Bruce Lehrmann is reportedly representing himself for his appeal of his failed defamation case against Channel 10 and Lisa Wilkinson which found he raped Brittany Higgins at Parliament House in March 2019.
It raises many questions and I will try and answer some in this article.
If Lehrmann is representing himself, and that is what the media are reporting given Lehrmann filed his own paperwork, then he failed to get pro bono lawyers this time which means the legal fraternity think Lehrmann has no hope for his appeal.
Lehrmann’s lawyers walked away with $295,000 from News Corp and $150,000 from the ABC they paid to settle Bruce Lehrmann’s defamation cases against him. So, Lehrmann’s lawyers didn’t walk away empty handed. And Lehrmann’s barrister Steve Whybrow received free promotion from News Corp before, during and after the rape trial and defamation trial. But even they aren’t prepared to represent Lehrmann at his appeal.
Why would Lehrmann appeal? Most likely because of his rape charges in Toowoomba which is set for a committal hearing on the 17th of June 2024.
While judges and juries are meant to disregard media reports and their own predetermined opinions on an issue it is nearly impossible, when a matter has been in the media so widely and for so long, not for it to not have had some effect on your viewpoint.
So maybe Lehrmann is thinking if he files his appeal, it is a better look for the magistrate or judge at his committal hearing and for a jury if the matter does go to trial.
It must be noted that much of the media attention over the last year or so has been because of Bruce Lehrmann’s own making with his failed defamation case and numerous media interviews.
Lehrmann is a second year law student but that would be of limited help.
If Lehrmann’s strategy is to improve his chances with a magistrate / judge / jury for the Toowoomba rape charges the problem is trying to keep the appeal afoot long enough to have any benefit.
Because Channel 10 and Lisa Wilkinson are guaranteed to file motions to have the appeal dismissed on numerous grounds and failing that to force Lehrmann to stump up cash, that he doesn’t have, as security for his appeal in case he loses.
But Lehrmann should be able to drag the appeal past the committal hearing on the 17th of June 2024 which would mean he has had some success. But trying to keep his defamation appeal going up until to a rape trial is heard, if he is committed to stand trial, which would be later this year or next year would be nearly impossible.
Lehrmann could just say he doesn’t have the money for an appeal and leave it at that. But in Lehrmann’s mind he might think it is a better look to have filed an appeal and then have it kicked out before hearing because then he can say he tried.
When someone represents themselves the old saying comes to mind “a man who is his own lawyer has a fool for a client” but if you are short on cash you have no choice and in some cases it is a good idea. But in saying that, I don’t think it is a good idea for Lehrmann to appeal but that is his choice.
On a side note, I published a video on the 27th of May titled “Are Lisa Wilkinson and her lawyers trying to rip-off Channel 10 costs in the Bruce Lehrmann matter?” as per below:
If Lehrmann does end up at the appeal in the Federal Court of Australia representing himself, it will make great viewing. Even if it’s just for a directions hearing or two before it’s kicked out or discontinued.
On other news for related court cases. The matter of the 5 AFP officers suing the ACT government and Shane Drumgold is due to have a first directions hearing date set soon. And Senator Linda Reynolds defamation case against Brittany Higgins and her husband David Sharaz (they were married Saturday – 1/6/24) is due to start on the 24th of July 2024.
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“Oh what a tangled web we weave, when first we practice to deceive”
An excellent article from Kangaroo Court. Two things I noticed in the defamation proceedings. On the livestream, on at least two occasions, individuals sat immediately behind the defense desk in a near empty courtroom. They appeared to be trying hard to distract the judge.
I saw on Channel 7 news that Bruce Lehrmann had to leave the Sydney Cricket Ground because he was being abused by a group of males. This was while the verdict was being considered by a judge who I thought was a cricket fan.
I think the federal officers suing ex-prosecutor Drumgold shows how much damage the legal profession has taken over this case. It’s like falling dominoes and it’s ongoing.
Thank you, KCA.
Many thanks for all your hard work, KCA.
All things considered, the litigious litigator from WA should be dismissed from Federal Office.
Not only was Lisa Wilkinson and her lawyers trying to rip-off Channel 10 costs in the Lehrmann matter! There were other deals being made behind the scene.
Lisa Wilkinson’s husband Peter FitzSimonds was allegedly trying to gain out of a book deal he was organising with a publisher in the months after Brittany Higgins went public to document her alleged rape and experience afterwards.
It was also alleged Higgins stood to earn $216,000 if the book was published and allegedly had already received more than $108,000 as an advance payment.
Keep up the good work. Wish Bruce would leave the country. He can’t be trusted to tell the truth.
Thanks for picking up on the differing Costs Agreements Shane.
Guessing that Ten may have received Advice that settling with Lehrmann like News and ABC did was always going to be cheaper than boxing on, but Wilkinson hiring her own representation killed that option off.
What I don’t understand is what was in it for Wilkinson?
If Channel 10 had settled, like News Corp and the ABC, it would have had the effect of throwing Lisa Wilkinson under a bus because the truth defence would have never been proved.
I have a deep concern regarding the ongoing manipulation of the judicial system by what appears to be certain litigants. It is my honest opinion that it seems to have become increasingly apparent that some individuals and groups are exploiting legal procedures to delay and obstruct justice, thereby undermining the integrity and efficiency of our courts.
For me, it is troubling to observe that the same characters frequently appear in court, using various delaying tactics to prolong their probable ultimate outcome. This not only clogs the judicial system but also consumes valuable resources and denies timely justice to others who are in genuine need of legal resolutions.
This manipulation of the judicial process must stop.
It is imperative that measures are put in place to identify and curtail these delaying actions. Possible steps could include stricter enforcement of existing procedural rules, imposition of sanctions on those who abuse the system, and reforms to ensure that justice is not delayed unnecessarily.
The integrity of our judicial system is paramount, and it is crucial that we maintain public confidence in its fairness and efficiency. How do we make these considerations matter seriously and take appropriate action to address this persistent issue?
I for one, look forward to seeing improvements that will help restore faith in our judicial system.
The conviction of Trump on 31/05/24 may be the wakeup call to all Democracies that their Constitutions need regular review to ensure the Rule of Law is not corrupted by career politicians. A concept, held by some in the USA, that GOP stands for Government of the People, by the people, for the people, has been profoundly shaken. A fundamental belief in all Democracies is, if everyone has a Boss, the People are that Boss. Unfortunately, Politicians and Political Parties have usurped the rights of the people to be the Boss. Wake up Australia.