Bruce Lehrmann has wrongly given evidence he stayed home with friends following the broadcast of allegations he raped Brittany Higgins, when he was instead out all night.
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On Tuesday, Mr Lehrmann return to the Federal Court witness box, where he has been dueling Network Ten barrister Matthew Collins KC in a tense cross-examination for several days.
Mr Lehrmann is suing Ten and high profile journalist Lisa Wilkinson over a 2021 The Project story airing Ms Higgins' allegation she was sexually assaulted at Parliament House two years earlier.
The television interview did not name the man but he claims being defamed because several details identified him and, in turn, "publicly maligned" him as "certainly the most prominent rapist".
The cross-examination picked up where it left off the previous afternoon, with Mr Lehrmann being quizzed about seeking cocaine on the night of February 15, 2021, after The Project had aired.
"I was in a very bad mental way," Mr Lehrmann, who could not recall if he had stayed up all night following the program, said.
"My headspace was really bad that night".
Another message to a number of friends, sent at 6.35am on February 16, 2021, said: "Have headed home gentlemen, stay safe."
"Does that refresh your memory that you'd stayed up all night ... and that you weren't at home, you were at some other place? " Dr Collins asked.
Mr Lehrman responded: "It appears that way, yes."
"Are you able to explain why your affidavit says that you'd only gone home to your residence with a couple of friends and then that night you hardly slept?" Dr Collins asked.
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Mr Lehrmann: "My recollection is I went home at some point. I clearly didn't recall either going out again or coming back home."
The court heard Mr Lehrmann had messaged "John's backup guy", being a drug dealer, at about midnight.
"Hey mate, you around tonight for one?" Mr Lehrmann texted.
The former Liberal staffer turned law student's barrister, Steven Whybrow SC, objected to the renewed drug-related line of questioning.
Dr Collins justified the cross-examination because Mr Lehrmann's evidence had been he had not slept and presented to a medical facility the following day with suicidal ideations.
"Part of the explanation for the condition he found himself in are the matters I'm now taking him to. He hadn't slept and been to bed until 6.30 in the morning and he had taken, apparently, cocaine," Dr Collins said.
The court heard earlier this year Mr Lehrmann had sent messages to friends on the night in question asking for "gear" and "bags", in order to "get lit".
Mr Lehrmann has always denied raping Ms Higgins in 2019 in the office of the then-defence industry minister, whom the pair worked for.
No findings have been made against him and his criminal trial was aborted last year due to juror misconduct.
The charge of sexual intercourse without consent levelled at Mr Lehrmann was later dropped over concerns for Ms Higgins' mental health.
He has already settled two other defamation disputes against News Corp and journalist Samantha Maiden, and the ABC.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
