- December 10, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Unlocking Complex Legal Jargon
Heading: Confusion Surrounding Alleged Events and Legal Proceedings
In recent developments, there has been confusion surrounding the ongoing legal proceedings, with individuals seeking clarity on the reasons behind revisiting and presenting evidence related to alleged past events. This has sparked questions regarding the ability of a key figure, Higgins, to provide evidence in a civil trial, despite previously being deemed unfit to do so in a criminal trial due to the risk of mental health decline.
The perplexing nature of these circumstances has led to speculations about potential strategies being employed for an upcoming case in Queensland, raising concerns about the possible manipulation of the jury pool.
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****** just grabbed a
From what I can gather Ten and WilkinsonÔÇÖs lawyers are trying to prove that it happened so that itÔÇÖs not actually defamation
IÔÇÖm not a lawyer but yes, I also want to know why they couldnÔÇÖt run another criminal trial due to her mental health, yet sheÔÇÖs able to testify in civil trial
>How is it that Higgins couldnÔÇÖt give evidence in a criminal due to risk of mental health decline but can now give evidence in a civil trial?
The only people who can possibly know the answer to this are Ms Higgins herself, the medical professionals who have been dealing with her, and her lawyers.
I’m not sure anyone here can offer any useful opinion on this, other than “she and the people who care about her presumably think that’s less of a risk now”.
Lehrmann is suing channel 10 for defaming him.
Channel 10 is coming at him with a truth defence (i.e “we didn’t defame you by calling you a rapist because we can prove you are a rapist”). You can’t defame someone by saying something about them that is a fact. That’s why the evidence is coming back up again.
As for Higgins, testifying as a victim in a rape trial is hard enough without an entire side of politics digging with a bulldozer through every single aspect of your life looking for anything to discredit her. I can’t believe she made it as far as she did. DPP decided not to prosecute without her evidence. Maybe she’s just decided she’s ready to testify again.
It wasn’t her mental health that caused a mistrial, it was a jury member screwing up. Her mental health wasn’t up to scratch for a second trial which is why the DPP decided to drop it.
As to her giving evidence now, it may simply be that she is feeling much better and believes she can do it.
As an overview of the trial so far, She has admitted she got things wrong and lied about some of what she said at the trial and to police.
But to offset that, Lehrman, has been exposed as a serial liar who lied from the very start and kept lying all the way through. He had two or three different stories about why they went to the office, a couple stories over why he was fired. And he still doesn’t accept that the reason why he was fired was because of a serious security breach he did by leaving a top secret file alone on his desk which wasn’t allowed to be out of his possession.
So basically, she didn’t do so great on the stand but he did so much worse.
And since it is a civil trial, the bar is set much lower than a criminal trial. So while he isn’t going to be found to have raped her, he is doing his best to show that he has no reputation to defame.
This is a basic overview of what’s happening I’m sure others can expand on it.
On the topic of what’s going on:
Each side is trying to establish their case, basically one side is saying we could have defamed Bruce Lehrman because he did it. The other side is saying they defamed Bruce lehrmann because he didn’t do it.
I will anticipate a question of: if they can prove it hear why shouldn’t he be charged criminally again?
Because the bar to ‘prove’ something in a civil case is much lower then in a criminal case. A bad analogy would be they have to be pretty sure in civil cases, and “only someone who thinks the moon doesn’t exist would beleive this” in criminal cases.
On the topic of why she is here given no second criminal trial:
The department can choose the cases they want to take to court.
They decided that the benefit of running a case was outweighed by the damage it would do to BH’s mental health at the time.
Read between the lines basically “We are very worried another trial and having to face this again right now will break her, or lead her to self harm if to suicide.”
It has been some time since then, and shes had more time to process, prepare, seek mental health help, etc etc.
On top of that, this is a civil case brought by private parties, and she has been ordered to appear for testimony.
Going through a criminal trial as the victim and testifying I. A civil defamation case are different. Higgins also likely has received a lot of therapy and support. She may be better for it. The process of the criminal case and civil case are occuring in different jurisdictions under different prosecution and judges. The criminal case seemed to have some acts of misconduct. There are many things that have made the pursuit of the criminal charges more difficult for Higgins.
Why has no one ever focused on the guys shirt that night. LehrmanÔÇÖs shirt walking out Parliament House is tucked in EXACTLY how it was entering.
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