Lip-reader to give evidence after analysing CCTV footage in Bruce Lehrmann case

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• Watch the hearing live here from 10.15am (AEDT).

A lip-reader who analysed CCTV footage of Bruce Lehrmann and Brittany Higgins at a Canberra bar in the hours before Higgins alleges he assaulted her in Parliament House will give evidence in the final week of Lehrmann’s defamation case.

Ten has flown the UK-based Tim Reedy to Sydney to give evidence as part of its defence to the defamation case filed against the network and journalist Lisa Wilkinson over an interview with Higgins aired in February 2021.

Reedy will be cross-examined by Lehrmann’s barrister this week, as the defamation case enters its final days. The evidence in the trial is expected to conclude by Wednesday, with Thursday and Friday set aside for closing submissions from the parties.

CCTV showing Bruce Lehrmann and Brittany Higgins at The Dock in Canberra on March 22, 2019.Credit: Spotlight, Channel Seven

Lip-reading report admitted in evidence

Federal Court Justice Michael Lee ruled this month that Ten could tender a report in which Reedy expresses an opinion on words spoken by Lehrmann and his then colleague Higgins at The Dock on March 22, 2019. Reedy’s opinion is based on an analysis of CCTV footage from The Dock.

Lehrmann’s legal team unsuccessfully argued that the report should not be admitted in evidence. They will cross-examine Reedy this week.

Lee made clear that his ruling allowing the report to be admitted in evidence was not an indication of the weight he would ultimately place on the opinions expressed in it.

He said last week that Reedy would be required to attend court in person in Sydney for the cross-examination.

“If he’s giving evidence then he’s going to have to get on an aeroplane,” Lee said.

“I know it will cost some money, but I expect there’s been quite a bit of money already spent.”

‘All hers, all hers’

Both Lehrmann and Higgins have given evidence during the trial and Lehrmann was cross-examined about whether he made a series of comments to Higgins at The Dock, including telling her to skol a drink. He has denied encouraging Higgins to get drunk.

The court has been shown CCTV footage in which Lehrmann placed three drinks in front of Higgins at The Dock and gestured towards them.

Bruce Lehrmann and his legal team leave the Federal Court in Sydney on Friday.Credit: Dominic Lorrimer

Ten’s barrister, Dr Matt Collins, KC, put to Lehrmann during cross-examination that he said “all hers, all hers” to another staffer. Lehrmann denied saying those words, but said he did not recall what he said.

“You were encouraging Ms Higgins to get drunk?” Collins asked.

“No,” Lehrmann replied.

He disagreed that about 11.50pm he gestured towards a drink and told her: “Drink that all now.”

He also disagreed that Higgins responded, “I don’t want to” before he said, “Come on, you’re not leaving that.”

The footage showed Higgins skolled the drink. Lehrmann agreed that it appeared the footage showed Higgins consumed six spirit-based drinks between his arrival after 8.30pm and 11.49pm.

Brittany Higgins outside the Federal Court in Sydney on December 4.Credit: Louise Kennerley

The lawsuit

Lehrmann is suing Ten and Wilkinson over an interview with Higgins, aired on The Project on February 15, 2021, that he alleges defames him by suggesting he is guilty of raping Higgins in the office of their boss, the then defence industry minister Linda Reynolds.

He has always maintained his innocence.

Lehrmann not named

Lehrmann was not named in Ten’s interview and a preliminary issue in the case is whether he was identified via other means.

If the court finds Lehrmann was identified in the interview, Ten and Wilkinson are seeking to rely on defences of truth and qualified privilege.

Under the truth defence, Ten must prove on the balance of probabilities that Lehrmann raped Higgins.

While this is less onerous than the criminal standard of proof beyond reasonable doubt, the so-called Briginshaw principle applies in civil cases involving serious allegations and requires courts to proceed cautiously in making grave findings.

Qualified privilege relates to publications of public interest and requires a media outlet to show it acted reasonably.

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