Sue Chrysanthou,SC,acting for Wilkinson,read a message sent by Lehrmann to his then-girlfriend on February 15,2021,at 5.06pm,beforeThe Projectbroadcast Wilkinson’s interview with Higgins.
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“If I’m named tonight then he says I’m up for millions as defamation,” Lehrmann texted,referring to legal advice he said he had received.
The messages continued that night,the court heard,with Lehrmann telling his girlfriend:“Warwick[Korn,his solicitor] doesn’t think I will be named.
“Criminal,he says,is off the cards completely. One,it’s false,and second,they have nothing.” He went on to say that there may be civil proceedings.
The court heard Lehrmann also texted:“He said tonight I won’t see the light of a courtroom.”
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Chrysanthou said she had requested Korn,of Sydney-based firm Korn Tlais Defence Lawyers,to give evidence about his advice to Lehrmann because “it’s said that Mr Korn disagrees with what is recorded” and “in particular ... he doesn’t agree that he told Mr Lehrmann he was clear of any risk of being prosecuted”. Korn will give evidence on March 23.
Lehrmann’s barrister,Steven Whybrow,SC,has argued it was not reasonable for Lehrmann to file defamation proceedings within the one-year time limit because of legal advice he received,pending or existing criminal proceedings,and health concerns including mental health issues.
But Wilkinson and the media companies have argued it would not have been reasonable for Lehrmann to delay filing defamation proceedings pending a criminal trial if he had in fact been advised he would never stand trial.
Lehrmann told the court he watchedThe Project broadcast in Korn’s office. He said he was “outraged” and wanted to commence defamation proceedings.
He said Korn advised him a defamation lawsuit “could happen” but they would need to await the resolution of any criminal proceedings or investigation.
He did not recall Korn saying that Ten and others would be “up for a lot of money” or “millions” for defamation,and added:“I don’t believe he did say that.”
“I was placating[my girlfriend] ... given that she was incredibly upset and distraught,” he said.
He said he could not recall Korn telling him he did not think he would be named byThe Project.
Matt Collins,KC,acting for Ten,put it to Lehrmann that the texts were contemporaneous records of his conversations with Korn,adding:“I’ve caught you out,haven’t I?”
Lehrmann said he wasn’t telling his girlfriend the exact advice being given to him. He added “I disagree” when Collins put it to him that the texts were a faithful record of his lawyer’s advice.
He denied that further texts he sent his girlfriend at 5.58pm and 7.39pm that night,saying Korn “reckons defamation is definite” and “I’m a pawn,Rick[Korn] says,as part of a bigger political hatchet job”,reflected advice Korn had given him. He said Korn was not being paid at this stage.
Lehrmann said he was “not in a good way,to put it lightly” after the stories and presented himself to Royal North Shore Hospital the next day. He later spent about 12 days in a health facility,he said.
Neither News Corp nor Ten named Lehrmann but he was subsequently named in the media in August 2021 after he was charged with sexual intercourse without consent.
He pleaded not guilty to the charge. His trial was aborted in October last year due to juror misconduct. The charge was later dropped altogether amid concerns about Higgins’ mental health. Lehrmann has always maintained his innocence.
He told the court he participated voluntarily in an interview with the Australian Federal Police on April 19,2021,when no charge had been laid.
Lehrmann agreed under questioning by Chrysanthou that in April that year,before the AFP interview,he had no reason to believe he was going to be charged.
He also agreed that he was confident by June 18,2021,that “there was a resolution to clear the criminal allegations in the near future” and that he could return to work,then at British American Tobacco. He agreed he formed that view on the basis of legal advice.
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