Key facts
- Bruce Lehrmann's bid to obtain all footage from the documentary "Silenced" was rejected.
- The documentary features Brittany Higgins and discusses how defamation laws are used to silence survivors.
- Lehrmann's trial for rape is scheduled to begin on November 2.
- Judge Deborah Richards found no legitimate forensic purpose for the subpoena.
- The film's producers argued the request was an abuse of process and irrelevant to the trial.
Former political staffer Bruce Lehrmann has been unsuccessful in his attempt to obtain copies of all footage from the documentary "Silenced," which features Brittany Higgins. Lehrmann had sought the material, including unused "b-roll" footage, ahead of his upcoming rape trial in Queensland, potentially to seek an injunction to prevent its broadcast.
Judge Deborah Richards ruled on Monday to set aside Lehrmann's subpoena, stating that the requested material was not currently relevant to the trial and lacked a legitimate forensic purpose. Stranger Than Fiction Films, the company behind "Silenced," had argued that the subpoena constituted an abuse of process, as the documentary does not reference Lehrmann's trial and is already being screened.
Lehrmann's solicitor, Zali Burrows, had argued that the footage might be prejudicial to potential jurors, potentially reminding them of his prior court cases. However, the film's barrister, Dauid Sibtain, countered that Lehrmann's previous legal matters had already received extensive media coverage. Lehrmann is scheduled to stand trial from November 2, accused of raping a woman in regional Queensland in 2021. He has indicated he will contest the charges. Stranger Than Fiction Films has requested costs from Lehrmann.