SR,

Your knowledge of the law is deficient. In a defamation case, the "truth" defence does not require proof beyond a reasonable doubt, but certainly substantive proof and one person's word alone does not cut it, especially when that person has been shown to lie to the police and under oath.

For LW and 10 News to justify accusing BL of rape they need to prove firstly that intercourse occurred and that it was non-consensual. So far they only have the word of one unreliable witness who stands to gain substantially from the outcome.

Dear Armchair Critic,

The hearings resume tomorrow at 9:30am I think.

You have to watch them on the day and recording them in any way is prohibited. You can use the Youtube slider and look at earlier footage from that day only if you get to it late.

Yes the only footage available of the parliament house on that night is that provided by Channel 7, the ones backing Lehrmann, who somehow got their hands on it. The originals are all deleted now.

The edited footage is from the one camera angle which shows Ms Higgins trying to put her shoes on. It is then cut and starts again with the shoes held to her chest walking toward the camera. The question is why was it edited. Did it show Ms Higgins stumble trying to walk in her shoes so taking them off? Perhaps something that would not have suited the narrative Channel 7 was trying to run.

Anyway, I thought it was a pretty large red flag, especially for someone like you, and was disappointed you let it all sail through to the keeper.

As to what happened in the 46 minutes I think it is perfectly reasonable to accept Ms Higgin's account of passing out on the sofa and awakening to find Lehrmann on top of her and her telling him repeatedly to get off.

Cont...

Cont...

As to the amount of alcohol, the 11 to 12 drinks was what was confirmed. There may well have been more.

CCTV footage at one of the nightclubs later in the evening shows Lehrmann putting drinks in front of Higgins pushing her to drink them:

Quote

The court was shown CCTV footage in which Lehrmann placed three drinks in front of Higgins at The Dock and gestured towards them.

Collins put to Lehrmann that he said “all hers, all hers” to another staffer. Lehrmann denied saying those words, but said he did not recall what he said.

The video showed Higgins smile and pat Lehrmann on the arm. Collins put it to Lehrmann that she said the words, “oh stop, oh stop”.

Lehrmann told the court he disagreed those words were said, but said he could not recall what she said.

“You were encouraging Ms Higgins to get drunk?” Collins asked.

“No,” Lehrmann replied.

End quote

http://www.smh.com.au/national/nsw/watch-live-lehrmann-faces-grilling-about-night-of-alleged-rape-20231123-p5emh7.html

It is reasonable to imagine drinking those in quick succession would have hit her significantly at some point.

Lehrmann had constantly tried to refute he had been targeting her with alcohol but the evidence presented shows that is a lie.

What do you think his intentions were, and why lie about them?

Given the close attention he gave her through the evening do you think it is reasonable to accept his claim that he left her as soon as they had entered the parliamentary offices and that he did not see her again before leaving?

The retrial has now been dropped due to concern about
Ms Higgins health.

It looks like Mr Lehrmann will not be facing any charges
or for that matter - he won't be vindicated either.

The case is now closed but questions linger on - and
will for some time to come.

We can only wish & hope that lessons have been learnt & prevention for repeats are worked out by now. That’s the least they could do for those who put their trust & public funding in the dwellers in that building

Dear Foxy,

I think you might have clicked an old link about the criminal trial.

This is a different trial where Lehrmann is suing Channel 10 for defamation. It is a civil matter. Channel 10 are running the truth in reporting defence which is why Ms Higgins has been called as a witness.

Ms Higgins will again be in the box today to be further cross examined.

The trial broadcast will start in 10 minutes at http://www.youtube.com/watch?v=WN5i8fKnnOM