Bruce Lehrmann loses bid to get footage from documentary featuring Brittany Higgins ahead of rape trial
Former political staffer Bruce Lehrmann has lost a legal bid to access copies of all footage from a documentary featuring Brittany Higgins.
Lehrmann had subpoenaed the producers of the documentary Silenced and signalled a possible attempt to ban its broadcast before his Queensland trial for rape.
Judge Deborah Richards on Monday ruled to set aside Lehrmann’s subpoena for a copy of the documentary, all unused footage and its schedule of distribution, finding the material was not currently relevant to the upcoming trial.
“There is no legitimate forensic purpose in this subpoena,” Richards said.
Stranger Than Fiction Films, the company behind Silenced, appeared in Queensland district court in Toowoomba on 18 June to respond to Lehrmann’s demands.
Silenced is a post #MeToo movement documentary that “reveals how defamation laws are weaponised to silence survivors,” according to Stranger Than Fiction Films’ court filings.
Stranger Than Fiction Films’ barrister, Dauid Sibtain, had argued against the subpoena in court, saying Silenced did not make reference to Lehrmann’s upcoming trial.
“We say it was an abuse of process,” Sibtain previously said.
“It lacks a legitimate forensic purpose.”
Lehrmann’s solicitor, Zali Burrows, had told Richards she had subpoenaed copies of the film and any “raw unedited b-roll” footage that may be used to promote its release.
“Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows had said.
Lehrmann, 30, is set to stand trial from 2 November, accused of twice raping a woman at a house in regional Queensland in 2021.
He has yet to enter a plea but has previously said via his solicitor he will contest the charges.
Lehrmann’s former colleague Brittany Higgins has previously been part of other legal actions involving Lehrmann.
Silenced’s “behind-the-headlines interviews reveal how the legal system is being used to victimise, discredit and ruin survivors,” Sydney film festival has stated.
Higgins was listed as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard.
Richards had heard the film could be prejudicial to potential jurors for Lehrmann’s rape trial in Queensland as they could be reminded of his prior court cases.
“The promotion of the broadcast is likely to confuse the potential jury pool what (Higgins) is alluding to or saying about her experience,” Burrows previously said.
Sibtain said earlier this month the film was already screening and Lehrmann’s prior court cases had already been the subject of extensive media reporting.
Stranger Than Fiction Films has sought costs from Lehrmann.
Read the full story at The Guardian ↗
Bruce Lehrmann sought to subpoena all footage from the documentary Silenced, which features his former colleague Brittany Higgins, ahead of his rape trial scheduled for November. Judge Deborah Richards dismissed the subpoena on 18 June, finding it lacked legitimate forensic purpose. Lehrmann's legal team had argued the film could prejudice potential jurors due to its coverage of his prior cases. The documentary's producers countered that the film does not reference his upcoming trial and that his prior court matters have already received extensive media coverage. Stranger Than Fiction Films is seeking legal costs from Lehrmann.
Read the full story at The Guardian ↗
Former political staffer Bruce Lehrmann has lost a legal bid to access copies of all footage from a documentary featuring Brittany Higgins.
Lehrmann had subpoenaed the producers of the documentary Silenced and signalled a possible attempt to ban its broadcast before his Queensland trial for rape.
Judge Deborah Richards on Monday ruled to set aside Lehrmann’s subpoena for a copy of the documentary, all unused footage and its schedule of distribution, finding the material was not currently relevant to the upcoming trial.
“There is no legitimate forensic purpose in this subpoena,” Richards said.
Stranger Than Fiction Films, the company behind Silenced, appeared in Queensland district court in Toowoomba on 18 June to respond to Lehrmann’s demands.
Silenced is a post #MeToo movement documentary that “reveals how defamation laws are weaponised to silence survivors,” according to Stranger Than Fiction Films’ court filings.
Stranger Than Fiction Films’ barrister, Dauid Sibtain, had argued against the subpoena in court, saying Silenced did not make reference to Lehrmann’s upcoming trial.
“We say it was an abuse of process,” Sibtain previously said.
“It lacks a legitimate forensic purpose.”
Lehrmann’s solicitor, Zali Burrows, had told Richards she had subpoenaed copies of the film and any “raw unedited b-roll” footage that may be used to promote its release.
“Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows had said.
Lehrmann, 30, is set to stand trial from 2 November, accused of twice raping a woman at a house in regional Queensland in 2021.
He has yet to enter a plea but has previously said via his solicitor he will contest the charges.
Lehrmann’s former colleague Brittany Higgins has previously been part of other legal actions involving Lehrmann.
Silenced’s “behind-the-headlines interviews reveal how the legal system is being used to victimise, discredit and ruin survivors,” Sydney film festival has stated.
Higgins was listed as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard.
Richards had heard the film could be prejudicial to potential jurors for Lehrmann’s rape trial in Queensland as they could be reminded of his prior court cases.
“The promotion of the broadcast is likely to confuse the potential jury pool what (Higgins) is alluding to or saying about her experience,” Burrows previously said.
Sibtain said earlier this month the film was already screening and Lehrmann’s prior court cases had already been the subject of extensive media reporting.
Stranger Than Fiction Films has sought costs from Lehrmann.
Read the full story at The Guardian ↗
Bruce Lehrmann lost a legal bid to access copies of footage from the documentary Silenced Judge Deborah Richards ruled the material was not currently relevant to the upcoming trial and found there was no legitimate forensic purpose in the subpoena Silenced features Brittany Higgins as a major interview subject and explores how defamation laws are used against survivors Lehrmann's legal team sought the footage to determine if material should be subject to an injunction preventing publication before or during the trial The documentary's producers argued the subpoena constituted an abuse of process Lehrmann's lawyer suggested the film's promotion could confuse the potential jury pool Lehrmann is charged with twice raping a woman in regional Queensland in 2021 and is set to stand trial from 2 November Stranger Than Fiction Films is seeking costs from Lehrmann
Read the full story at The Guardian ↗
- Bruce Lehrmann lost a court bid to access footage from the documentary Silenced, which features Brittany Higgins
- Judge Deborah Richards ruled the subpoena lacked legitimate forensic purpose for his upcoming rape trial
- Lehrmann faces trial from 2 November 2024 on charges of twice raping a woman in Queensland in 2021
- The documentary explores how defamation law is used against survivors post-#MeToo movement
- Stranger Than Fiction Films is seeking costs from Lehrmann following the ruling