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This is a finding made to the civil standard, rather than the higher criminal standard of beyond reasonable doubt. A criminal trial against Lehrmann was aborted in 2022 due to juror misconduct and he did not face a second trial owing to concerns over Higgins’ mental health. He has always maintained his innocence.
Abraham asked the parties to hold the dates of August 19-22 for an appeal hearing.
The judge had previously suggested the appeal might be heard in March.
Wilkinson’s barrister, Sue Chrysanthou, SC, said a hearing in August represented a “significant delay, in circumstances where the appeal was filed over five months ago … just to accommodate some unnamed counsel”.
“There’s many fish in the sea, as Your Honour is aware, when it comes to counsel,” Chrysanthou said.
“In circumstances where there’s no investment in that person, or no suggestion that there’s been an investment in that person, accommodating a delay of so many months seems to us to be excessive.”
But Abraham pointed out that an unsuccessful application by Ten, supported by Wilkinson, for Lehrmann to pay $200,000 in security to proceed with his appeal had taken “some time”.
“Surely you’re not suggesting it be listed [for a hearing] … with no representation [for Lehrmann]?” Abraham asked.
“Of course not, Your Honour, but we’ve been given very little information,” Chrysanthou said.
Abraham set out a timetable for written submissions to be filed ahead of the likely appeal hearing in late August.
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