The Court of Appeal of Lisa Wilkinson urged the appeal to throw away Bruce Lehrmann’s offer to overthrow his loss of defamation
“Given his emphatic denials of sexual intercourse or any similar intimate interaction, there was no lack of fairness in not putting Mr. Lehrmann who was reckless,” the submissions said.
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They said that Lehrmann’s lawyers adopted a different approach during the trial, but his new lawyer “now apparently (takes) the opinion that was unfair … they did not ask him specific questions about consent, that is to say unconsciousness, presumably something like” did not care if he was consenting one or the way in which the other, he did it “.
“It is difficult to see what difference these propositions would have made or how natural justice or procedural equity has been denied by the fact that this line of questions has not been pursued.”
During the 2023 trial, Ten’s lawyer, dr. Matt Collins, KC, put Lehrmann during the cross examination that he had sex with Higgins on the sofa in the Reynolds office in the early hours of March 23, 2019.
“I didn’t,” Lehrmann replied.
Lehrmann later said in court that “he did not receive consent because I had no sex with her”.
Lehrmann replied: “No, Dr. Collins”, when he was put to mind that he was aware that Higgins had passed out or semi-black.
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