Bruce Lehrmann has accused the ABC of making a "contemptuous attempt to prejudice the jury" in his case by broadcasting a Brittany Higgins speech before his criminal trial.
Subscribe now for unlimited access.
or signup to continue reading
The former Liberal staffer launched defamation proceedings against the national broadcaster on Wednesday in the Federal Court, where he was already suing two other media outlets and a pair of journalists.
The nature of his latest claim was revealed on Thursday, when the court released documents filed by the 27-year-old's solicitor, Paul Svilans.
Mr Lehrmann has always denied raping Ms Higgins at Parliament House when the pair were staffers for Senator Linda Reynolds in March 2019.
At the National Press Club, Ms Higgins began with the words: "I was raped on a couch in what I thought was the safest and most secure building in Australia."
She later took part in a question and answer-style session with journalists.
Her comments were broadcast on the ABC's television and YouTube channels to hundreds of thousands of viewers, some of whom, Mr Lehrmann's lawyers say, were ACT residents and prospective jurors.
Mr Svilans and barrister Matthew Richardson SC allege this made the broadcasts "an apparent contemptuous attempt to prejudice the jury before whom the proceedings were being heard".
While Ms Higgins did not name Mr Lehrmann in her comments at the press club, his lawyers claim it was already "notorious throughout Australia" that he was the man charged with sexually assaulting her.
The lawyers argue Mr Lehrmann was therefore identifiable to "a significant number" of people, who would have believed, as a result of the ABC's coverage, that he had in fact raped Ms Higgins.
MORE COURT AND CRIME NEWS:
As part of their argument, Mr Svilans and Mr Richardson claim the National Press Club being used as the forum for the event "gave gravitas and credence to the assertion by Ms Higgins".
The ABC is yet to file any documents in response to Mr Lehrmann's claims.
Mr Lehrmann's criminal trial, in the ACT Supreme Court, was abandoned last October because of juror misconduct.
The ACT's Director of Public Prosecutions, Shane Drumgold SC, subsequently dropped the criminal case.
Mr Lehrmann's decision to launch proceedings against the ABC comes as he awaits a ruling from Justice Michael Lee on whether his other defamation claims can proceed to a trial.
He has asked Justice Lee to extend the 12-month limitation period in which to make a defamation claim, having taken nearly two years to file proceedings against Network Ten and presenter Lisa Wilkinson, as well as news.com.au political editor Samantha Maiden and the website's publisher, News Life Media.
Mr Lehrmann accuses those parties of defaming him in February 2021, when they published the first stories about Ms Higgins' allegations.
Network Ten, Ms Wilkinson, News Life Media and Ms Maiden are all defending the claims against them.
Mr Lehrmann's case against the ABC will not face the extension of time hurdle because his lawyers sent the broadcaster a concerns notice this February, a day before the 12-month limitation period expired.
