Bruce Lehrmann was not “indifferent” to Brittany Higgins consenting to sexual intercourse, but instead knew she was not consenting, Lisa Wilkinson’s lawyers have told the federal court in fresh arguments ahead of the former Liberal staffer’s defamation case appeal.
But they argued he erred in not finding that Lehrmann knew she could not consent and Lee’s judgment “should be affirmed on grounds other than those relied on by the court”. In his judgment in April, Lee was not satisfied, on the balance of probabilities, that Lehrmann “turned his mind to consent and had, at the relevant time, a state of mind of actual cognitive awareness that Ms Higgins did not consent to having sex”.
Lee made his decision “without regard to contemporaneous records and other independent evidence from witnesses whose evidence was accepted without qualification that corroborated Ms Higgins’ evidence where it conflicted with Ms Brown’s”, the filing said.
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