Journalist Lisa Wilkinson will argue former Liberal Party staffer Bruce Lehrmann did rape his then-colleague Brittany Higgins in Parliament House, if his lawsuit against her and Channel Ten is allowed to proceed.
Lehrmann is suing for defamation over the interview Wilkinson conducted with Higgins on Ten show The Project on February 15, 2021, in which she alleged she had been raped after a night out with colleagues in 2019.
Although the former Liberal staffer wasn't named in the interview, he argued a series of details listed were enough to identify him to a range of people.
In a lawsuit filed in the Federal Court last month, he claims the article conveyed the meaning he "raped Brittany Higgins in Defence Minister Linda Reynolds' office in 2019" and three other defamatory imputations.
He also claimed the broadcast invited viewers to "speculate" about the identity of the person referred to, and that they had already read or went on to read online articles or social media posts naming Lehrmann.
Lehrmann alleges Ten and Wilkinson were "recklessly indifferent to the truth or falsity" of what they were broadcasting, without giving him a chance to respond.
In a defence published online by the Federal Court of Australia on Tuesday, Wilkinson admitted that if the broadcast identified Lehrmann, it carried the defamatory imputation that he raped Higgins.
But the journalist said she "does not know and cannot admit" he was "reasonably identified by any viewer".
Lehrmann, who has always denied the allegations and maintained his innocence, is asking the court to extend the limitation period for the defamation case, which is normally one year, until last month when the claim was filed.
Wilkinson's lawyers, who the journalist hired privately instead of using Ten's in-house legal team, sought to block that application.
If the matter is allowed to go ahead, Wilkinson will rely partially on the substantive truth of the rape allegation, according to her defence.
She will argue the imputation that "Lehrmann raped Brittany Higgins in Parliament House in 2019" and three other imputations she claims are equal in substance are substantially true.
She will also rely on the defence of statutory qualified privilege.
Wilkinson denied Lehrmann's claims the interview was published in an "over-sensationalised" manner and that he wasn't given a chance to respond.
She said Lehrmann was contacted in the days before the interview through messages to his mobile phone and work and personal emails.
Lehrmann's identity was eventually published by multiple media outlets when he was charged with one count of sexual intercourse without consent.
Lehrmann's criminal trial in the ACT Supreme Court was derailed in October due to juror misconduct and the prosecutor later dropped the charges due to the impacts a second trial would have on Higgins' mental health. Lehrmann always denied the allegations against him.
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2023-03-01 12:10:00Z
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