Judge Sets Aside Lehrmann Subpoena for Higgins Documentary but Filmmakers Seek Costs

Judge Deborah Richards of the Queensland District Court on Monday set aside a subpoena filed by Bruce Lehrmann seeking copies of the documentary Silenced, all unused footage, transcripts, and its distribution schedule. Richards ruled there was no legitimate forensic purpose for the subpoena.

She stated that the film does not mention Lehrmann’s upcoming trial or the allegations in that trial, and that Brittany Higgins is not a witness in the case.

Lehrmann, 30, is scheduled to stand trial on 2 November on two counts of rape alleged to have occurred at a house in Toowoomba in October 2021. He has indicated through his solicitor that he will plead not guilty. Stranger Than Fiction Films, the producer of Silenced, appeared in court in Toowoomba on 18 June to respond to the subpoena.

The company has sought costs from Lehrmann. Richards noted that the film covers Higgins’ personal experience and raises nothing new in terms of allegations already aired by her. She acknowledged significant publicity surrounding Lehrmann from a previous allegation of rape by a person other than the current complainant.

Lehrmann’s solicitor Zali Burrows told the court that the material was sought to consider an injunction application to prevent publication prior to or during the trial. Barrister Dauid Sibtain, representing the filmmakers, argued the subpoena was an abuse of process.

The documentary had already begun screening at the time of the hearing, and Lehrmann’s prior court cases had already been the subject of extensive media reporting.