A defamation case is like a giant poker game where you spend a fortune to see the other guy’s cards. The trouble is, the deck is stacked with Jokers that can pop up at the most inopportune times.
If Roberts-Smith, the charismatic giant of a man, had issued a dignified rebuttal and not sued he might still been sitting on the public altar as an Australian icon in the eyes of many. Not for one moment did he think he would lose until he did. He walked out of the court with a judge declaring he was a war criminal.
As the case was subsequently abandoned it makes it more difficult for Ten’s lawyers to convince Federal Court Justice Michael Lee, there is sufficient evidence that the crime was committed.Because of the serious nature of the allegation the standard of proof is higher than the usual civil one of balance of probabilities and the judge must be “reasonably satisfied” of what happened.
In court Lehrmann has been portrayed as a liar, a sleaze, a drug user and a manipulator. He walked into court with what he believed was a Royal Flush. Now his reputation has been flushed down the toilet. If Channel Ten offered him a reasonable settlement that he refused he will be hit with a staggering legal bill for both sides – a figure sure to be in the millions or tens of millions. And if the judge finds anyone lied under oath then the law of perjury may come into play.
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