Former Liberal staffer Bruce Lehrmann is fighting to quash a finding he likely raped colleague Brittany Higgins, which led him to become “probably Australia’s most hated man”.

The former federal political staffer is appealing his defamation loss against Network Ten and journalist Lisa Wilkinson over an interview with Higgins on The Project in 2021.

Justice Michael Lee found Higgins’ claims she had been raped in parliament house in 2019 were substantially true in a ruling against Lehrmann in April 2024.

But Lehrmann, 29, claims the judgment was rife with errors which will be ventilated during a three-day appeal hearing that began on Wednesday.

He arrived at the Sydney courthouse more than an hour before the hearing, wearing his trademark rectangular glasses and navy suit, carrying a brown briefcase.

His lawyer Zali Burrows told the panel of judges that Lee’s serious ruling meant Lehrmann probably became “the most damaged man in Australia”.

Media attention, aggravated by commentary from Channel Ten and Wilkinson, had led to a flood of hateful social media comments aimed at Lehrmann, she said.

“He’s pretty much become a national joke,” Burrows said.

“He’s probably Australia’s most hated man.”

The ex-Liberal staffer alleges he was denied procedural fairness because the events found by the judge were “starkly different” from the case run by Ten.

“The primary judge found that the rape occurred in a particular way that wasn’t put to Mr Lehrmann in evidence and he was taken by surprise as to the nature of the rape,” Burrows said.

Lehrmann was accused of committing a violent rape but Lee found it was a “non-violent” rape.

“I’m not sure that’s a concept I understand,” Justice Craig Colvin said when questioning whether that had been the finding.

Burrows noted the judge had not been satisfied about a number of the violent elements argued by Ten, including that Lehrmann had held open Higgins’ legs or pinned her to the sofa.

She said there had been “a really unfair denial of natural justice” because her client was not questioned on the details of rape found by the judge on the balance of probabilities.

But Justice Michael Wigney noted Lehrmann had denied the sexual intercourse took place, so quizzing him on additional factors would have been fruitless.

“This is not a different case. This is a case where much of what was identified was found,” he said.

The trial judge found Lehrmann had been so “hell-bent” on having sex with Higgins that he was reckless as to whether or not she was consenting.

But Lee’s definition of rape has been criticised by Lehrmann, who claims it is inconsistent with the meaning conveyed to an ordinary person.

Burrows asked the court to reassess the finding that Lehrmann would only be entitled to $20,000 in damages, if he was found to be defamed.

She said it was inadequate and a much higher figure was needed to address the reputational damage of the very serious imputations of what she has dubbed a false charge of rape.

Ten rejected suggestions any appeal loss should be met with a substantial award of damages.

Lehrmann raped Higgins when he knew she was seriously intoxicated, continued raping her when she became aware and left her in a state of undress, Network Ten’s lawyer told the appeals court on Wednesday.

“That is not a man with any reputation in respect of sexual morality that would warrant compensation,” Matt Collins KC said.

Collins argued the judge had found that “all rape is violent”.

He said Lehrmann had been faced with the facets of the case which Justice Lee was satisifed had occurred: that sex took place, Higgins did not consent and Lehrmann had been reckless as to her consent.

The elements fit a definition of rape that an ordinary person would understand, Collins said.

Lehrmann has argued the judge was not satisfied about a number of the violent elements argued by Ten, including that Lehrmann had held open Higgins’ legs or pinned her to the sofa.

“The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it,” Collins said.

The suggestion Lehrmann would have given different testimony if he was aware of the facts contemplated by the judge was “astonishing”, he said, given Lehrmann denied ever having sex with Higgins.

The ex-Liberal staffer had engaged in wicked conduct throughout the trial which amounted to “an exceptional abuse of process”, Collins charged.

“Mr Lehrmann instructed his senior counsel to cross-examine a sexual assault victim on the basis that no sexual intercourse occurred,” he said.

The appeal judges also heard the defamation judgment, which followed a mistrial on a sexual assault charge, meant Lehrmann probably became “the most damaged man in Australia”.

In his headline-grabbing decision, Lee quipped: “Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat.”

Lehrmann continues to deny he sexually assaulted Higgins and a criminal case in 2022 was abandoned without any findings against him.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

-AAP