Bruce Lehrmann denies rape, trying to get Brittany Higgins drunk while under cross-examination

Bruce Lehrmann, on the stand in his defamation trial against Network Ten, has again denied sexually assaulting Brittany Higgins and said he was not trying to get her drunk after the court was shown CCTV footage from a bar taken hours before the alleged rape.

Bruce Lehrmann has admitted to providing a false account of why he and Brittany Higgins returned to Parliament House on the night of the alleged sexual assault. Source: AAP / Bianca De Marchi

Key Points

• Bruce Lehrmann is suing Network Ten and Lisa Wilkinson for defamation.
• The defamation action relates to statements by Higgins published by Network Ten, about her sexual assault allegations from 2019.
• Lerhmann has always denied these allegations, and a criminal trial into the matter was aborted with no findings made against Lehrmann.

This article contains references to allegations of rape and sexual assault.

Former Liberal staffer Bruce Lehrmann has denied encouraging Brittany Higgins to get drunk at a bar and then raping her while he was "sweaty and grunting" on a federal minister's couch.

Facing questioning for the third day in his defamation case against Network Ten and journalist Lisa Wilkinson, Lehrmann was asked about attending Parliament House with Higgins in the early hours of 23 March, 2019.

CCTV footage played to the Federal Court shows the pair entering the office of then-defence industry minister Linda Reynolds where the alleged sexual assault occurred.

"You had sexual intercourse with Higgins on the couch in Minister Reynolds' office?" asked Network Ten's barrister Matthew Collins KC during cross-examination on Friday.

"I did not," Lehrmann replied.

Lehmann is suing Network Ten and Lisa Wilkinson (left) for defamation over a report on The Project. Source: AAP / Bianca De Marchi

The denials continued after Collins suggested the former tobacco lobbyist had been "rough and forceful" as Higgins was passed out during the alleged sexual assault and he had been "sweaty and grunting" as she regained consciousness partway through.

"None of this happened, Collins," Lehrmann said.

"Did you at any time seek Higgins' consent to have sexual intercourse with her?" Collins asked.

"I didn't have sexual intercourse with her," the law student replied.

It came after Lehrmann on Thursday replied "absolutely not" after being asked by his barrister Steven Whybrow SC if he had raped Higgins on the evening of 23 March, 2019.

Earlier on Friday, Lehrmann watched CCTV footage from Canberra bar The Dock taken hours before the alleged rape.

Lehrmann was seen twice buying drinks for Higgins and separately placing a glass of alcohol in her hands and arranging three drinks before her on the table.

"You were encouraging Higgins to get drunk?" Collins asked.

"No," Lehrmann replied.

Lehrmann was unable to say why he told the court on Wednesday that he had not bought drinks for anyone else at The Dock other than one round of beers for a friend.

"I must have been confused about where we were," he told Justice Michael Lee.

Leaving The Dock just after midnight, the group moved to '80s-themed nightclub 88mph.

Lehrmann said that while there he engaged in "very minimal" flirtation with Higgins and denied seeing her stumble and graze her knee.

He also rejected claims he had touched her leg or pashed her while in a booth, or had seen her trip on the stairs outside.

Earlier, Lehrmann admitted he gave a false account to police about why he and Higgins returned to Parliament House on the night she was allegedly raped.

Three days after the alleged sexual assault, during a meeting with Senator Reynolds' then-acting chief of staff Fiona Brown over a "security incident" on the weekend, Lehrmann said he returned to the office to have two glasses of whiskey.

Bruce Lehrmann took a break after telling the court his "mind was blank". Source: AAP / Bianca De Marchi

During an April 2021 interview with federal police, he denied that drinking whiskey was the excuse he gave to Ms Brown about his after-hours return to Parliament House.

"Those answers to the Australian Federal Police were false?" Collins asked.

"Yes," Lehrmann replied.

"And you knew them to be false?" Collins asked.

"Not at the time," Lehrmann said.

He is suing Ten and Wilkinson for defamation over a February 2021 report on The Project featuring an interview with Higgins about the alleged sexual assault.

Lehrmann has settled separate defamation proceedings he brought against News.com.au and the Australian Broadcasting Corporation over their reports about Higgins' allegations.

In 2022 Lehrmann, who has always denied raping Higgins, faced a criminal trial in the ACT Supreme Court which was derailed by juror misconduct. Prosecutors did not seek a second trial because of concerns about Higgins' mental health.

A landmark report into the ACT legal system and the Higgins case released in August made damning findings against now ex-director of public prosecutions Shane Drumgold regarding his conduct during the case.

If this story has raised any issues for you, there is help available at Lifeline on 13 11 14.

If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au In an emergency, call 000.