It was “grossly improper and unjustifiable” he found, because it implied Brittany Higgins’ allegations were true in proximity to the jury hearing evidence.
Outside the court, it wasn’t an assessment that was shared by lawyer Justin Quill, whose firm Thomson Geer acted for Channel Ten. The speech then led to Chief Justice Lucy McCallum delaying the criminal trial of Bruce Lehrmann by three months. Mr Barilaro had sued Google and political commentator Jordan Shanks over two videos published on the Friendlyjordies channel.The question that now arises is whether or not Justice Lee proposes to refer the matter for further action.“Although I regard Ms Wilkinson’s conduct in giving the speech to be improper and unjustifiable, she has less culpability than those encouraging her to make the speech,’’ Justice Lee said.
“There has been ample time for mature reflection and yet there is no recognition, even now, that the speech could have undermined the administration of justice and caused it to be disrupted. It is one thing to make a mistake, even a serious mistake – after all, to err is to be human. The Ten lawyer who Wilkinson says told her this has confirmed to the Federal Court that she did advise Wilkinson the speech was “okay”.Ms Smithies told the Federal Court however that she did not accept that advice had exposed Wilkinson to public criticism.
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