Former political staffer Bruce Lehrmann has lost a legal bid to access copies of all footage from a documentary featuring Brittany Higgins.
Lehrmann had subpoenaed the producers of the documentary Silenced and signalled a possible attempt to ban its broadcast before his Queensland trial for rape.
Judge Deborah Richards on Monday ruled to set aside Lehrmann’s subpoena for a copy of the documentary, all unused footage and its schedule of distribution, finding the material was not currently relevant to the upcoming trial.
“There is no legitimate forensic purpose in this subpoena,” Richards said.
Stranger Than Fiction Films, the company behind Silenced, appeared in Queensland district court in Toowoomba on 18 June to respond to Lehrmann’s demands.
Silenced is a post #MeToo movement documentary that “reveals how defamation laws are weaponised to silence survivors,” according to Stranger Than Fiction Films’ court filings.
Stranger Than Fiction Films’ barrister, Dauid Sibtain, had argued against the subpoena in court, saying Silenced did not make reference to Lehrmann’s upcoming trial.
“We say it was an abuse of process,” Sibtain previously said.
“It lacks a legitimate forensic purpose.”
Lehrmann’s solicitor, Zali Burrows, had told Richards she had subpoenaed copies of the film and any “raw unedited b-roll” footage that may be used to promote its release.
“Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial,” Burrows had said.
Lehrmann, 30, is set to stand trial from 2 November, accused of twice raping a woman at a house in regional Queensland in 2021.
He has yet to enter a plea but has previously said via his solicitor he will contest the charges.
Lehrmann’s former colleague Brittany Higgins has previously been part of other legal actions involving Lehrmann.
Silenced’s “behind-the-headlines interviews reveal how the legal system is being used to victimise, discredit and ruin survivors,” Sydney film festival has stated.
Higgins was listed as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard.
Richards had heard the film could be prejudicial to potential jurors for Lehrmann’s rape trial in Queensland as they could be reminded of his prior court cases.
“The promotion of the broadcast is likely to confuse the potential jury pool what (Higgins) is alluding to or saying about her experience,” Burrows previously said.
Sibtain said earlier this month the film was already screening and Lehrmann’s prior court cases had already been the subject of extensive media reporting.
Stranger Than Fiction Films has sought costs from Lehrmann.
