Thousands of pages of “deeply personal” exchanges between Brittany Higgins were leaked to the Spotlight program, according to a bombshell affidavit outlined in the Federal Court.
Channel Ten’s barrister Matt Collins KC opened his submissions at 5pm by revealing the affidavit prepared by Taylor Auerbach includes more than 2,000 pages of private text messages between Ms Higgins and her former boyfriend Ben Dillaway.“These are deeply personal exchanges between Ms. Higgins and her former boyfriend that are not otherwise in the public domain and which are the subject of implied undertakings in our submission,’’ he said.
Mr Fitzsimons, who was acting as Ms Higgins’ pro bono literary agent, told her in March 2021 that she would receive a $325,000 advance from Penguin Random House, a court previously heard.“They know a little detail. But, much better that they break it than News Limited. It won’t have a negative spin.”The Channel Ten barrister submitted that the Spotlight program had obtained the material although it’s not clear it was used in the broadcast.
The program included hundreds of hours of CCTV material, audio of police interviews never released during the trial.During that interview, Mr Lehrmann said: “Beware the man with nothing to lose.”The program ended with Mr Lehrmann predicting there was “more to come”.The judge in Bruce Lehrmann’s defamation trial insisted on reading the explosive affidavit sworn by ex-Spotlight producer Auerbach before agreeing to hold an interlocutory hearing on whether to re-open the case.
Auerbach can offer no evidence of what occurred when Ms Higgins and Mr Lehrmann went back to Parliament House. At its highest the fresh evidence goes to his credibility as a witness. Spotlight EP Mark Llewellyn and Taylor Auerbach on plane to Tasmania to meet with Bruce Lehrmann. Picture: Instagramto book two Thai masseuses in the company of Mr Lehrmann and another man in multiple transactions of $1000.
The judge may decide to disregard the affidavit and proceed straight to judgment, which is scheduled for 10.15am on Thursday. In July 2023, Ms Higgins described the ongoing publication of her private text messages provided to various parties as part of legal processes, including police, prosecutors and Bruce Lehrmann’s defence team during the trial, as “a form of public violation”.“Yes, it’s embarrassing. It is such an intimate form of public violation + humiliation.
Brittany Higgins and Bruce Lehrmann together at a bar, The Dock, in Canberra. Pictures: Spotlight/Channel 7
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