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Verdict in the Bruce Lehrmann libel trial – how it happened | Australian Media

Key events

Lee was convinced that Higgins had not consented to sex with Lehrmann

Lee has rejected the idea that they would have left together if the intercourse had been consensual. He said it was understandable that Lehrmann ran away alone because he cheated on his girlfriend.

On the issue of consent, Lee said Lehrmann knew Higgins was drunk, saw her fall over and saw her drinking.

He's not happy that Higgins repeatedly said no, but he wonders if she even agreed.

In the end, what matters is whether Higgins told the truth on the witness stand. Her evidence that she was not fully aware of her surroundings until she realized that Lehrmann was in the middle of a sexual act.

Lee said he was satisfied Higgins did not consent.

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Sexual intercourse occurred between Higgins and Lehrmann, but Lee is not at all pleased with the fact that Higgins repeatedly said “stop” while lying on top of her.

Lee details the historical and legal definitions of rape.

Lee said his focus in this case is on the ordinary meaning of rape, which is a civil case, not a criminal case.

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According to Lee, sexual intercourse occurred between Higgins and Lehrmann

Lee now explains what he found in the suite. He assumes that sexual intercourse actually took place and that Lehrmann was into Higgins.

He is not satisfied that Higgins repeatedly said “no,” but he believes she was passive “as a log” and that she fell into a deep sleep afterward.

He's not convinced the photo of the bruise was real.

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Lee said it was significant that she told her “loving father” that she had been raped.

“You wonder why a daughter would say something like that to an obviously loving father without any real faith that should have taken place,” Lee said.

“For the sake of completeness, it is important to emphasize that these seemingly open communications with her father could be viewed as compelling because they occurred prior to the interview with The Project.”

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Judge found Higgins was “heavily drunk” on the night of the alleged rape

Lee is satisfied that Higgins was drunk and that she was “severely intoxicated,” even though we don't have a blood alcohol reading.

Lehrmann was not accused of additionally drinking whiskey in the office on the witness stand, but he strongly suspects that it happened.

CCTV footage showed Higgins going through security, trying to put her shoes on and later hopping to catch up.

While it shows she wasn't “paralytically drunk,” she was severely affected and Lehrmann was aware of her condition, Lee says.

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Judge presents undeniable facts

Lee says Higgins was happy to hear Lehrmann deny that sex even took place. Higgins had told Samantha Maiden she believed there would be a debate about consent.

Lee said the undeniable facts were: Higgins and Lehrmann were alone in Parliament House; Lehrmann didn't answer his girlfriend's calls, Lehrmann left the office alone, Higgins fell into a deep sleep; Higgins was checked by a security guard and there was no response.

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The judge criticized Bruce Lehrmann quite harshly throughout the reading of the verdict extracts.

Lehrmann, who was sitting in court, barely looked up at the judge throughout the sentencing hearing, instead looking at his table and occasionally chatting with the legal representative sitting next to him.

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'Subtle tension' between Higgins' different accounts of alleged rape, says judge

Lee is now going through Higgins' evidence about the alleged rape.

“The first thing to say about Ms Higgins' report is that it is a serious allegation,” he said.

Lee finds Higgins' portrayal more credible than Lehrmann's.

There is a “subtle tension” between Higgins' different accounts of the alleged rape.

Three days after the incident, she said: “I couldn't have agreed. It would have been like fucking a tree trunk.”

Another time she said: “As far as I remember, I was barely lucid. I don’t think it was consensual at all.”

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Lehrmann's report is an “elaborate fantasy,” says Lee

Lee says he thinks Lehrmann's report is “an elaborate fantasy.”

He rejects Lehrmann's claim that he took notes for a short question time in the office.

Lehrmann returned to the office with “a woman he found attractive who had just been having sex at a nightclub,” Lee says.

Lee says he would expect any man to check on a young woman before leaving the office so late at night.

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Lee rejects criticism of Parliament's security guards for letting Higgins and Lehrmann in

Lehrmann told security that “we,” not “I,” needed to collect documents so guards wouldn’t deny them entry. Lehrmann thought collecting his keys wasn't a good excuse to get into the office and thought he might be turned away, Lee says.

Lee evaluates the security forces' statements about the degree of poisoning of Lehrmann and Higgins. A security guard said Higgins was drunk because she was having trouble putting on her shoes.

Lee dismisses Ten's claim that the pair should have been denied entry to the Parliament building, pointing out that drunk people can calm down and convince the guards that they are fine.

He rejects the critical statements about security personnel.

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