Bruce Lehrmann

Last updated

Bruce Lehrmann
BornJune 1995 (age 29)
College Station, Texas, US
NationalityAustralian
Alma mater Australian National University
Occupation(s)Lobbyist, political staffer
Known forRape at Parliament House (civil finding)

Bruce Lehrmann (born June 1995) is an Australian former political staffer. He is primarily known to the public for his involvement in the 2021 Australian Parliament House sexual misconduct allegations.

Contents

Lehrmann was first publicly alleged to have committed rape in February 2021. Lehrmann's criminal trial in October 2022 was abandoned after juror misconduct resulted in a mistrial. A retrial did not proceed due to concerns about the health and welfare of the complainant.

In April 2024, Lehrmann was found in a civil trial to have raped a colleague in Parliament House. The finding was made by Justice Michael Lee at the Australian Federal Court in a defamation trial initiated by Lehrmann against Network Ten and other media operators.

Early life

Born in College Station, Texas, in June 1995, [1] Lehrmann grew up in Toowoomba. [2] He moved to Canberra to study at the Australian National University, [3] where he began his political career.

Lehrmann commenced work with the office of the Attorney-General of Australia and worked for various ministries until he joined Linda Reynolds's office in 2018. He has worked as a political staffer for the Liberal Party, and as a lobbyist for British American Tobacco. [4]

Parliament House rape allegations

On 15 February 2021, Liberal Party staffer Brittany Higgins alleged to two media outlets, news.com.au and The Project , [5] that she was raped in the early hours of 23 March 2019 in then-Defence Industry Minister Senator Linda Reynolds' office in the ministerial wing of Parliament House by a colleague, later named as Bruce Lehrmann, after security guards admitted the pair into the building. [6] [7] Higgins said she became heavily intoxicated at a work party and left with her colleague in a taxi, believing they would both be dropped at their respective homes; instead she said she was taken to Parliament House and raped while slipping in and out of consciousness, [8] [9] waking to find her skirt around her waist. [10] In contrast, Lehrmann told police that he and Higgins returned to Parliament House because he needed to pick up his keys, and as Higgins indicated she also needed to return to the office he offered to share his Uber ride. [11] Once they arrived in Reynolds' suite, Lehrmann said he "turned left towards his desk, while Ms Higgins turned right and went to a different part of the office". [11] After working "on a briefing for Parliament's question time", Lehrmann said he left the office without seeing Higgins again. [11] [12] Higgins was later found by a security guard in the early hours of the morning in the minister's office, naked, [7] [5] inebriated and disoriented. [5]

Three days later, on 26 March 2019, Lehrmann was told by Fiona Brown, Reynolds' chief of staff, to "collect his belongings from the office and leave" because of his late-night entry into the office at 1:48 am on the previous Saturday, and an earlier unrelated incident of him mishandling a classified document, [7] [13] with Reynolds consequently terminating Lehrmann's employment formally on 5 April 2019. [14] On 1 April 2019, Reynolds called Higgins to her office to discuss Higgins' late-night entry into the office, which Reynolds "believed to be a security breach [...] describing the decision of two staff to come into the office at 1:40 am as 'highly unusual' and not appropriate". [15] Higgins went to the police after the alleged rape, but dropped the complaint in April 2019, fearful the report would result in termination of her employment. [16] Eventually Higgins transferred to work for Employment, Skills, Small and Family Business Minister Michaelia Cash for a year before resigning a month before going public with her allegations. [6]

Higgins made her allegations public following a Four Corners report "Inside the Canberra Bubble" in November 2020, which had reported on sexism within the Liberal Party and the Parliament House workplace culture. [17] She alleged political cover-up of the rape ahead of the 2019 Australian federal election, and sparked a nationwide movement of protests. [18] Prime Minister Scott Morrison made a formal apology to her in February 2022. [19] In response to Higgins's allegations, the Australian Human Rights Commission conducted a review into the prevention and handling of bullying, sexual harassment and sexual assault at Commonwealth Parliamentary workplaces. [20] Morrison's loss of the 2022 election, with safe Liberal seats going to female Teal independents, was partially attributed to dissatisfaction with the Liberal government's handling of the rape. [21] [22]

Over the following weeks, three more women alleged they had been sexually harassed or assaulted by Lehrmann, between 2016 and 2020. [23] [24] One woman alleged on 20 February 2021 that she was raped in 2020 by him after the pair had dinner and drinks. [25] [26] On 22 February 2021, a second woman alleged she was sexually assaulted by Lehrmann in 2016. [26] A third woman also accused him of unwanted advances and stroking her thigh under the table at a Canberra bar in 2017. [23] [26] After the story went public, and even though Lehrmann was not named in publications, [27] he was stood aside from his job at a large corporation where he had worked from July 2020. [23] He checked himself into a Sydney hospital and the next day he was in a private rehabilitation clinic. [23]

ACT criminal trial

Lehrmann, appeared by telephone at the Magistrates Court of the Australian Capital Territory (ACT) on 5 November 2021 and pleaded not guilty to raping Higgins. He was committed for trial in the Supreme Court of the Australian Capital Territory. [28] In April 2022 Lehrmann's defence team applied to have his trial halted indefinitely as an apology from then-prime minister Scott Morrison to Higgins "imputed the accused with guilt of the offence or at least implicitly assumed the truthfulness of the complaint", [29] and could endanger Lehrmann's right to a fair trial. [30] [31] The judge dismissed the application, saying that a jury member being aware of pre-trial publicity "is not of itself problematic". [29] Higgins made a complaint against the Australian Federal Police for unlawfully giving Lehrmann's defence team protected evidence, including counselling notes and video recordings. [32] The trial was further delayed in June 2022 following the judge warning that the line between allegation and a finding of guilt had been "obliterated" in an acceptance speech by Lisa Wilkinson at the Logie Awards of 2022 and in commentary following the speech. [33]

The trial of Lehrmann began on 4 October 2022. [34] It concluded on 19 October, and the jury retired to consider its verdict. [35] [36] After four days' deliberation, the jury could not reach a unanimous verdict and were issued with a "Black direction". [37] [38] On 27 October, the trial was abandoned after it was discovered that a juror had conducted private research and taken their findings into the jury room. [39] [40] Higgins subsequently criticised the criminal justice system on live television, saying it "has long failed to deliver outcomes to victims of sexual assault". [41] Lehrmann's lawyer said "We have brought [Higgins'] comments to the attention of the court and the Australian Federal Police ... as to whether the complainant's statements might amount to a contempt of court or offences against the ACT Criminal Code". [41]

The matter was relisted for 20 February 2023, [39] [40] although a senior barrister soon after said it remained to be seen if the case is retried, given the extent of comments by politicians and media personalities now making Lehrmann virtually untriable. [42] In December 2022 the case was dropped by Shane Drumgold, the Director of Public Prosecutions, [43] [44] [45] stating it was "no longer in the public interest to pursue a prosecution" after receiving evidence "that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant". [46] [47] The accused "consistently maintained his innocence and the case against him was not proven", [46] with the Director of Public Prosecutions declaring that "this brings the prosecution to an end." [46] However, the manner in which the case transpired was criticised. [45] [48]

ACT trial inquiry

Following the collapse of the criminal trial, Drumgold sent a letter to the ACT chief police officer calling for a public inquiry into the case to look at "both political and police conduct". The letter also alleged that police investigators were "clearly aligned with the successful defence of this matter". [49] [50] [51] The Australian Federal Police Association published a statement calling the allegations a "smear" and unproven while also calling for an investigation into the case. [50] The ACT government subsequently announced an independent inquiry into the case. [52]

The inquiry was chaired by Walter Sofronoff. The inquiry heard that police assessed the evidence as insufficient to prosecute, [53] [54] and "expressed a number of concerns about the case". [53] The inquiry subsequently heard that ACT police had been using the wrong legal threshold for charging suspects, [55] and that the ACT had the lowest rate of charging for sexual assault in Australia. [56] The senior investigating officer admitted that police made a mistake in providing Higgins' private counselling notes to Lehrmann's legal team. [57]

The final report was leaked to News Corp journalist Janet Albrechtsen before being submitted to the ACT Chief Minister. [58] It contained adverse findings against Drumgold, who resigned following its release to the media. [59] [60] The review found that it was appropriate to prosecute the matter. [61] [62] Recommendations issued included training police on handling of protected confidential material, disclosures to the defence, and the threshold for charging over sexual offences. [63]

Drumgold successfully challenged the adverse findings against him in the ACT Supreme Court. The Supreme Court found that contact between Sofronoff and Albrechtsen gave rise to an impression of bias. [64] Sofronoff's conduct is under investigation by the ACT Integrity Commission. [65]

Defamation trial

Lehrmann settled defamation proceedings against News Corp and the Australian Broadcasting Corporation (ABC) for $295,000 and $150,000 respectively without admission of liability. The news.com.au article was appended with an editor's note. The ABC removed footage of Brittany Higgins and Grace Tame's National Press Club address. [66]

In 2023, Lehrmann sued Lisa Wilkinson and Network Ten for defamation over the interview with Higgins that aired on The Project in 2021. [67] Lehrmann told the court that Wilkinson destroyed his right to a "fair criminal trial". [68] Lehrmann said in court that he felt isolated and ostracised after Higgins' interview on The Project. He said "I became severely isolated", and admitted to a private hospital suffering emotional distress. [69]

On 15 April 2024, Justice Michael Lee of the Federal Court ruled that, on the balance of probabilities, Lehrmann raped Brittany Higgins at Parliament House in 2019. [70] [71] The finding of fact resulted in the defence of substantial truth being made available to the respondents. [70] [72] During his judgment Lee said "Mr Lehrmann raped Ms Higgins", and shortly after "Having escaped the lion's den, Mr Lehrmann made the mistake of coming back for his hat." [72]

Further defamation proceedings have been initiated or settled in at least ten other cases amongst parties related to the case. [73] [74] [75] [76] A total of twenty legal threats, claims, counterclaims or investigations have been reported in connection to the alleged rape. [77]

In describing the legal proceedings and media reporting, Lee said "the underlying controversy has become a cause célèbre. Indeed, given its unexpected detours and the collateral damage it has occasioned, it might be more fitting to describe it as an omnishambles". [78]

Costs

Following the decision of Lee, Network Ten's submission for costs stated that Lehrmann should pay all Network Ten's legal costs. As part of their submission they stated that Lee had found Lehrmann would have known when he filed for defamation “that he had raped Ms Higgins”. [79] The submission, prepared by Matt Collins, argued it was an abuse of process because Lehrmann came to the Federal Court seeking substantial damages when he knew the allegations he complained about were true. "Mr Lehrmann brought this proceeding on a deliberately wicked and calculated basis." [79]

On 10 May 2024, Lee order that Lehrmann pay for almost all of the expenses of Ten and Lisa Wilkinson on an indemnity basis. [80] [81] Lehrmann was condemned for bringing the civil proceedings on an "knowingly false premise" and for making his barrister "cross-examine the complainant of sexual assault in two legal proceedings". [80] [81] As part of Lee's orders he noted that “Mr Lehrmann had sexual intercourse with Ms Higgins and yet ran a primary case premised upon the fanciful and knowingly false premise that in the early hours of 23 March 2019 he was preoccupied with noting up details as to French submarine contracts”. [81]

Appeal

Following his lose in the defamation trial Lehrmann lodged an appeal. [82] At a hearing on 14 October 2024, Lehrmann requested a stay on the $2 million in costs order against him. [83] Lawyers for Lisa Wilkinson and Network Ten requested $200,000 in security to cover its legal costs if Lehrmann loses the appeal. [83]

Queensland criminal trial

On 26 October 2023, it was revealed that, in December 2022, Lehrmann was charged with two counts of rape in a matter unrelated to the allegations made by Brittany Higgins. The alleged events occurred in Toowoomba in October 2021. He is awaiting trial on that matter. Lehrmann's identity had been the subject of a suppression order, which his lawyers had attempted to continue on the basis of a psychologist's report which claimed the publication of his identity would lead to "serious adverse consequences" to his mental health. Justice Peter Applegarth in ruling against the continuation of the suppression order made reference to media interviews that Lehrmann had engaged in, and how his participation in them was hard to reconcile with the psychologist's report. [84] [85] [86]

Media appearances

In June 2023, Lehrmann gave an interview on Seven News' Spotlight current affairs program. [87] In October 2023, Seven Network's nomination for a Walkley Award was revoked after it was revealed that the network had paid for one year's rent as well as other expenses for Lehrmann, and the network had not accurately declared it. [88] The interview was the subject of much media attention during subsequent defamation proceedings as consequence of revelations during court proceedings. [89] [90]

Lehrmann was initially due to speak at a Restoring the Presumption of Innocence conference organised by Bettina Arndt in June 2024. Arndt, described as one of Lehrmann's central supporters, has denied raising money for or asking anyone to pay money to Lehrmann. [91] However, Lehrmann later withdrew as a speaker a day after the conclusion of his defamation trial, being "concerned that his participation may threaten the audience, jeopardise this important event, and distract from its main purpose". [92]

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References

  1. ↑ Hardaker, David (27 October 2022). "Who is Bruce Lehrmann?". Crikey. Archived from the original on 15 April 2024. Retrieved 15 April 2024.
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  3. ↑ Maley, Jacqueline; Thompson, Angus (21 October 2022). "Culture in 'Canberra bubble' in sharp focus during Lehrmann trial". The Sydney Morning Herald. Archived from the original on 18 April 2024. Retrieved 18 April 2024.
  4. ↑ Knaus, Christopher (24 March 2023). "Bruce Lehrmann told employer 'false allegations' had not hurt his ability to lobby effectively, documents show". The Guardian. Archived from the original on 2 December 2023. Retrieved 15 April 2024.
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  7. 1 2 3 Byrne, Elizabeth; Radford, Antoinette; Frost, Harry (14 October 2022). "Parliamentary security found Brittany Higgins naked 'in foetal position' after alleged rape, court hears". ABC News. Australian Broadcasting Corporation. Archived from the original on 17 October 2022. Retrieved 17 October 2022.
  8. ↑ Maiden, Samantha (15 February 2021). "Liberal Party staffer Brittany Higgins says she was raped at Parliament House". News.com.au. Archived from the original on 2 March 2021. Retrieved 3 March 2021.
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  10. ↑ Baird, Julia (19 February 2021). "What the PM should tell colleagues about the Brittany Higgins case: 'It sickens me. If it doesn't sicken you, your time is up'" . The Sydney Morning Herald. Archived from the original on 21 October 2022. Retrieved 17 October 2022.
  11. 1 2 3 Byrne, Elizabeth; Radford, Antoinette; Frost, Harry (14 October 2022). "Bruce Lehrmann told police he wanted to die after learning he was accused of raping Brittany Higgins". ABC News. Archived from the original on 28 October 2022. Retrieved 28 October 2022.
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  13. ↑ Byrne, Elizabeth (15 October 2022). "Second week of Bruce Lehrmann rape trial sees his police interview and parliamentary witnesses testify in ACT Supreme Court". ABC News. Australian Broadcasting Corporation. Archived from the original on 29 October 2022. Retrieved 27 October 2022. It was the jury's first chance to hear his account. He restated several times that he had not had sexual intercourse with Ms Higgins. [...] He told police he'd lost his job after that night, because his entry to Parliament House had triggered a security investigation. Mr Lehrmann told police that, in the following week, he was asked to go into an office by his then chief of staff Fiona Brown, and not to bring his phone or a notebook. He said he was told it would be best if he left his position, since it was the second security investigation involving him, after an earlier unrelated incident.
  14. ↑ Maiden, Samantha (15 October 2022). "'Ashamed': Bruce Lehrmann's apology letter to minister revealed". Archived from the original on 17 October 2022. Retrieved 29 October 2022. It has been brought to my attention that you recently entered Parliament House and my ministerial suite outside of business hours for non-work purposes and were dishonest about the reasons for entering my office. I am advised that when you sought entry to parliament house after hours, you did so by reporting to security that you were required to attend my office for important official business. You have subsequently advised my Chief of Staff, Ms Fiona Brown, that this was not the case and that you entered for non-work related reasons.
  15. ↑ Foster, Ally (17 October 2022). "Brittany Higgins: Michaelia Cash grilled in Bruce Lehrmann rape trial". news.com.au. Archived from the original on 17 October 2022. Retrieved 25 October 2022. Bruce Lehrmann is accused of sexually assaulting the former Liberal staffer in the former defence minister's office in the early hours of March 23, 2019. [...] Former defence minister Linda Reynolds has told the ACT Supreme Court that she did not know of a sexual assault allegation when she called Brittany Higgins to her office on April 1, 2019, to discuss a late night security incident. [...] Senator Cash was questioned by the prosecution over Ms Higgins' claims that she had revealed her sexual assault allegations to the senator prior to February 5th, 2021. [...] She [Senator Cash] told the court she did not know there was a 'sexual element' to the situation until February 2021.
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