Former Seven Network producer Taylor Auerbach testifies in Bruce ...

4 Apr 2024

The defamation case brought by Bruce Lehrmann against Network Ten and Lisa Wilkinson has reopened today to hear fresh evidence.

Bruce Lehrmann - Figure 1
Photo ABC News

The reopening was prompted by an affidavit from Seven Network producer Taylor Auerbach, who alleges the broadcaster paid for illicit drugs and sex workers in a bid to secure an interview with Mr Lehrmann.

Network Ten's reason for reviving the case related to questions over how the Seven Network obtained certain material for The Project interview held by Lisa Wilkinson with Brittany Higgins about her alleged rape.

Mr Auberbach is giving evidence this afternoon in the Federal Court.

Key events25 minutes agoThu 4 Apr 2024 at 4:44am Auerbach denies trying to 'destroy' those connected to Seven33 minutes agoThu 4 Apr 2024 at 4:37am Auerbach says he offered his resignation after charging corporate credit card for massages49 minutes agoThu 4 Apr 2024 at 4:21am Seven Network reimbursed Lehrmann for drugs and sex workers: Auerbach
Lehrmann's barrister says Auerbach was drinking heavily in late 2022

Mr Auerbach has also been questioned about his alcohol consumption in late 2022.

Mr Lehrmann's barrister put to him that he was consuming up to 20 standard drinks per day.

"Your recollection of anything that happened in November or December 2022 is suspect," Mr Richardson said.

"I disagree," Mr Auerbach replied.

It was during this period Mr Auerbach claims Mr Lehrmann provided the Seven Network with material from an electronic brief of evidence in his criminal case, including an AFP statement of facts, and an extract of Brittany Higgins's text messages with her former partner.

"Mr Lehrmann did not supply the AFP statement of facts to you," Mr Richardson suggested.

Mr Auerbach said he disagreed.

Mr Lehrmann has previously denied providing Seven with anything other than his interview.

'I was not proud of that story'

From court reporter Patrick Bell:

Mr Auerbach says he was "deeply concerned" that the interview with Bruce Lehrmann on the Spotlight program was nominated for a Walkley award.

Bruce Lehrmann - Figure 2
Photo ABC News

"I was not proud of that story," Mr Auerbach told the court.

The nomination was rescinded when it emerged Seven had paid for Mr Lehrmann's rent for a year, and had not disclosed the payment to The Walkley Foundation.

Mr Lehrmann's barrister Matthew Richardson suggested Mr Auerbach had come to court "to do as much damage to your former employer and former colleagues as you possibly can".

"No, sir," Mr Auerbach replied.

Bruce Lehrmann spoke to 7NEWS Spotlight on June 4, 2023 — his first television interview since being accused of raping Brittany Higgins.(Supplied: 7NEWS Spotlight)

Key Event

Auerbach denies trying to 'destroy' those connected to Seven

Taylor Auerbach has claimed he was later instructed by the executive producer of Spotlight and an external lawyer to delete communications he had with Bruce Lehrmann.

Mr Lehrmann's barrister Matthew Richardson has suggested the lawyer "never so much as hinted" Mr Auerbach should "do anything of the kind".

"That's completely incorrect," Mr Auerbach replied.

He disagreed with the suggestion that he was "willing to say anything, no matter how false, to damage people who are employed by Channel Seven or connected with Channel Seven".

The court has also been played a video of Mr Auerbach destroying golf clubs which belonged to his former Seven colleague Steve Jackson, a man he told the court he "hates".

Key Event

Auerbach says he offered his resignation after charging corporate credit card for massages

From court reporter Patrick Bell:

The court has heard Mr Auerbach offered his resignation to the Seven Network the morning after he charged the corporate credit card for massages allegedly received by Mr Lehrmann and his friend John MacGowan.

In his affidavit tendered to the court Mr Auerbach said the massages were worth more than $10,000.

Bruce Lehrmann - Figure 3
Photo ABC News

"That morning was the worst morning of my life," he said.

Mr Auerbach has accepted he told his bosses the purchases had "nothing to do with work" but now says that is not a true reflection of the situation.

"I was very emotional, I was trying to give both Seven and in some ways Mr Lehrmann protection."

He has rejected Matthew Richardson's suggestion that he was motivated to put this in an affidavit to "humiliate" Mr Lehrmann.

Auerbach says he was appointed to be Lehrmann's 'babysitter'

Mr Auerbach has told the court he dined with Mr Lehrmann at a Sydney restaurant, Franca, for the purpose of securing an interview with him.

"I had been reappointed to be his babysitter, minder, looking after him," Mr Auerbach told the court.

He said it was for the purpose of "building up a rapport, trying to build trust, some kind of relationship".

That night, Auerbach says he began texting his boss, former executive producer Steve Jackson, that "Bruce was on the warpath again".

"I think I used the words 'this is f***ed,'" he told the court.

Key Event

Seven Network reimbursed Lehrmann for drugs and sex workers: Auerbach

Mr Auerbach claims the Seven Network reimbursed Bruce Lehrmann for money he spent on illicit drugs and sex workers during his time in Sydney in early January 2023.

"[Bruce Lehrmann] got in touch with me to say his bank account was dry after the, for want of a better word, bender, and asked if there was a way that we would be able to compensate him for that," Mr Auerbach said.

Mr Auerbach said Mr Lehrmann then issued a "per diems" invoice.

"I recall seeing the invoice, it was sent to either me or our unit manager or both of us, but it was an invoice for the period covering that trip in Sydney."

Key Event

Auerbach says Lehrmann bought cocaine on trip to Sydney

Taylor Auerbach is testifying about a meeting with Bruce Lehrmann on a night in early January 2023.

Bruce Lehrmann - Figure 4
Photo ABC News

He has told the court he went back to a Sydney Meriton hotel with Mr Lehrmann, who he said had earlier purchased a bag of cocaine.

"When we got upstairs to the room he pulled that out and started to put it on a plate," he said.

Mr Auerbach said Mr Lehrmann then spoke about "his desire to order prostitutes to the Meriton that night, and began Googling a series of websites to try and make that happen".

Key Event

Taylor Auerbach is in the witness box

Mr Auerbach has been sworn in and is about to give evidence.

Affidavits being admitted to evidence

From our court reporter Patrick Bell:

Taylor Auerbach is expected to be called any minute now.

The court is currently going through the process of formally admitting his affidavits into evidence.

Three of the four were previously admitted as annexures to affidavits of a Network Ten solicitor, when the broadcaster was applying to reopen the case.

That's how his sensational allegations became public knowledge.

New evidence relevant to Mr Lehrmann's credibility: Ten

Late on Tuesday, Network Ten's barrister Matthew Collins told the court Mr Auerbach's evidence was relevant to Mr Lehrmann's credit.

Under cross-examination during the trial, the former Liberal staffer said he only gave an interview for the Spotlight program, and did not provide the Seven Network with any other material.

While Network Ten says it's important to the case to know if he spoke the truth, Justice Lee has already said he believes both the critical witnesses in this case — Mr Lehrmann and Ms Higgins — have credibility issues.

It may also be relevant to the question of what damages Mr Lehrmann is entitled to, if the court finds he was defamed.

Network Ten says the new evidence is relevant to Bruce Lehrmann's credibility.(AAP: Paul Miller)
Court resumes after brief adjournment

Taylor Auerbach is yet to be called to the witness box, because the court adjourned briefly.

Bruce Lehrmann - Figure 5
Photo ABC News

Justice Michael Lee asked Mr Auerbach's lawyer, Rebekah Giles, to clarify if she was ever retained to act as Brittany Higgins's lawyer.

He said he wanted to ensure there was no conflict of interest in her representing Mr Auerbach in these proceedings.

Ms Giles has told the court: "I'm satisfied that I do not have a conflict in representing Mr Auerbach."

How two TV networks became embroiled in Bruce Lehrmann's defamation case

It was Network Ten that first aired an exclusive interview with Brittany Higgins about her alleged rapist, an unnamed colleague.

That colleague, Bruce Lehrmann, was watching that night in February 2021.

He later launched defamation proceedings against Ten and Ms Wilkinson, who interviewed Ms Higgins, as well as a now settled claim against News Life Media and Samantha Maiden.

This week, attention turned to Mr Auerbach's allegations, including that Seven paid for illicit drugs and sex workers to secure an interview with Mr Lehrmann.

But even that is not the reason Network Ten has actually sought to reopen the defamation case.

It was more concerned by the prospect that Mr Lehrmann had given material to the Seven Network, in breach of what is known as the Harman principle.

In this case, the Seven Network obtained an audio recording of a conversation involving Brittany Higgins, her partner David Sharaz, Lisa Wilkinson, and senior Network Ten producer Angus Llewellyn.

Bruce Lehrmann has denied providing the material, and the network says it has no intention of revealing its source.

But Network Ten believes Mr Auerbach can help trap Mr Lehrmann in a falsehood.

'Confined number' of documents provided by Seven

In a hearing this morning, Seven faced questions about why it produced just one page of communications between network employees and Bruce Lehrmann, relating to his appearance on the Spotlight program last year.

Bruce Lehrmann - Figure 6
Photo ABC News

Seven lawyers provided the court with what barrister David Thomas described as "a confined number of additional documents".

Network Ten barrister Matthew Collins said this "beggars belief".

"There is, so far as we can see … one document evidencing a communication [involving] Mr Lehrmann, the star of the exclusive interview, over a six or seven-month preparation period," he said.

Justice Lee then ordered Seven to produce an affidavit explaining why it had produced fresh documents in answer to a subpoena they were compelled to respond to a year ago.

Key Event

Taylor Auerbach arrives at the Federal Court

Former Seven Network producer Taylor Auerbach has arrived at the Federal Court in Sydney.

Mr Auerbach is set to give evidence this afternoon.

Taylor Auerbach outside the Federal Court.(AAP: Dean Lewins)
Interview on The Project sparked defamation proceedings

The defamation case began on November 22 last year, when Mr Lehrmann sued Network Ten and journalist Lisa Wilkinson for defamation over an interview with his former colleague Brittany Higgins, who alleged she'd been raped in Parliament House.

Mr Lehrmann argued that while he was not named in the interview, he was identifiable as the alleged perpetrator.

A criminal trial began in 2022 but collapsed due to juror misconduct, with no findings against him.

He maintains his innocence.

Brittany Higgins on an episode of The Project in February 2021, in which she alleged she had been raped in Parliament House. (Supplied: Network Ten)
Affidavit sparks reopening of case

So, how did we get here?

Yesterday, the Federal Court published an affidavit from Taylor Auerbach, which detailed allegations the broadcaster paid for "illicit drugs and prostitutes" in a bid to secure an exclusive interview with Bruce Lehrmann.

This fresh evidence was brought by Network Ten in an application to reopen Mr Lehrmann's defamation case.

Justice Michael Lee, who was due to deliver his judgment in the case today, instead agreed to hear the evidence.

Mr Auerbach is expected to appear in court within the hour.

Bruce Lehrmann sued Network Ten and Lisa Wilkinson for defamation last year.(AAP: Bianca De Marchi)
Taylor Auerbach expected to give evidence in Federal Court

Good afternoon all.

I'm Niki Burnside and I'll be updating you as we hear fresh evidence in Bruce Lehrmann's defamation trial.

I'm an ABC journalist and I have been following the case closely.

I'm also joined by ABC court reporter Patrick Bell, who has been covering proceedings since they began last year.

This afternoon we're expecting to hear new evidence, including from former Seven Network producer Taylor Auerbach.

Seven Network producer Taylor Auerbach has alleged the broadcaster paid for "illicit drugs and prostitutes" to secure an interview with Bruce Lehrmann.(ABC News)
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