Despite Lehrmann’s win, Network Ten faces criticism for ‘grossly improper’ behavior
A judge criticized Ten for failing to investigate additional claims by Ms. Higgins, specifically that she was coerced into keeping quiet about the incident.
Network Ten faced backlash for not delving into the shortcomings in Brittany Higgins’ allegations of a cover-up involving a federal government rape, despite emerging victorious in a defamation case with Bruce Lehrmann.
Justice Michael Lee of the Federal Court, on April 15, concluded that Lehrmann was callously indifferent when he sexually assaulted Ms. Higgins on a couch in the office of their then-boss Senator Linda Reynolds in March 2019.
The judge determined that a report on The Project in February 2021 was accurate in its description of the assault.
However, Ten was criticized for neglecting to thoroughly investigate other claims made by Ms. Higgins, including the allegation that she felt pressured to remain silent about the incident.
Journalist Lisa Wilkinson and producer Angus Llewellyn accepted Ms. Higgins’ accusations of a cover-up without adequate scrutiny, according to Justice Lee.
Furthermore, they failed to inquire into the potential political motives of Ms. Higgins’ partner David Sharaz when he approached them in 2021 with the story pitch.
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The judge wrote, “Any journalist who did not recognize Mr. Sharaz’s potential political motives must have been intentionally oblivious.”
No effort was made to verify the authenticity of a photo showing a bruise allegedly from the assault or to investigate the missing messages from Ms. Higgins’ phone around the time of the incident.
Ten also failed to make a reasonable attempt to contact Lehrmann for comment before airing The Project segment, according to Justice Lee.
Wilkinson and Ten were reprimanded for an acceptance speech at the Logies based on The Project report just days before Lehrmann’s criminal trial was set to begin, delaying the trial for months.
Justice Lee characterized Ten’s actions as “completely inappropriate” in encouraging Wilkinson to deliver the speech.
He also criticized Ten’s senior litigation counsel Tasha Smithies for lacking insight into the impropriety of her behavior related to the speech.
However, the judge noted that Wilkinson, being an experienced journalist, should have been aware of the risks associated with the speech.
According to the judge, Wilkinson delivered the speech not because of pressure from Ten but because of her strong connection to Ms. Higgins.
Ten’s solicitor Justin Quill defended the network’s actions, stating that the scrutiny journalists face from legal professionals often lacks realism.
Justice Lee briefly addressed the “Spotlight detour,” in which the defamation case was reopened just days before the judgment was originally scheduled.
He found that Seven offered Lehrmann unusual and unrecorded benefits before his interview on Spotlight, which included Thai massages, prostitutes, and illicit substances, as previously heard in court.
Lehrmann improperly shared evidence from his criminal trial with Seven and falsely denied doing so, according to Justice Lee.
In a statement upon his departure from the network, former Spotlight executive producer Mark Llewellyn defended the program, denying knowledge of any illicit or unsavory activities.
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