Key events
Judge orders Sky News to produce alleged secret recording of Brittany Higgins’ lawyer
Bruce Lehrmann’s legal team has told the federal court they will serve a subpoena on Sky News for a copy of the tape “before we can do anything further”.
“We’ve already made contact with a representative who’s prepared to accept service of that subpoena on behalf of that organisation,” silk Steve Whybrow SC told the court.
Whybrow has tendered two stories about a secret tape recording which alleges Higgins’ lawyer, Leon Zwier, was secretly recorded discussing the case with her fiance, David Sharaz, which were published overnight: one on Sky News’ Sharri Markson’s program and one by Samantha Maiden on news.com.au.
Lee has ordered that the tape and a transcript if it exists be submitted to the court by 4.15pm today.
Lee said Sky News should supply the court with “a copy of any audio recording of a conversation that took place in the Park Hyatt lobby bar on 4th December 2023 between Mr Leon Zwier and any other person as published by Sky News Australia”.
Separately, Justice Michael Lee has ordered that images of the court proceedings which have been published on X should be removed immediately.
Federal court continues to livestream the case
This blog will cover major developments during the day. In the interests of open justice and due to significant public interest, the federal court is livestreaming this case.
You can watch the Bruce Lehrmann defamation trial live stream on YouTube here.
What we can expect today
We are heading into the home straight of the defamation case which Bruce Lehrmann has brought against Network Ten and journalist Lisa Wilkinson over an interview with Brittany Higgins on Ten’s The Project.
Legal sources say Justice Michael Lee is likely to address a report in News Corp publications on Tuesday which alleges Higgins’ lawyer Leon Zwier was secretly recorded discussing the case with her fiance, David Sharaz.
Lehrmann’s legal team may call for a subpoena for the entire tape, Guardian Australia understands.
The tape may be relevant because a week ago Higgins told the court that no one gave her tips about her evidence, and also because the judge made a direction that she not speak to anyone about her evidence during cross examination.
The trial is expected to finish next week after being extended beyond the original finish date of Thursday 14 December.
Network Ten’s barrister, Dr Matt Collins KC, said on Monday that he has finished calling the truth witnesses, with the exception of two expert witnesses: the toxicologist and the lip reader.
Today we are expected to hear from the first of the qualified privilege witnesses, Project producer Angus Llewellyn.
Ten journalist Lisa Wilkinson, the second defendant, is expected to be in the witness box tomorrow.
Llewellyn and Wilkinson are part of a qualified privilege defence brought against Lehrmann’s case in which he is seeking significant damages over the February 2021 interview with Higgins.
Collins said the qualified privilege witnesses will be finished by the end of the week and next Monday will hear from the expert witnesses who both have to be flown to Sydney.
Under a qualified privilege defence, Ten and Wilkinson have to show they behaved reasonably and had a public interest in broadcasting certain statements and their audience had an interest in being informed of those matters.
The evidence of Llewellyn and Wilkinson is directly relevant to that defence.
In her The Project interview Higgins alleged she was raped by a Liberal staffer in Parliament House in March 2019 – but Lehrmann was not named.
Lehrmann has denied raping Higgins and pleaded not guilty to a charge of sexual intercourse without consent. His criminal trial was abandoned due to juror misconduct and the second did not proceed due to prosecutors’ fears for Higgins’ mental health.