Judge Criticizes Channel Ten and Supports Brittany Higgins in Defamation Case

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Legal News

Judge,Channel Ten,Brittany Higgins

The judge criticizes Channel Ten's handling of the story but finds Brittany Higgins' evidence on the rape allegation to be honest and accurate. Bruce Lehrmann's defamation claim is undermined by evidence that proves his guilt.

‘Lehrmann insisted nothing happened, but as the judge wrote, he was not going back to Parliament House to show her “Qing Dynasty ceramics”.’‘Lehrmann insisted nothing happened, but as the judge wrote, he was not going back to Parliament House to show her “Qing Dynasty ceramics”.

The judge found Higgins’ evidence on the central allegation was “honest and accurate” and that her attacker was indifferent to whether she consented or not.If Lehrmann had said at the outset that sexual activity took place with Higgins at Parliament House and it was consensual, that might have been the end of the story.

Higgins obligingly went along with this thesis because by then there was a concerted angle by those around her to make a political point. The conduct of the journalists was found wanting, but the truth was there. In fact, journalism rarely, if ever, survives judicial scrutiny. Does that mean it can be unreasonable to publish something that is ultimately found to be the truth?

The journalists have lost 15 of them with awards of damages totalling more than $6m, and costs beyond the dreams of Croesus: Mina Greiss; Heston Russell; William Duma; Erin Molan; John Barilaro; Nisserine Nassif; Chris Murphy; Chau Chak Wing ; Elaine Stead; Pauline Hanson; Geoffrey Rush; Sam Oliver; Chau Chak Wing ; Hockey; and the Chelmsford case, which was substantially lost on appeal.

Judge Channel Ten Brittany Higgins Defamation Rape Allegation Evidence Bruce Lehrmann

 

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