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Lehrmann tells court text about potential to receive ‘millions’ in defamation claim was a fabrication

Bruce Lehrmann is being cross-examined about the vast delay in bringing his defamation claim against News Corp, Network Ten, and two journalists over their coverage of Brittany Higgins’ allegations.

Lehrmann has said that his legal advice immediately after the publications was that he should not pursue defamation action, and instead wait for the resolution of any criminal trial. He blames the delay, partly, on that legal advice and wants the usual 12-month time limit on defamation claims extended.

But text messages show that on the day of the initial publications, 15 February 2021, while Lehrmann was in the office of his then lawyer Warwick Korn, he was texting his then girlfriend about the potential to receive “millions” in a defamation claim.

He said in the text:

If I’m named tonight, he says I’m up for millions as defamation.

Lehrmann today said that text had been a fabrication. He said Korn had never told him that.

He said he was fabricating the conversation with Korn to placate his girlfriend.

Lehrmann has also blamed the delay in bringing a defamation claim on the prospect of criminal proceedings.

But the court has heard that Lehrmann, also on 15 February 2021, texted his then girlfriend suggesting he had been advised the matter would never get before a criminal court.

Lehrmann said on Thursday that that text was also a fabrication. Lehrmann denied that Korn had given him any such advice.

Dr Matt Collins KC, representing Network Ten, responded:

Your evidence is that you fabricated a conversation with Mr Korn for the purpose of conveying it to [your then girlfriend]?

Lehrmann agreed he had fabricated the conversation.

Rome was burning and I was trying to put on a brave face.

Collins asked:

So you made up a conversation with a lawyer?

Lehrmann said:

Yes.

The court also heard he had called a friend from lobbyist firm Barton Deakin on the same day, seeking a reference for a lawyer. That call took place after he had already organised to meet Korn, a criminal lawyer.

Lehrmann denied that he was asking his friend for a referral for a defamation lawyer. He said he was seeking a recommendation for a second criminal lawyer.

But the court heard the friend later sent him a text saying that she bet the lawyer she had recommended was grateful.

Lehrmann responded:

You have no idea.

Lehrmann told the court there was no second lawyer.

Collins said:

You fabricated conversations with a non-existent lawyer?

Lehrmann said:

Yes

Lehrmann denied raping Higgins in the office of their then boss, Linda Reynolds, and pleaded not guilty. His first trial was aborted due to juror misconduct and a retrial was discontinued due to fears for Higgins’ mental health.

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