Bruce Lehrmann has failed in a legal attempt to obtain copies of all footage from the documentary Silenced, which features Brittany Higgins alongside actress Amber Heard and lawyer Jennifer Robinson. The subpoena was set aside by Judge Deborah Richards in the Queensland District Court in Toowoomba on Monday, who ruled that the material was not relevant to Lehrmann's upcoming rape trial.
"There is no legitimate forensic purpose in this subpoena," Richards said. The ruling comes ahead of Lehrmann's trial scheduled for 2 November, where he faces two counts of rape allegedly committed at a house in regional Queensland in 2021. Lehrmann, 30, has not yet entered a plea but has indicated through his solicitor that he will contest the charges.
Subpoena details and arguments
Lehrmann's solicitor, Zali Burrows, had subpoenaed Stranger Than Fiction Films, the production company behind Silenced, for a copy of the documentary, all unused footage, and its distribution schedule. Burrows argued that Lehrmann needed to review the material to determine if an injunction should be sought to prevent its broadcast before or during the trial. "Mr Lehrmann has the opportunity to see if any of that material should be subject for an application injunction that it not be published prior to or during the trial," Burrows said.
Stranger Than Fiction Films appeared in court on 18 June to oppose the subpoena. The company's barrister, Dauid Sibtain, described the subpoena as an "abuse of process," noting that Silenced does not reference Lehrmann's upcoming trial. "We say it was an abuse of process. It lacks a legitimate forensic purpose," Sibtain said.
Documentary content and potential prejudice
Silenced is described by Stranger Than Fiction Films as a post-#MeToo documentary that "reveals how defamation laws are weaponised to silence survivors." The Sydney Film Festival has stated that the film's "behind-the-headlines interviews reveal how the legal system is being used to victimise, discredit and ruin survivors." Higgins is listed as a major interview subject alongside human rights lawyer Jennifer Robinson and actor Amber Heard.
Burrows had argued that the film could be prejudicial to potential jurors, as it might remind them of Lehrmann's 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," she said. However, Sibtain countered that the film was already screening and that Lehrmann's previous legal matters had been extensively covered by the media.
Costs and next steps
Stranger Than Fiction Films has sought costs from Lehrmann in relation to the subpoena. The documentary is set to be released, and the court's decision clears the way for its broadcast without immediate legal impediment from Lehrmann. Higgins has been involved in other legal actions involving Lehrmann previously.
Lehrmann's trial is expected to proceed in November, and he has yet to enter a formal plea. The case continues to attract significant media attention due to its high-profile nature and the involvement of figures like Higgins, Heard, and Robinson.
