Network Ten said it never intended to interfere with the administration of justice when Lisa Wilkinson’s Logies speech was approved.
Wilkinson’s Logies speech was delivered on national television in June 2022, eight days before Bruce Lehrmann’s criminal trial was due to begin.
During the speech, Wilkinson spoke about Brittany Higgins as though she was a proven rape victim, rather than an alleged victim, which the ACT Chief Justice believed could prejudice a jury against Lehrmann.
The trial was moved to October as a direct result of that speech.
During the defamation trial in December, Lehrmann argued the speech destroyed his right to a fair trial.
The court then heard that Ten’s senior litigator Tasha Smithies approved the speech.
In court on Wednesday, Justice Lee asked the network to explain comments solicitor Justin Quill made outside court about Wilkinson’s Logies speech.
Mr Quill had said the fact that the criminal trial was moved in the wake of Wilkinson’s speech represented a concerning ‘lack of faith’ in the jury system.
‘That we would think that [a jury] would, sitting in a criminal proceeding, hear sworn evidence, watch witnesses sometimes get torn apart by cross-examination … and somehow go against all of that because they saw an implication in a Logies speech sometime earlier,’ he said.
‘I just don’t agree with that concept.’
Ten’s barrister Matthew Collins KC said Mr Quill’s comments about the speech did not represent a considered view.
‘Your honour’s judgment has been treated extremely seriously by Network Ten,’ Dr Collins said.
Justice Lee replied: ‘I’ve seen that it appears that that was just a misstatement of the position,’ Lee said.
‘I fully accept that everyone makes mistakes.’
Dr Collins acknowledged Justice Lee’s criticism of the fact that Ten approved the speech.
He added: ‘There was not the slightest suggestion … in our submission that anything Ms Smithies said in the witness box would lead your honour to think that she was engaged in some campaign that had an intention to interfere with Mr Lehrmann’s right to a fair trial.’
‘She’s open to criticism for other matters, but not that, you know, respectful submission, and it would be an extraordinarily serious thing to say have any experience as a legal practitioner.’