Updated The Bruce Lehrmann Trials * Justice Lee - "Mr Lehrmann raped Ms Higgins."

[Kurve]

Historical Rape Allegation Against Fmr AG Christian Porter
The Alexander Matters matters

Just a reminder, this is the crime board and we need to be aware that there will be victims of crime either watching this thread or engaging in here from time to time. A degree of respect in all discussions is expected.

LINK TO TIMELINE
CJS INQUIRY
FINAL REPORT – BOARD OF INQUIRY – CRIMINAL JUSTICE SYSTEM
Joint media statement – Chief Minister and Attorney-General

LINK TO FEDERAL COURT DEFAMATION PROCEEDINGS

 

[Pure_Ownage]

Nah... Anyone who thought the Project overstepped the mark probably isn't watching it anymore (if they even were to begin with). They will still spin this as the ends justifying the means.

That will only work if the public are absolute morons.

 

[Pure_Ownage]

Not really, they didn't defame anyone, they were a bit sloppy but their reputation is way better than Channel 7's.

A bit sloppy would be the understatement of the century.

 

[dogs105]

 

[HirdsTheWord]

You left this bit out.

But he also acknowledged that the evidence of sexual assault victims was sometimes tainted by trauma.

"Any inconsistent or untrue representations in 2019 are not inconsistent with the conduct of a genuine victim of sexual assault struggling to process what happened, seeking to cope, and working through her options," he said.
Other assertions made by Ms Higgins, Justice Lee said, were inconsistent in a way that was synonymous with actions of a genuine victim of sexual assault.

that's true and fair still not a favorable look but obviously much better off than brucey.

 

[faible]

 

[Kurve]

At the end of the day the lawyers won again. It's hard to feel too sorry for Higgins as she was part of the Liberal party so knew the trouble she could be getting into. It was essentially Lib. vs. Lib.

Scary that degenerates like this are looking after our national security.

How is Whybrow to be paid if Bruce receives zero compensation?

 

[jason_recliner]

Higgins found to be raped, no cover-up occurred (Brown looking real good), and Leerman doesn't get one cent? That's a hatrick for the Recliner!!!

 

[jason_recliner]

How is Whybrow to be paid if Bruce receives zero compensation?

Leerman is going to have to do some bad, bad, nasty-dark things for his benefactor/s. All the coke in Colombia won't help him through this one.

 

[sydney_gws]

I think Bruce is creepy, but don't think this verdict is fair to him in some respects.
I am not him.
But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.
But I don't think he deserved compensation, neither did Brittany deserve 3 million.

 

[Carn The Berries]

The judge was thorough and critisized nearly everyone involved at some stage but this decision has enhanced Higgin's reputation and severely ruined Lehrman's.

I guess that depends on your perception of their reputations beforehand. If you were a vehement supporter of Higgins I can't see any way that the judgement enhances her reputation.

 

[Ghost Patrol]

I think Bruce is creepy, but don't think this verdict is fair to him in some respects.
I am not him.
But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.
But I don't think he deserved compensation, neither did Brittany deserve 3 million.

Perhaps he shouldn't have tried suing for defamation while his other rape trial is underway?

 

[jason_recliner]

But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.

I'm no law-guy but from what I understand, it doesn't matter. You can call him a rapist because he's a rapist - it's not defammatory.

 

[Carn The Berries]

That will only work if the public are absolute morons.

So it'll work....?

 

[Carn The Berries]

Perhaps he shouldn't have tried suing for defamation while his other rape trial is underway?

Also perhaps don't sue if you don't understand the law properly. It doesn't matter when the defamatory remarks are made, if they're true, they're true.

 

[Carn The Berries]

You left this bit out.

But he also acknowledged that the evidence of sexual assault victims was sometimes tainted by trauma.

"Any inconsistent or untrue representations in 2019 are not inconsistent with the conduct of a genuine victim of sexual assault struggling to process what happened, seeking to cope, and working through her options," he said.
Other assertions made by Ms Higgins, Justice Lee said, were inconsistent in a way that was synonymous with actions of a genuine victim of sexual assault.

And that addressed the misrepresentations around the time of the incident. Nothing there mitigates the other references such as holding back information and inconsistencies such as having a picture that was a "smoking" gun despite everything else on her computer being wiped.

 

[HirdsTheWord]

I think Bruce is creepy, but don't think this verdict is fair to him in some respects.
I am not him.
But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.
But I don't think he deserved compensation, neither did Brittany deserve 3 million.

it is what it is.

Thats how the law works.

Defamation is a balance of probabilities finding whereas the crime itself is beyond of reasonable doubt.

he took the risk and got bitten by it. Like Justice Lee said, he walked out of the lion cage and went back to get his hat.

 

[Kurve]

And that addressed the misrepresentations around the time of the incident. Nothing there mitigates the other references such as holding back information and inconsistencies such as having a picture that was a "smoking" gun despite everything else on her computer being wiped.

Trauma can hang for years, sometimes decades and sometimes it's lifelong.

I'll go back and find Lee's remark where he suggested it was wrong to make judgements on a rape victims behaviour. Then Lee ended with his judgement that she was a rape victim.

 

[faible]

I think Bruce is creepy, but don't think this verdict is fair to him in some respects.
I am not him.
But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.
But I don't think he deserved compensation, neither did Brittany deserve 3 million.

That's not how the law works; if it's found to be true it's not defamation is effectively what the outcome has been in this case, a.k.a the truth defence

If you call someone a murderer, before their murder trial, it's not defamation if they're actually a murderer.

Same as the accused murderer in the Bondi case, he can't (if he was alive) sue for defamation on the basis of when he was named he hadn't yet been tried and found guilty of murder.

There's a reason many news outlets are very careful to always add 'accused <crime>' when discussing it though. Wilkinson's handling of the story was very poor, the whole thing was a shambles and likely denied Higgins' (and yes, Lehrmann) a 'fair' criminal trial and should be a lesson to the media to stay the hell out of legal matters so that the people involved have the opportunity to receive a fair trial.

 

[Carn The Berries]

Trauma can hang for years, sometimes decades and sometimes it's lifelong.

I'll go back and find Lee's remark where he suggested it was wrong to make judgements on a rape victims behaviour. Then Lee ended with his judgement that she was a rape victim.

No need to search for it, I listened to the entire hearing. I still maintain that his remarks were only referring to specific parts of Higgins behaviour and not a carte blanche exoneration of how she handled herself.

 

[Aristotle Pickett]

A bit sloppy would be the understatement of the century.

They won the case

 

[Aristotle Pickett]

I think Bruce is creepy, but don't think this verdict is fair to him in some respects.
I am not him.
But given this was before he was even arrested on a criminal matter, to be named was defamatory at the time.
But I don't think he deserved compensation, neither did Brittany deserve 3 million.

He's a lying coke addled rapist he got off lighly he should have been jailed for 5 years at the criminal trial. Not sure why you would say it's not fair.

 

[Festerz]

Posting this here for those in this thread whose posts over the months made it clear they still don't 'get' the meaning of consent:

 

[Satan]

Bruce and donald both rapists

 

[HirdsTheWord]

He's a lying coke addled rapist he got off lighly he should have been jailed for 5 years at the criminal trial. Not sure why you would say it's not fair.

I believe he is referring to a criminal charge being determined at a civil level of burden of proof as being the unfair part.

could be wrong.

 

[Retzlaff]

Brendon McCullum says it feels like Bruce won