A former television producer has alleged Seven Network reimbursed Bruce Lehrmann for the cost of illicit drugs and sex workers during attempts to court him into an exclusive media agreement.
The explosive allegations from ex-Spotlight producer Taylor Auerbach are set to be heard in the Federal Court on Thursday.
Mr Auerbach's affidavits, detailing the allegations, were published to the court website on Wednesday morning. His claims remain untested under cross-examination.
In them, he claims Seven paid tens of thousands of dollars to woo Lehrmann into the two exclusive interviews he gave the Spotlight program in 2023.
"I have also located a number of photographs or text messages relating to receipts of purchases incurred by me, and/or Seven directly, for the benefit of [Mr Lehrmann]," Mr Auerbach wrote.
He claims those expenses included approximately $10,315 for Sensai Thai Massage, a $401.83 round of golf in Tasmania and Sydney dinners costing hundreds of dollars.
The former producer has also provided receipts for more than $10,000 worth of accommodation in Sydney he says was booked for Mr Lehrmann.
Mr Auerbach reportedly claims Mr Lehrmann was reimbursed through "per diems" for "illicit drugs and prostitutes" in January 2023 but that he no longer has a copy of the relevant invoices.
The new evidence is set to be heard after Justice Michael Lee allowed Network Ten to reopen its defence case in the defamation proceedings brought forward by Mr Lehrmann.
The former Liberal staffer is suing the television network and journalist Lisa Wilkinson over a 2021 The Project interview airing Brittany Higgins' allegation she was raped inside Parliament House.
Justice Lee has delayed delivering his long-awaited judgment, initially slated for Thursday morning.
'Clearly fresh evidence'
On Tuesday, the court heard Mr Auerbach's evidence would include claims Mr Lehrmann breached an implied court undertaking in his dealings with Seven ahead of his television interviews.
Mr Lehrmann had previously denied giving Seven thousands of pages of text messages between Ms Higgins and a former partner, and a five-hour pre-production interview including her and Ms Wilkinson.
"No, I just gave the interview," he responded during last year's defamation trial when asked if he had given Seven any documents as part of the exclusive deal.
In another of Mr Auerbach's affidavits, he claims Mr Lehrmann made copies of documents from the criminal trial at Seven's offices in Sydney in March of last year.
"I observed that the applicant had in his possession a large lever arch hard back folder containing what I saw to be around 500 pages of documents printed on both sides," Mr Auerbach wrote.
"I viewed some of the documents that were being copied and could see that they were exhibits from [Mr Lehrmann's] criminal proceedings."
He says the former Liberal staffer also handed over a police statement of facts.
The material in question was provided to Mr Lehrmann and his legal team in an electronic brief of evidence but much of it was not tendered during his aborted criminal trial and it was expected not to be shared beyond legal proceedings.
"This is clearly fresh evidence," Justice Lee said after considering arguments about whether he should hear Mr Auerbach's claims.
Matthew Collins KC, representing Ten, said the alleged conduct, if accepted, would amount to an "outrageous contempt of court".
Dr Collins successfully argued the evidence was important as it was relevant to Mr Lehrmann's credit and to the question of abuse of process.
Seven has previously refused to reveal how it obtained the evidence.
Last year, it was revealed the television network paid more than $100,000 worth of Mr Lehrmann's rent as compensation for the Spotlight interviews.
The former Spotlight producer
Mr Auerbach has made headlines in recent weeks after he was revealed to be the man who used a Seven Network credit card to book masseuses for he, and allegedly Mr Lehrmann, in late 2022 without company approval.
The procured massages are said to have totalled nearly $3000.
The former Seven producer was reportedly part of the team working on inking the media exclusivity agreement with the former Liberal staffer.
MORE DEFAMATION TRIAL COVERAGE:
In a statement, Mr Lehrmann denied ever getting the expensive massage and described the allegation as an "untrue and bizarre" story from a "disgruntled" ex-producer.
Mr Auerbach then served Mr Lehrmann with a concerns notice, threatening to sue him for defamation.
The defamation trial
The civil case brought forward by Mr Lehrmann was heard in November and December of last year during a month-long trial.
While the television interview he is suing over did not name him, he claims being identified and defamed.
In their defence, Ten and Wilkinson have been aiming to prove the rape allegation made by Ms Higgins against her former Liberal staffer colleague is substantially true.
The network and the high-profile journalist have also argued they reported the allegation reasonably, professionally, and did so in the public interest.
Mr Lehrmann has always denied raping Ms Higgins in the ministerial office of Senator Linda Reynolds in the early hours of March 23, 2019.
His criminal trial was aborted due to juror misconduct and the charge of sexual intercourse without consent levelled at him later dropped over concerns for Ms Higgins' mental health.
No findings have been made against him.
- 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.
