Thought you might be interested in a one-sided, factually-deficient Washington Post story about the Higgins case: "A rape took place in Parliament, judge rules in case that consumed Australia" (https://www.washingtonpost.com/world/2024/04/17/australia-parliament-rape-brittany-higgins/). I'm thinking of writing a letter to the story's author to complain about the inaccuracies in her article, but thought you might be interested as well.
The latest news that that the civil case for "Libel" will become a de facto rape trial.
So sadly this is not over by a long shot and I think Ten and Lisa might just find that attempt to make the Libel case into a de facto rape trial, may backfire on them.
One can only hope. After all Lisa is not above the law. The rules apply to everyone. For everyone should be considered innocent until proven guilty. He was decided to be guilty because he is a male. That is hardly justice.
"Great news. The Brittany Higgins case is over" well not according to the latest articles published in The Australian!
This, I will call a soap opera, looks like playing out for a number of years to come. Little bits of information will be slowly drip-fed to the public, mostly I think because of the search for factual information.
Bruce's latest lodging of a complaint against the DPP, confirms my suspicions that somewhere there is outside undue influence.
But the point of the enquiry, will it be impartial in finding fact? or will it be just an exercise in white washing?
I had a witness to a Royal Commission once say to me, that they never asked him the essential question that would have changed the outcome of that Royal Commission.
Sadly this case is not over and perhaps will not be over for many years to come. I really feel sorry for both Higgins and Lehrmann, more so Lehrmann. This case has taken on a life of its own; both are now just passengers being swept along with the current.
The waters are so muddied and how it has escalated into he said and he said between the police and the director of public prosecutions.
In the Australian today Janet wrote;
"The inquiry needs to explore why Moller’s name is on the summons to charge Lehrmann. The Australian understands it is most unusual for a police officer of Moller’s rank to sign a summons."
If political interference is a fact in this case as alleged, then I imagine some people will be ducking and weaving to cover their backsides.
Sadly inquiries and only as good as the questions that get asked. Avoid the difficult, incrimination questions to predetermine the outcome, and there was no bias or political interference.
If Bruce Lehrmann was charged with 'one count of sexual intercourse without consent' but has maintained that no sex took place at all then this case looks quite simple.
Evidence would have needed to be provided by the prosecution that sex actually did take place. Was there a proper medical examination done at the time which could prove this?
The answer apparently, is "no" , so is it any wonder that the jury was loathe to find Bruce guilty.
If cases like this which hinge on one persons word against another with no corroborating evidence then NO verdict could be called "safe" and would always win on appeal anyway.
In fact this is more like a civil case and the law should be changed to force cases like this into civil proceedings and then the complainant can pay instead of the taxpayer.
Brittany Higgins has issued a determined vow from her hospital bed that she will testify against Bruce Lehrmann if he sues Lisa Wilkinson and Channel 10 for defamation. The former Liberal staffer spent her 29th birthday in a Queensland mental health clinic on Wednesday, less than a week after the alleged sexual assault charge against her former colleague was dropped. Daily Mail Australia revealed on Tuesday Mr Lehrmann is considering whether to sue Wilkinson, the production company behind The Project (Rove McManus's Roving Enterprises), Network Ten and parent company Paramount. Ms Higgins first alleged she was raped by a 'male colleague' during a TV interview on The Project with Ms Wilkinson in February 2021, which later won the current affairs program a Logie. Ms Higgins responded to the news on Wednesday night when she vowed to testify to her version of events in court. Lehrmann has always strenuously denied Ms Higgins claims.
This case is not over . It is really about to start . The Pot of Lawyer Gold will now open . Higgins should be charged on numerous counts , mainly Contempt of Court .
I'm deleting a few comments because most of the media is very nervous and not allowing any commentary at all on all this. Obviously everyone is worried about the current ligitious climate.
More information about possible defamation action from Bruce Lehrmann from The Australian:
Mr Lehrmann, now living in Tasmania, is understood to be giving “strong consideration” to filing lawsuits against several media companies, Twitter identities, and Mr Drumgold. Those in the firing line include Ms Wilkinson personally; the producers of The Project, Roving Enterprises, owned by comedian Rove McManus; and Network Ten and its parent company Paramount....
The ABC is likely to be sued by Mr Lehrmann over comments during the National Press Club appearance in February by Ms Higgins and Grace Tame, as well as the content of various news and current affairs programs.
Several newspapers, including The Australian, may also be issued with concerns notices.
Other possible targets include “eminent individuals” who tweeted or shared the emotional speech Ms Higgins made outside the ACT Supreme Court in October after Chief Justice Lucy McCallum aborted the trial over juror misconduct.
Media outlets who ran the speech in full or those parts of it that went to the truth of Ms Higgins’ allegations are in the frame.
Mr Lehrmann is also considering action against Mr Drumgold over his press conference last Friday, in which he withdrew the charges against Mr Lehrmann, but reiterated his belief that there were “reasonable prospects” for a conviction.
Mr Lehrmann is understood to be separately considering lodging a formal professional complaint against Mr Drumgold over those remarks, which have drawn criticism from senior legal figures for “simultaneously withdrawing a criminal prosecution in the court and then trying to continue it in the media”.
Kay, I'm sure all mothers would agree with you. The cost of sueing is enormous. With the large pockets of those backing "the handbag Brigade" and those who have publicly supported Brittany despite the fact that they should have remained silent, one would not be sure of success. The legal system is letting every Australian down when it is glaringly obvious that Bruce has not been considered innocent until proven guilty. Why on earth have these people not been disciplined at the very least?
Mark O'Brien is "one of the nation’s most feared defamation lawyers," says the Sydney Morning Herald. He's in talks with Bruce Lehrmann about taking legal action against many of the big media players who gleefully promoted Brittany Higgins as a "rape victim," defaming Lehrmann in the process.
‘It’s being reported that members of the ACT bar have called for the resignation of the ACT Director of Public Prosecutions, Shane Drumgold SC, for his mishandling of the Higgins sexual assault complaint , police sources intimating that the prosecution went ahead because of political interference rather than having sufficient evidence to prove the Crown case, and the subsequent mistrial of the accused, Bruce Lehrmann.’
When the law of the country is downstream of politics, we are all victims.
I do hope that is the case. Remember back to the Daniel Jones and Sarah Jane Parkinson matter in 2013 - one that is still not resolved. Both policing and DPP really erred. ACT Policing has learnt its lesson, and did not want to proceed with this case. A diary note confirms. Yet DPP went ahead foolishly. Look at the debacle caused. People should be losing their privileged positions, including others who condoned this like ACT AG. IMO.
Is she taking civil action against him personally? I thought only where she can get money, such as the Gov. Civil cases still test evidence and seemingly she had nothing but circumstantial. In saying that, how badly this case was prejudiced, it might be a brave judge to not award in her favour.
Bettina Great article in the Age thought you may enjoy reading The barrister who wrote this has written a great piece stating how the DDP overstepped the mark. Along with how no action has been taken against Higgins for contempt of court. No action against Wilkinson for her part in interrupting the trial. Asking why the case went ahead against advice from senior police. Excellent article along the lines of your own excellent article.
That’s a good article you linked and very valid points. Glad scomo et al were called out. No appetite for the media to call prosecute themselves though. How did Bettina see the text where Higgins said she wanted to create a scandal?
Thought you might be interested in a one-sided, factually-deficient Washington Post story about the Higgins case: "A rape took place in Parliament, judge rules in case that consumed Australia" (https://www.washingtonpost.com/world/2024/04/17/australia-parliament-rape-brittany-higgins/). I'm thinking of writing a letter to the story's author to complain about the inaccuracies in her article, but thought you might be interested as well.
Not the only problem with her story.
The latest news that that the civil case for "Libel" will become a de facto rape trial.
So sadly this is not over by a long shot and I think Ten and Lisa might just find that attempt to make the Libel case into a de facto rape trial, may backfire on them.
One can only hope. After all Lisa is not above the law. The rules apply to everyone. For everyone should be considered innocent until proven guilty. He was decided to be guilty because he is a male. That is hardly justice.
That happens when allegations are made against a male, but when they are made against a female, the media become silent and even build excuses.
Wilkinson's latest tactic is extremely nasty "Amounted to Rape",
"Great news. The Brittany Higgins case is over" well not according to the latest articles published in The Australian!
This, I will call a soap opera, looks like playing out for a number of years to come. Little bits of information will be slowly drip-fed to the public, mostly I think because of the search for factual information.
The real information.
Bruce's latest lodging of a complaint against the DPP, confirms my suspicions that somewhere there is outside undue influence.
But the point of the enquiry, will it be impartial in finding fact? or will it be just an exercise in white washing?
I had a witness to a Royal Commission once say to me, that they never asked him the essential question that would have changed the outcome of that Royal Commission.
Sadly this case is not over and perhaps will not be over for many years to come. I really feel sorry for both Higgins and Lehrmann, more so Lehrmann. This case has taken on a life of its own; both are now just passengers being swept along with the current.
The waters are so muddied and how it has escalated into he said and he said between the police and the director of public prosecutions.
In the Australian today Janet wrote;
"The inquiry needs to explore why Moller’s name is on the summons to charge Lehrmann. The Australian understands it is most unusual for a police officer of Moller’s rank to sign a summons."
If political interference is a fact in this case as alleged, then I imagine some people will be ducking and weaving to cover their backsides.
Sadly inquiries and only as good as the questions that get asked. Avoid the difficult, incrimination questions to predetermine the outcome, and there was no bias or political interference.
Drumgold has lost the plot. See this...
https://www.theguardian.com/australia-news/2022/dec/08/bruce-lehrmann-trial-brittany-higgins-dpp-director-public-prosecution-shane-drumgold-act-police
If Bruce Lehrmann was charged with 'one count of sexual intercourse without consent' but has maintained that no sex took place at all then this case looks quite simple.
Evidence would have needed to be provided by the prosecution that sex actually did take place. Was there a proper medical examination done at the time which could prove this?
The answer apparently, is "no" , so is it any wonder that the jury was loathe to find Bruce guilty.
If cases like this which hinge on one persons word against another with no corroborating evidence then NO verdict could be called "safe" and would always win on appeal anyway.
In fact this is more like a civil case and the law should be changed to force cases like this into civil proceedings and then the complainant can pay instead of the taxpayer.
She never lets up.
Brittany Higgins has issued a determined vow from her hospital bed that she will testify against Bruce Lehrmann if he sues Lisa Wilkinson and Channel 10 for defamation. The former Liberal staffer spent her 29th birthday in a Queensland mental health clinic on Wednesday, less than a week after the alleged sexual assault charge against her former colleague was dropped. Daily Mail Australia revealed on Tuesday Mr Lehrmann is considering whether to sue Wilkinson, the production company behind The Project (Rove McManus's Roving Enterprises), Network Ten and parent company Paramount. Ms Higgins first alleged she was raped by a 'male colleague' during a TV interview on The Project with Ms Wilkinson in February 2021, which later won the current affairs program a Logie. Ms Higgins responded to the news on Wednesday night when she vowed to testify to her version of events in court. Lehrmann has always strenuously denied Ms Higgins claims.
This is in the Daily Mail 7th Dec
This case is not over . It is really about to start . The Pot of Lawyer Gold will now open . Higgins should be charged on numerous counts , mainly Contempt of Court .
I'm deleting a few comments because most of the media is very nervous and not allowing any commentary at all on all this. Obviously everyone is worried about the current ligitious climate.
From The Australian today:
More information about possible defamation action from Bruce Lehrmann from The Australian:
Mr Lehrmann, now living in Tasmania, is understood to be giving “strong consideration” to filing lawsuits against several media companies, Twitter identities, and Mr Drumgold. Those in the firing line include Ms Wilkinson personally; the producers of The Project, Roving Enterprises, owned by comedian Rove McManus; and Network Ten and its parent company Paramount....
The ABC is likely to be sued by Mr Lehrmann over comments during the National Press Club appearance in February by Ms Higgins and Grace Tame, as well as the content of various news and current affairs programs.
Several newspapers, including The Australian, may also be issued with concerns notices.
Other possible targets include “eminent individuals” who tweeted or shared the emotional speech Ms Higgins made outside the ACT Supreme Court in October after Chief Justice Lucy McCallum aborted the trial over juror misconduct.
Media outlets who ran the speech in full or those parts of it that went to the truth of Ms Higgins’ allegations are in the frame.
Mr Lehrmann is also considering action against Mr Drumgold over his press conference last Friday, in which he withdrew the charges against Mr Lehrmann, but reiterated his belief that there were “reasonable prospects” for a conviction.
Mr Lehrmann is understood to be separately considering lodging a formal professional complaint against Mr Drumgold over those remarks, which have drawn criticism from senior legal figures for “simultaneously withdrawing a criminal prosecution in the court and then trying to continue it in the media”.
https://www.theaustralian.com.au/nation/bruce-lehrmanns-sights-on-potential-targets-for-defamation-action/news-story/d46226f3ac3cc07010c4591c1a4d838e
Kay, I'm sure all mothers would agree with you. The cost of sueing is enormous. With the large pockets of those backing "the handbag Brigade" and those who have publicly supported Brittany despite the fact that they should have remained silent, one would not be sure of success. The legal system is letting every Australian down when it is glaringly obvious that Bruce has not been considered innocent until proven guilty. Why on earth have these people not been disciplined at the very least?
Mark O'Brien is "one of the nation’s most feared defamation lawyers," says the Sydney Morning Herald. He's in talks with Bruce Lehrmann about taking legal action against many of the big media players who gleefully promoted Brittany Higgins as a "rape victim," defaming Lehrmann in the process.
Game on!
https://buff.ly/3Y31g7C
From The Spectator today -
‘It’s being reported that members of the ACT bar have called for the resignation of the ACT Director of Public Prosecutions, Shane Drumgold SC, for his mishandling of the Higgins sexual assault complaint , police sources intimating that the prosecution went ahead because of political interference rather than having sufficient evidence to prove the Crown case, and the subsequent mistrial of the accused, Bruce Lehrmann.’
When the law of the country is downstream of politics, we are all victims.
yes, this is being widely reported. https://apple.news/ADGYL9RGZQBKRApn-e4_SNw
I do hope that is the case. Remember back to the Daniel Jones and Sarah Jane Parkinson matter in 2013 - one that is still not resolved. Both policing and DPP really erred. ACT Policing has learnt its lesson, and did not want to proceed with this case. A diary note confirms. Yet DPP went ahead foolishly. Look at the debacle caused. People should be losing their privileged positions, including others who condoned this like ACT AG. IMO.
I think Bettina flagged more to come. Now higgins is suing parliament for millions i heard.
Is she taking civil action against him personally? I thought only where she can get money, such as the Gov. Civil cases still test evidence and seemingly she had nothing but circumstantial. In saying that, how badly this case was prejudiced, it might be a brave judge to not award in her favour.
Bettina Great article in the Age thought you may enjoy reading The barrister who wrote this has written a great piece stating how the DDP overstepped the mark. Along with how no action has been taken against Higgins for contempt of court. No action against Wilkinson for her part in interrupting the trial. Asking why the case went ahead against advice from senior police. Excellent article along the lines of your own excellent article.
Susie Taylor
https://www.theage.com.au/national/don-t-judge-the-legal-system-for-sorry-saga-of-the-lehrmann-trial-20221205-p5c3pf.html
That’s a good article you linked and very valid points. Glad scomo et al were called out. No appetite for the media to call prosecute themselves though. How did Bettina see the text where Higgins said she wanted to create a scandal?
Charlie, that is included in my blog.. when I quote Albrechtsen's info.
Ok thanks. I just thought it may have been leaked somewhere on the net like plenty of the texts that were presented to help her case by the media.