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Good things rarely happen after midnight (and other pieces of wisdom from a sad and sorry spectacle)

What began as a group of young politicos enjoying a boozy night out has morphed into the dominant story in Australian politics – and in many ways a lesson for us all, writes Madonna King

Nov 30, 2023, updated Nov 30, 2023
Bruce Lehrmann is seen during a break at the Federal Court of Australia in Sydney, Monday, November 27, 2023. (AAP Image/Bianca De Marchi)

Bruce Lehrmann is seen during a break at the Federal Court of Australia in Sydney, Monday, November 27, 2023. (AAP Image/Bianca De Marchi)

Rarely do good things happen after midnight. That’s the advice a social media expert provides teens; an encouragement to store smart devices away well before the clock strikes 12.

But that advice might be just as poignant for the rest of us, if we are to consider the lessons that are streaming out of the current defamation case Bruce Lehrmann has brought against Network Ten.

Irrespective of who is declared the legal winner, it’s hard to see anyone walking out of this ongoing fracas without being drenched in hurt and hardship.

But there are also lessons here that, as parents and policy makers and parliamentarians, we need to address. Here’s a few.

Who would accuse someone of sexual assault after hearing how Brittany Higgins’ young adult life has been dragged through the mud? We’ve heard how she drank 11 vodka-based drinks before the alleged rape and how she can’t remember chunks of the evening.

Given the pressure she has felt since accusing Lehrmann of rape in Parliament House in the early hours of Saturday March 23, 2019, no wonder so many young women – when asked – now say they would not want police involved.

If you don’t believe me, ask one. And that should scare us all. We need to find a better way to ensure young women who allege rape continue to be heard.

Likewise, anyone accused – in this case Lehrmann – who then has the charges dropped is entitled to get on with their life, without being the topic of judgement at every dinner party.

What is the impact of those who face charges, and are then not convicted? Perhaps it’s only a handful of people – but if it was your son or your grandson wouldn’t you argue for a better resolution?

What justification could there possibly be to have senior policy advisors at the age of 23? And in the defence portfolio? This is seriously flawed. Presumably, that meant Lehrmann – who walked into Parliament with a job soon after he was eligible to vote – was involved in all sorts of confidential discussions. Is this good policy? Good politics? Good anything?

And what about Channel 7 paying for Lehrmann’s rent for a year. On what grounds, other than receiving an exclusive story? That kind of lack of transparency – note it was rent, not a cash payment – hurts all journalists and certainly colours public debate.

And while we are talking Seven, who appointed billionaire businessman Kerry Stokes as the Patron Saint of the Accused – Lehrmann, Ben Roberts-Smith and former editor in chief of The Australian Chris Dore? Sir, might there be better ways to spend your money?

Higgins’ secret compensation claim payout should also be revealed. She has said it was less than $3 million. But how much did taxpayers fork out? We have a right to know. And why doesn’t that arrangement extend to others, in similar situations, outside a Minister’s office

Social media is often our friend in the moment, but texts and videos and conversations can be thrown back at us, years later. Lehrmann’s unfortunate video boast this week is a case in point. We should remember when penning and distributing social media missives that they might end up in others’ hands – a court of law or on the front page of a media outlet – years later.

Indeed, perhaps an associated lesson is the need to know who we can trust. The video of Lehrmann ‘taking on the law’ and winning, in context, is probably even understandable. But its publication this week pointed to someone in his inner circle giving it to someone who might have given it to someone. And eventually someone gave it to the media.

Workplace culture inquiries have flowed from Higgins’ original accusations. But is parliament any different? What about our other workplaces? What are the safeguards around drunken nights spilling back into offices where nothing good is bound to happen?

So yes, someone will be declared the court winner, but no-one here really wins. Not Lehrmann. Not Higgins. Not journalist Lisa Wilkinson or Ten or Seven or Kerry Stokes. Perhaps the lawyers are the exception…

But we should be horrified at the allegations, the culture, and how parliamentary offices have been allowed to run. And we need to take a good hard look at our legal system and how sexual assault cases are investigated, tried and judged.

Because this case, from start to finish, has been a masterclass in how it needs an overhaul.

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