A prediction has been made by a former NSW Supreme Court judge that Bruce Lehrmann is likely to appeal the findings related to the rape allegations made by Brittany Higgins in 2019. It was affirmed by Justice Michael Lee that Bruce Lehrmann and Brittany Higgins engaged in sexual activity in a ministerial suite at Parliament House, with Lee determining that Lehrmann did not care whether Higgins had given consent. Moreover, Justice Lee found that Lehrmann had told intentional lies in connection to the case.
Despite the allegations and findings, it was noted during the judgment that while rape was "more likely than not" to have occurred, it did not reach the criminal standard of proof necessary to establish guilt beyond a reasonable doubt. Lehrmann consistently denied the accusations, which led to a defamation action against Network Ten and journalist Lisa Wilkinson, ultimately resulting in their successful defense against Lehrmann's claims. Following the court's decision, former NSW Supreme Court judge Anthony Whealy KC expressed his expectation of Lehrmann filing an appeal, given the complexity and implications of the case, combined with the significant legal costs involved.
Whealy indicated that there are several potential grounds for a strong appeal against Justice Lee's conclusions. One key point of contention lies in Lee's characterization of the incident as an instance of inadvertent recklessness, despite doubts about the credibility of the complainant. Further discussions arose concerning the possibility of initiating a second criminal trial following Monday's ruling; however, legal experts suggested that this avenue is improbable due to previous proceedings being abandoned. Additionally, the cost implications and legal fees arising from the case are anticipated to be substantial, with parties preparing to address these matters in upcoming submissions.