TV presenter Lisa Wilkinson is making a final attempt to clear her name over an infamous Logies speech that delayed Bruce Lehrmann's rape trial.
In written submissions to the former Liberal staffer's Federal Court defamation appeal, lawyers for Wilkinson attacked a finding she acted improperly and unjustifiably in giving the speech to a national audience.
The June 2022 speech, which a judge found implied Brittany Higgins’ sexual assault allegations were true, came eight days before the scheduled start of Lehrmann's criminal trial.
It was subsequently delayed until October and later ended in a mistrial due to juror misconduct.
In dismissing Lehrmann's defamation case against Wilkinson and broadcaster Network Ten, Justice Michael Lee found her conduct was improper and unjustifiable.
However, he found she had less culpability than those encouraging her to make the speech, including Ten's lawyers.
Wilkinson's barrister Sue Chrysanthou SC said in her submission that the judge failed to have regard to evidence the high-profile journalist also raised the speech with the prosecutor involved in the Lehrmann criminal case.
The presenter also challenged findings about the reasonableness of her conduct before she and Ten's The Project aired Ms Higgins' claims she was raped in Parliament House by Lehrmann in a February 2021 broadcast.
The assertions were made as Wilkinson covers off potential outcomes of Lehrmann succeeding in his bid to overturn his defamation suit loss against Ten and Wilkinson in the Federal Court.
That may include assessment of damages payable to the 29-year-old, if the appeal court finds in his favour after hearings later in 2025.
Lehrmann is appealing a judgment handed down in April 2024 that he was not defamed in reports he sexually assaulted Brittany Higgins in Parliament House because the allegations were substantially true.
If the court overturns the substantial truth finding, Wilkinson argues Lehrmann's case against her should be dismissed on the basis Justice Lee should have upheld her defence of qualified privilege.
That includes giving the former staffer a fair opportunity to comment before publication.
"Wilkinson repeatedly, contrary to the primary judge's findings about her state of mind, exhibited a desire to talk to and ask questions of Mr Lehrmann and other people that she hoped would be included in the broadcast," Ms Chrysanthou said.
Ms Higgins' allegations were put to Lehrmann by email the Friday afternoon before Ms Higgins' interview was broadcast on the Monday.
He did not respond and the judge was not satisfied Lehrmann even received the email or a follow-up sent on Monday morning.
Justice Lee however found, regardless, it was unlikely Lehrmann would have contacted The Project.
One of the most-followed defamation trials in Australian history, Justice Lee delivered a crushing blow to Lehrmann in his April judgment, finding on the balance of probabilities that he raped Ms Higgins in March 2019.
It came after a criminal case facing Lehrmann was abandoned in 2022 with no findings made against him.
"Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat," Justice Lee said in his decision.
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