Bruce Lehrmann has described feeling "outraged" on the "traumatic day" journalists revealed the rape claims made by former colleague Brittany Higgins, saying he wanted to "fight back against the media".
He described those thoughts in the Federal Court on Thursday, when he was also grilled about a "fabricated" account of his dealings with a lawyer and texts concerning a potential multimillion-dollar windfall.
Those matters were raised with the former Liberal Party staffer when he gave evidence for the first time as part of twin defamation cases against the media companies and journalists behind the initial stories.
Mr Lehrmann is suing Network Ten and presenter Lisa Wilkinson over a February 2021 interview, in which Ms Higgins told The Project an unnamed colleague had raped her at Parliament House.
He is also taking action against news.com.au political editor Samantha Maiden and the website's publisher, News Life Media, over an online article published hours before the television interview.
Having initiated defamation proceedings last month, well outside the statutory one-year window to make such claims, Mr Lehrmann is applying for an extension of time in which to seek damages.
He recalled the day on which Ms Higgins' allegations were made public, telling the court his then-employers at British American Tobacco suspended him after the news.com.au article went online.
Mr Lehrmann indicated he subsequently sought legal advice from Sydney solicitor Warwick Korn, staying at the lawyer's office for more than six hours and watching The Project with him that night.
He sent "many hundreds" of text messages during the day, the court heard, including one text in which he suggested Mr Korn had advised him he would be "up for a lot of money" if The Project named him as the alleged rapist.
In further messages, detailed by Ms Wilkinson's barrister, Sue Chrysanthou SC, Mr Lehrmann wrote that he would be "up for millions as defamation" if he was identified.
He also expressed confidence he would not face charges because the allegation was "false" and "they have nothing".
Mr Lehrmann ultimately did face a criminal trial, which was aborted last year because of juror misconduct.
His barrister, Steven Whybrow SC, argues the "overlapping" criminal case, advice given by Mr Korn and mental health considerations made it unreasonable for Mr Lehrmann to start defamation action sooner.
When Mr Whybrow asked Mr Lehrmann about those factors on Thursday, the 27-year-old said Mr Korn had advised him defamation action would have to wait until the conclusion of any criminal case.
Mr Lehrmann also discussed his mental state, revealing he spent nearly two weeks receiving treatment in a Sydney hospital and "another health facility" in the aftermath of Ms Higgins speaking to the media.
He said he had subsequently moved to his mother's home in Toowoomba to escape the attention of reporters, who were "staking out" his place in Sydney.
As Ms Higgins' allegations dominated headlines in the months that followed, he felt "a mixture of being upset, angry".
"I wanted to fight back against the media," he told the court, adding that, while he was not named in the stories he alleges defamed him, "it was apparent on social media that people knew it was me".
Under cross-examination by Ten's barrister, Matthew Collins KC, Mr Lehrmann was challenged about certain text messages sent around the time of the initial coverage.
In one, Mr Lehrmann informed his then-girlfriend that Mr Korn had described the allegation as "outrageous" and expressed the view it would never "see the light of a courtroom".
But Mr Lehrmann told the court he in fact never had this conversation with Mr Korn, describing it as something he "fabricated" in order to placate his "distraught" girlfriend.
"Rome was burning and I was trying to put on a brave face," Mr Lehrmann said.
Dr Collins also revealed Mr Lehrmann had created a folder titled "Higgins matter" on his phone, where he saved material that included photographs of handwritten notes.
The notes included the details of a public relations adviser and a list of "friendly media" Mr Lehrmann had contemplated speaking to in the weeks after Ms Higgins went public with her side of the story.
Under cross-examination by Ms Chrysanthou, Mr Lehrmann acknowledged his notes had included the names of actors and high-profile defamation plaintiffs Geoffrey Rush and John Jarratt.
But he rejected the proposition he had been in a position to sue in 2021, citing Mr Korn's advice and financial constraints.
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"I wanted to but I didn't," he said of launching defamation action within 12 months.
Questioned by Renee Enbom KC, a barrister for News Life Media and Ms Maiden, Mr Lehrmann acknowledged he had described the news.com.au story as "slanderous" on the day it was published.
The court heard he had used that word in a text conversation with a close friend dubbed "media John", who had inquired about whether Mr Lehrmann knew who "the Canberra rape guy" might be.
The primary position of all four respondents is that Mr Lehrmann should not be given an extension of time because his reasons for not filing his claims within a year of the allegedly defamatory publications are insufficient to warrant one.
Should Justice Michael Lee grant Mr Lehrmann an extension of time, they have all indicated they will defend the lawsuits at trial by arguing, among other things, that Ms Higgins' rape allegations were true.
A preliminary hearing to decide the extension of time application continues next week.
Blake Foden
As a journalist, I've covered everything from a royal tour and a terror attack to international sport. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. These days, I cover the ACT and Queanbeyan courts.
As a journalist, I've covered everything from a royal tour and a terror attack to international sport. After stints in New Zealand, the UK and the Canary Islands, I returned to Australia in 2018. These days, I cover the ACT and Queanbeyan courts.
