Network Ten has applied to reopen and introduce fresh evidence to the Bruce Lehrmann defamation case just days before the judgment is due to be handed down.

Network Ten’s lawyers lodged an interlocutory application on Sunday seeking the high-profile case be reopened so fresh evidence can be admitted for Justice Michael Lee’s consideration.

Justice Lee is due to hand down his judgment on the multi-million-dollar case in the Federal Court on Thursday after weighing up evidence from the month-long trial.

The application will be heard by Justice Lee at 5pm on Tuesday.

Lehrmann is suing Network Ten and journalist Lisa Wilkinson over a February 2021 report on The Project in which Brittany Higgins was interviewed about her alleged raped in a Parliament House office in March 2019.

He is seeking extensive damages, saying those reports have destroyed his reputation.

The trial against Ten concluded in December while Justice Lee deliberated the significant amount of evidence presented during the case.

Lehrmann also sued News Corp and the ABC over their coverage of Higgins’ allegations.

Both these cases have settled, with the ex-Liberal staffer receiving $445,000 in legal costs under the agreements.

But his legal bill, should he lose against Ten, will be far higher after a lengthy and hotly contested hearing.

Trial evidence

The trial took place in Sydney in December and February, when Justice Lee heard evidence from Higgins and Lehrmann about what they claimed occurred in the office of Senator Linda Reynolds in Canberra in March 2019.

Higgins said she went drinking with Lehrmann and some colleagues and returned to Parliament House in the early hours of Saturday morning.

She alleged she woke up on Senator Reynolds’ couch to find Lehrmann on top of her and that, despite her protests, he continued with the assault.

A security guard told the court she found Ms Higgins naked and asleep in the office hours after he left.

Lehrmann has consistently claimed nothing sexual happened between him and his then-fellow Liberal staffer, and has consistently denied raping her.

He claims a segment aired on The Project identified him – despite not naming him specifically – and that it destroyed his reputation by falsely reporting that he raped Higgins.

Ten and Wilkinson have defended the interview, saying it was true and in the public interest because it involved an alleged sexual assault in Parliament House.

During the trial, Justice Lee saw Higgins and Lehrmann undergo aggressive cross-examination.

Credibility attacked

Both had their credibility successfully attacked.

Lehrmann was caught using different reasons for why he had to return to Parliament House after hours, including that he was dropping documents off and that he had returned to drink whiskey.

He told the Federal Court he had gone back to add notes to Question Time folders after receiving information from work colleagues during drinks earlier that night.

It was the first time he was made to give evidence under oath in court as he exercised his right to remain silent during an earlier criminal trial, which was aborted due to juror misconduct.

Ten’s lawyers told the court Lehrmann was a “fundamentally dishonest man” who was prepared to make bizarre, absurd lies in order to further his cause.

Higgins also conceded her versions of events had changed over time, including an admission that a bruise in a photo sent to Ten might not have been caused during the alleged assault.

Most of the arguments from Lehrmann’s legal team centred on Higgins’ claims of a government cover-up to prevent the rape being reported.

Numerous documents and other evidence were used to show Higgins did not experience pressure from her bosses to remain silent about what she claimed occurred.

Lehrmann’s lawyers have accused her of lying to keep her job after being found naked in her workplace.

Other witnesses at the defamation trial included a colleague who said she saw the pair kissing and touching each other before leaving for Parliament House that night.

An English lip-reader, after observing CCTV footage, told the court Lehrmann had been “plying” Higgins with alcohol in a bar.

While the primary defamation claim revolves around whether the rape took place, Justice Lee also needs to consider another option – that Lehrmann and Higgins had consensual sex that night, contrary to both of their testimonies.

In that event, Ten’s lawyers have argued the former Liberal staffer should not even be given nominal damages as he would have lied to the Federal Court and during the criminal trial against him.

Prosecutors did not seek a retrial due to concerns for Higgins’ mental health after the initial proceeding was aborted in late 2022.

In ordering damages, Justice Lee will also consider the conduct of Ten and Wilkinson, including a decision to greenlight a speech given by the journalist accepting a silver Logie for The Project segment.

That speech was given days before a criminal trial was due to commence and resulted in the case being postponed.

-AAP