Bruce Lehrmann unsuccessfully subpoenaed the producers of the documentary
Silenced, which features
Brittany Higgins alongside actress
Amber Heard and lawyer
Jennifer Robinson. Photograph: Dan Himbrechts/AAP View image in fullscreen
Bruce Lehrmann unsuccessfully subpoenaed the producers of the documentary
Silenced, which features
Brittany Higgins alongside actress
Amber Heard and lawyer
Jennifer Robinson. Photograph: Dan Himbrechts/AAP
Bruce Lehrmann loses bid to get footage from documentary featuring
Brittany Higgins ahead of rape trial Judge says ‘no legitimate forensic purpose’ to former Liberal staffer’s subpoena requesting footage, ahead of his
Queensland trial Get our breaking news email, free app or daily news podcast 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. 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“Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows had said.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. Explore more on these topics
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