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Lehrmann’s bid to throw out rape case

Lehrmann’s bid to throw out rape case

Released Monday, 17th June 2024
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Lehrmann’s bid to throw out rape case

Lehrmann’s bid to throw out rape case

Lehrmann’s bid to throw out rape case

Lehrmann’s bid to throw out rape case

Monday, 17th June 2024
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Episode Transcript

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0:06

You can listen to The Front on your

0:08

smart speaker every morning. To

0:10

hear the latest episode, just say, play

0:12

the news from the Australian. From

0:22

The Australian, here's What's on the Front. I'm Claire

0:24

Harvey. It's Tuesday, June 18. The

0:32

family of murder victim Lynette Sims

0:34

have launched an impassioned defence of

0:36

Lynne's law, a nobody-no-parole law designed

0:38

to keep her killer, Chris Dawson,

0:40

behind bars unless he reveals what

0:42

he did with Lynne's remains. A

0:45

campaign supported by wrongly convicted women Kathleen

0:47

Follbeek and Lindy Chamberlain is demanding a

0:49

repeal of the New South Wales law.

0:52

But Greg and Marilyn Sims say

0:54

the families of homicide victims deserve

0:56

certainty. The

1:00

coalition would scrap offshore wind projects

1:02

in Australia. Nationals leader David Littleproud

1:04

says renewables must be on rooftops

1:07

where the environment can't be destroyed.

1:09

It comes after Labor declared an offshore

1:12

wind zone 20 kilometres off the Illawarra

1:14

coast in New South Wales. Chinese

1:18

officials have attempted to block an

1:20

Australian journalist at a press conference

1:23

in Parliament House with visiting Chinese

1:25

Premier Li Cheng and Anthony Albanese.

1:27

Extraordinary scenes unfolded as Australian officials

1:30

physically blocked the Chinese personnel from

1:32

obstructing Cheng, who spent nearly three

1:34

years in a Chinese jail and

1:37

now works at Sky News Australia.

1:40

Anthony Albanese said he didn't see what was

1:42

going on. I'm not

1:44

aware of those issues. It's important

1:46

that people be allowed to participate

1:49

fully and that's what

1:51

should happen in this building or anywhere

1:53

else in Australia. The visit

1:55

is a big deal for Australia with Premier

1:57

Li saying the relationship is on the right

2:00

track. announcing Australian nationals will be

2:02

allowed to enter China for holidays

2:04

or work without needing a visa.

2:07

That story is live now at

2:09

theaustralian.com.au Bruce

2:13

Lerman will fight to have sexual

2:16

assault charges against him thrown out

2:18

of court. Media organisations were booted

2:20

out of court in Toowoomba on

2:22

Monday when a complainant alleged Lerman

2:24

sexually assaulted her in 2021. Today,

2:27

why Lerman is arguing there's no

2:29

case to it. I'm

2:38

buzzing this morning. I've been up since the crack of

2:40

dawn. Those were

2:43

the words spoken by Bruce Lerman as he

2:45

made his way into the Toowoomba Magistrates Court

2:47

on Monday morning. They're being read by a

2:49

voice actor. Bruce,

2:54

what happened that night? The

2:56

former Liberal staffer was surrounded by a

2:58

media scrum that had descended on the

3:01

Queensland city. Do

3:04

you defend the targets? Where's

3:06

Peter Costello when you need him? Lerman

3:10

was referring there to a physical altercation

3:12

between the former nine chairman and a

3:14

reporter from the Australian at Canberra Airport.

3:17

Liam Mendes was knocked to the ground

3:20

while trying to question Costello about allegations

3:22

of bullying and harassment at the TV

3:24

network. 29-year-old

3:26

Lerman is charged with two counts of

3:28

rape relating to an incident that's alleged

3:30

to have happened in his hometown Toowoomba

3:33

in October 2021. He's yet to formally enter a

3:35

plea, but

3:37

will defend the charges. It

3:44

was Lerman's first appearance in these proceedings.

3:46

He came with a silk, Andrew Haw

3:49

Casey, who's gone in with an aggressive

3:51

approach. He'll be arguing the whole matter

3:53

should be thrown out after what unfolded

3:56

on Monday. Laws in

3:58

place in Queensland prior to October. The great

4:00

many people accused of sexual assault couldn't

4:02

be named until a matter with committed

4:04

to trial. Can middle is a process

4:07

in a lower court with the evidence

4:09

is tested. If the magistrate blaze the

4:11

case should proceed, it goes to a

4:13

higher court where it's heard before judge

4:15

and jury. Layman's

4:18

Louis for his identification for weeks after

4:20

the law was scrapped bought the Queensland

4:22

Supreme court allowed him to be named

4:24

a high profile person charged with true

4:27

pounds of rice in the rain snow

4:29

queen sun city of to One Bath

4:31

can finally be named as former Liberal

4:34

party saw thought a smarmy. It's

4:38

one the court isn't typically nine said

4:40

A so it's a high profile cases.

4:43

Because. He scored is a reporter with the

4:45

Australian soon into one that said a hearing.

4:48

So the public gallery

4:50

only had sixteen seats

4:52

and. Sell for

4:55

almost immediately. so we had.

4:57

Paypal. Fitting five to a role for.

4:59

we had people standing in the middle of

5:02

the call or at the back. We had

5:04

people sitting on the floor. It was quite

5:06

a sight to say. I don't think they

5:08

score of the really set up for these

5:11

types of The Tories cases. News.

5:13

Organizations including News Corp Australia which

5:15

publishes the Australian Nine and the

5:17

Id say apply to be prison.

5:20

While the complainant a twenty eight

5:22

year old woman gave evidence, she

5:24

was cross examined by Council Philemon

5:26

giving evidence over about an hour.

5:29

Of. Our sister, the news outlets decider

5:31

Goldie, argued it was important for journalists

5:33

to see the complainants evidence so it

5:35

could be accurately reported. It's

5:38

an important, fundamental proposition to our

5:40

legal system. This. Matter is a

5:42

unique case which has attracted a high

5:45

degree of national interest in media coverage.

5:47

There. Is therefore a high public interest

5:49

in the matter. But.

5:52

Layman's does influence Andrew Hore

5:54

and Crown Prosecutor Nicole Freedom

5:56

Old both opposed the application.

5:59

Both. Said they. The concerned the details of

6:01

the complainants evidence in chief and cross

6:03

examination would make it easy for her

6:05

to be identified. So.

6:08

Obviously in a sort of not

6:10

as. The. Law does protects

6:12

and planet coming forward. Sorry

6:14

to. Encourage. Others

6:16

to come forward in they

6:18

sort of cases how legal

6:20

fees and hasten did put

6:22

forward alternative say we could

6:25

bayonet. Sepracor. When as

6:27

she gave her evidence via

6:29

videolink all are we to

6:31

be obscured from view. spots.

6:33

Bars The. Proud. And

6:35

the defense were concerned about privacy

6:38

and the fact that she may

6:40

be identified via the evidence that

6:42

she. Was providing. Magistrate.

6:44

Mark how to and ultimately. Blocked the application

6:47

mating members of the media including Mackenzie

6:49

we sent out of the court room

6:51

while the complainant gave her evidence. So.

6:54

It was frustrating for journalists not to

6:57

be in the room as the complain

6:59

and gave her evidence. But.

7:02

I think it was largely expected.

7:04

Please Imports have lack of transparency

7:06

in the past and this not

7:08

all guys I pass of the

7:10

course of what to expect than

7:12

covering these sorts of cases in

7:14

Queensland. Magistrate. Hadn't acknowledge the

7:17

high degree of public interest in his

7:19

case and accepted the principle of open

7:21

justice. But. He said it doesn't have

7:23

a rule the complainants right to privacy in

7:25

a proceeding like be. Able

7:29

very quick or in nearby to

7:31

and added that I to ten

7:33

pm. basically wants to go back

7:35

in the burbs. Mr. London's barista

7:37

Andrew whole case a told the

7:39

court that they will be making

7:41

your submission to basically say there

7:43

is no case to move forward

7:45

to trial. Mr. Clements defense did

7:47

say that the twelve paid some

7:49

he said would have some density.

7:51

And. It would highlight the insufficient evidence

7:53

within Queensland Police. As case. Behind.

7:58

Closed doors. The complainant later. Her

8:00

allegations. Against Free Slim and

8:02

charges. Will so slide in January. Twenty

8:05

twenty. Three. According

8:07

to police. Documents the complainant heard about

8:09

allegations against for Islam. And bite Recently

8:11

he does that prompted the to Wonder

8:13

Woman. To identify limb and is the man

8:16

she had a sexual encounter with. In.

8:18

October. Twenty Twenty one. The

8:20

matter heard on Monday into one, but

8:23

is unrelated to the earlier allegation and

8:25

to proceedings that have unfolded in these

8:27

scenes. In. De Smet the

8:29

complainant says she met lamb and at

8:31

a strip club in Twenty Twenty One.

8:33

We introduced himself as Bryce. To.

8:36

Will not Islam and home town

8:38

and it's believe he was staying

8:41

with his mother when this incident

8:43

is alleged to have occurred. He

8:45

was on bail at the time,

8:47

having just repeating court over an

8:49

allegation made by Britney Higgins that

8:51

he raped her in Parliament House

8:53

in early twenty nineteen. That trial

8:55

with sensationally aborted in light. Twenty

8:57

Twenty Two. That aiming

8:59

in an extraordinary turn of events.

9:01

the right price of former Liberal

9:04

staff. A Bruise Luhrmann there's been

9:06

aborted after a jurors misconduct was

9:08

discovered by a court sheriff. That's

9:10

when Bruce lame and sued Nitwit Ten

9:13

and Wilkinson said decimation. Delegation.

9:15

Made by person he he gets was sound

9:17

on the balance of. Probabilities to be

9:19

true by Justice Michael Lay in

9:22

the Federal Court Defamation proceedings brought.

9:24

By limb and against nitwit ten and

9:26

present at least a wilkinson. With

9:29

implanted into to One that Matters says she had

9:31

consensual sex with land and on the not they're

9:33

nice. And twice the next

9:35

morning thought that he failed to

9:38

use a condom, despite her expectation

9:40

that he do so. She.

9:42

Says she never consented. To

9:44

unprotected intercourse and is her allegation

9:46

is proven it's technically conceded to

9:49

under Queensland law Colloquial He it's

9:51

called still Thing and it was

9:54

formerly criminalize in Queensland in March

9:56

as taught a sweeping reforms to

9:58

the way L. of sexual

10:00

assault and coercive control are treated

10:03

by the justice system. Coming

10:09

up, Bruce Lamens bid to get the whole

10:12

matter thrown out. We'll be back after this

10:14

break. We're

10:30

waking up to a dead woman, a dead

10:32

mother. Sister, auntie, green mother, it's

10:34

not good enough. One

10:48

was shot in the mouth, but I thought he was

10:50

dead. Another one better shot the shotgun and I got

10:52

the overspray. Did

11:01

you know that there's more than 2000 stocks listed

11:03

on the Australian stock exchange? Most

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of which you've never heard of. Most of which are

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in mind searching for the battery metals to power us

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into the future. Medical

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companies researching the next big breakthrough to make

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entrepreneurs seeking the next big

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tech unicorn. Well, if

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you want to know about them, search Stockhead.

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Stockhead is focused on the small.

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You never know. You could find

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the next big thing. stockhead.com.au So

11:43

there's still lots of unanswered questions, aren't there Mackenzie?

11:45

You haven't been allowed to see the police brief

11:47

of evidence. You haven't

11:49

been allowed to hear the complainant's claims about

11:51

what happened that night. So

11:53

what do we know about what the magistrate's going to

11:55

do in terms of committing this to trial or not?

11:59

The matter has been adjourned. until July

12:01

4. At that time we

12:03

will reconvene and

12:05

the submission put forward by the

12:07

defence will be considered by the

12:10

magistrate. The Crown will have

12:12

to provide its response in writing by July

12:14

3. So we should at

12:16

that point know whether or not this

12:18

matter will proceed to a jury trial.

12:21

Bruce Lemon appears to

12:23

have depleted his funds in the other

12:26

legal actions that he's had on foot.

12:28

He's now representing himself in the appeal

12:30

in the Federal Court. He's

12:32

got a KC in this case which

12:34

if he's paying those bills will already

12:37

be running well into the multiple tens

12:39

of thousands of dollars. How

12:41

did he seem on his way out of court? Those

12:43

questions were put to him as he was

12:45

leaving by waiting journalists but there was no

12:48

response from Mr Lemon at all. He just

12:51

walked straight to his lawyer's car and

12:53

then as they were driving off they

12:56

beeped the horn and waved at journalists as they

12:58

walked past. It's quite an unusual

13:00

scene isn't it? Probably not what you were expecting when

13:02

you went to cover a sexual assault matter this morning.

13:05

It was a bit surprising but we

13:08

know that this case was meant to

13:10

be three hours and now we're going into

13:12

two days. We keep getting Kerbal's thrown at

13:14

us so let's just see what happens when

13:16

we come back next month. Mr

13:18

Lemon won't have to be in the

13:20

courtroom next time. He has

13:23

been given permission to appear via video

13:25

link or via telephone so I don't

13:27

expect we'll have this same sort of

13:30

media circus again next time. Mackenzie

13:33

Scott is a journalist with the Australian. The

13:39

Reserve Bank board meets on Tuesday morning and

13:41

is expected to hold the cash rate at 4.35%

13:46

per second. You

13:48

can follow the decision live at the

13:50

Australian Cocaine

14:07

is a global industry where the profits

14:09

are counted up in millions and

14:12

the losses measured out in

14:14

murders because it's only

14:16

business and right

14:18

now business is good. And

14:21

I'm like, what's your cell? What are you talking about? I

14:24

don't think we can arrest our way out of it.

14:27

Listen to Cocaine Inc. wherever you

14:30

get your podcasts or visit

14:32

cocaineinc.com.au I

14:38

used to be a homicide detective. It was my job

14:40

to lock people up and put them in here. You

14:42

get to hit a locker animal, you're going to act

14:44

like one. I didn't really care what happened to them.

14:46

Whatever they got inside, I reckon they deserved. You walk

14:49

out of the cell, you might not be walking back

14:51

in that night. Now I'm going back into a maximum

14:53

security prison to find out what

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