Ten hammers Lehrmann's 'not remotely credible' account in final bid

"Network Ten's criticism is of Mr Lehrmann audaciously bringing defamation proceedings in which he seeks damages to vindicate his reputation," lawyers for the broadcaster said.

"In circumstances where he has given no remotely credible account of his conduct in respect of the events underlying the imputations he has sued upon."

Those imputations include that Mr Lehrmann raped Brittany Higgins inside a ministerial office in 2019, an allegation he has vehemently denied in an abandoned criminal trial, to police, on television, and in a civil trial.

Ten's latest comments were revealed on Friday after submissions in reply were published to the Federal Court website as part of Mr Lehrmann's proceedings against Ten and journalist Lisa Wilkinson.

Justice Michael Lee, who oversaw the month-long trial at the end of last year, has reserved his decision until a later date.

Ten, represented by barristers Matt Collins KC and Tim Senior, said Mr Lehrmann was prepared to "launch a scandalous attack on an obviously honest and independent witness".

That witness was former Liberal staffer Lauren Gain, who gave evidence she had seen Mr Lehrmann and Ms Higgins kissing passionately at Civic nightclub 88mph hours prior to the alleged assault.

The "attack" was Mr Lehrmann accusing Ms Gain of colluding with Ms Higgins to give false evidence and pervert the course of justice.

"This conduct, which, in Network Ten's submissions, disqualifies him from any entitlement to damages, even if the defences were to fail," the submissions, dated January 22, said.

"In those circumstances, the judgment of the court would be a sufficient vindication."

Ms Higgins gave evidence she had "tolerated" Mr Lehrmann being "handsy" with her at the Canberra nightclub but she was highly intoxicated and did not recall kissing the man.

Ten's legal team reiterated, as it did for several weeks in December, Mr Lehrmann's denial of any sexual activity taking place in the early hours of March 23, 2019, was a lie.

"[It's] consistent with him having decided to adopt the approach most likely to deter the bringing of charges against him," Ten's lawyers said.

Admitting to sex but asserting it was consensual, the submissions said, would have led to an inevitable criminal charge due to the amount of alcohol Ms Higgins drank on the night in question.

"As at April 2021, the only way Mr Lehrmann could potentially avoid charges brought against him was to adopt the course he did," the lawyers claimed.

In their trial defence, Ms Wilkinson and Ten have aimed to prove the rape allegation is "substantially true", and reporting it accurately and reasonably was in the public interest.

Regarding qualified privilege, Justice Lee was told there was a "distinct unreality" about Mr Lehrmann submitting Ten had been unreasonable in its investigation and publication of the allegation.

Mr Lehrmann's position, Ten's lawyers said, suggests [producer Angus Llewellyn] and Ms Wilkinson were "required to interrogate Ms Higgins in a manner akin to cross-examination".

MORE DEFAMATION TRIAL COVERAGE:

The Ten employees were repeatedly accused in the witness box of blindly accepting Ms Higgins' version of events and ignoring purported red flags relating to her credibility.

With a "real-world expectation", the submissions claimed, Ms Wilkinson and Ten producers reasonably tested and critically considered the allegation.

In their written submissions in reply also published on Friday, Mr Lehrmann's lawyers affirmed the man's account that no sexual activity took place in Senator Linda Reynolds' office.

However, they said the court would need to consider the "range of possibilities" that lie between the former Liberal staffer colleague's irreconcilable version of events if it found Mr Lehrmann's account to be "implausible".

The Project interview at the centre of the defamation proceedings did not name Mr Lehrmann as the person accused of sexually assaulting Ms Higgins but the law student says he was identified.

Mr Lehrmann has always denied raping Ms Higgins and no findings have been made against him.

His criminal trial was aborted in 2022 due to juror misconduct, with the charge levelled at him later discontinued over concerns for Ms Higgins' mental health.