that Ms Higgins was telling the truth and that cultural and other change ought to follow,” he wrote.
“It is to be inferred that the (ABC) published that matter with the intention to hurt and harm (Mr Lehrmann) by publishing defamatory matter (sic) about him.”
Responding to the ABC’s defamation defences, Mr Lehrmann rejected claims the broadcast was in the public interest, was a fair report of an issue of public concern, or was published honestly.
As well as the ABC, the law student is also suing Network Ten and journalist Lisa Wilkinson over an interview with Ms Higgins on The Project in February 2021.
A separate lawsuit brought by against News Corp and journalist Samantha Maiden settled last month with the publisher paying part of Mr Lehrmann’s legal costs but not being required to pay him any damages.
A criminal trial brought against Mr Lehrmann in the ACT Supreme Court was derailed in October because of juror misconduct.
In December, the prosecutor dropped the charges due to impacts a second trial would have on Ms Higgins’ mental health.
The ACT government also launched an inquiry into how the justice system responded to Ms Higgins’ allegations.
A report is being prepared and will be delivered to Chief Minister Andrew Barr by the end of July.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
