‘Damage’: Judge’s scathing find on Seven producer

The Federal Court judge overseeing the Bruce Lehrmann trial has described ex-Seven producer and surprise witness Taylor Auerbach as someone who wanted to do as “much damage to his previous employer” as possible – but said that doesn’t mean he wasn’t telling the truth.

Former Spotlight producer Taylor Auerbach this week became a surprise key witness in Mr Lehrmann’s defamation battle with Network 10 and journalist Lisa Wilkinson.

Mr Lehrmann sued over Ms Wilkinson’s bombshell interview with Brittany Higgins in which she alleged she was raped in Parliament House.

Network 10 was last week granted leave to reopen its case to hear fresh evidence from Mr Auerbach, who was involved in securing Mr Lehrmann for two interviews with Seven’s Spotlight.

JUDGMENT DAY

After two days of further evidence and submissions about Mr Auerbach, the trial finally came to an end on Friday afternoon.

Justice Michael Lee said he hoped to indicate next week when he’ll be able to hand down his judgment.

“I’ll let you know as quickly as I can early next week as to when I consider I’m going to be in a position to be able to give judgment,” Justice Lee said.

“After having gone through a not insignificant amount of material.”

“ABSOLUTE PRIVILEGE”

Justice Michael Lee is hearing closing submissions from all parties after a day’s worth of evidence from Mr Auerbach, who made a series of damaging allegations against Mr Lehrmann, as well as his former bosses.

“This is a man who desperately wanted to do as much damage to his previous employer as he could conceivably do,” Justice Lee said of Mr Auerbach.

“That doesn’t mean he’s not a truth teller, but don’t put him up as some sort of noble public interested person who was coming along to get something off his chest because he thought he’d assist his majesty’s justices.

“He’s a man who wanted to make a range of allegations against people under absolute privilege.”

A STRETCH

Mr Lehrmann’s barrister has sought to cast doubt on Mr Auerbach’s claims that the former Liberal staffer issued an invoice to Seven for $750 in an effort to be reimbursed for money spent on prostitutes and illicit drugs.

Barrister Matthew Richardson said it was implausible that $750 would cover the costs of two nights of drugs and prostitutes.

“It says something to this reopening that the apex of the re-examination directed to resuscitating Mr Auerbach’s credit was evidence that … that the two nights of prostitutes and illicit drugs were covered by a $750 entry for pre production expenses,” Mr Richardson said.

“That was two nights with him and Mr Auerbach with the drugs and the prostitutes.

“Even the least worldly person in this room, which regrettably is probably me, knows your honour that that is a stretch.”

Mr Richardson told the court that Mr Auerbach was “full of loathing” for his former colleagues and employer at Spotlight.

THE HARMAN UNDERTAKING

Network 10’s barrister Dr Matt Collins has told the court that Bruce Lehrmann breached legal principles by providing Seven with documents from his ACT Supreme Court trial.

Mr Auerbach, in an affidavit tendered to the court, said Mr Lehrmann provided him with the AFP “statement of facts” from Mr Lehrmann’s criminal trial.

NIL DAMAGES

Lisa Wilkinson’s barrister, Barry Dean, accused Mr Lehrmann of having engaged in “disreputable conduct” by lying to the court about providing documents to Channel 7.

He argued that should Mr Lehrmann win the case, he should be awarded nil or nominal damages.

“You would get nil or negligible damages,” Mr Dean said.

Mr Auerbach had claimed that he received the Cellebrite extraction report of texts between Ms Higgins and her former boyfriend, Ben Dillaway, during a golf trip in Tasmania.

The former Seven producer said he was also provided with photographs of messages between Ms Higgins and Peter FitzSimons on a laptop, in which he said Spotlight executive producer Mark Llewellyn’s reflection could be seen.

Dr Collins told the court that Mr Lehrmann breached the “Harman undertaking” which states that documents produced in a court proceeding cannot be used for another purpose.

“We submit that on the balance of probabilities, Your Honour ought to be satisfied on the balance of probabilities that the photograph was taken by Mr Llewellyn of documents from Mr Lehrmann’s computer,” Dr Collins said.

“Because it was an AFP e-brief in electronic form, at a house rented by Seven for Mr Lehrmann in Randwick.

“Being documents that were subject to a Harman undertaking and documents that Mr Lehrmann had no business showing to Mr Llewellyn or anyone else, other than his lawyers in the ACT Supreme Court proceeding.”

PERVERSE

The court has heard Mr Auerbach alleged that he had evidence of receipts paid by Seven for Mr Lehrmann’s benefit, including $10,000 worth of Thai massages.

Mr Auerbach told the court that he charged the massages to a corporate credit card.

The court heard that the following day Mr Auerbach tendered his resignation, however he said it was not accepted.

“Mr Auerbach had been tasked with babysitting Mr Lehrmann, in effect doing what it took to get him over the line, and somehow in the perverse universe in which this program was apparently operating, Mr Auerbach was not terminated for spending more than $10,000 on the company credit card on illicit activities in connection with getting the story of the year,” Dr Collins said.

“It’s staggering.”

The court has heard that Mr Auerbach and his boss Steve Jackson discussed Mr Auerbach paying the masseuse cash and having them reverse the charge on the credit card.

“I know what I’d do if it was my employee,” Dr Collins said.

“I wouldn’t be saying go and get the credit card reversed and pay cash and you can keep your job. It’s an extraordinary state of affairs.”

‘COCAINE AND PROSTITUTES’

Mr Auerbach told the court that Mr Lehrmann invoiced Seven for the costs of prostitutes and cocaine after he visited Sydney in January 2023.

The court heard that Mr Lehrmann issued an invoice to Seven which included the costs of a hire car, purchases made at a Sydney bar and $750 worth of “pre-production expenses”.

Mr Auerbach previously told the court that while on a night out Mr Lehrmann purchased drugs and later ordered prostitutes.

“What’s your understanding of the matter to which the $750 charge for pre-production expenses relates?” Network 10’s barrister Dr Matt Collins asked.

“Mr Lehrmann’s expenditure on cocaine and prostitutes,” Mr Auerbach said.

“And what’s the basis for that understanding?” Dr Collins asked.

“That he indicated to me he needed to replenish his bank account after the bender,” Mr Auerbach said, referencing time the pair had spent together in Sydney while Spotlight were trying to secure an interview with the former Liberal staffer.

He said he believed the invoice from Mr Lehrmann was paid by Seven. The network has denied covering costs for illegal drug use and prostitutes.

Text messages between Mr Auerbach and his boss, Seven producer Steve Jackson, from the night of the alleged “bender” were on Friday tendered to the court.

“He’s on the warpath again,” Mr Auerbach said in the messages.

“This is f***ed.”

He later texted Mr Jackson saying: “OMG I have the greatest yarns ever.”

Mr Auerbach said that he attempted to have Mr Lehrmann’s expenses paid as per diems, however he was told that was an expense which only Seven employees could apply for.

He said he put the $750 charge through as “pre-production expenses” because “that was the vaguest of the categories we could choose without being deceptive or misleading, I suppose.”

He said that he was told by Spotlight executive producer Mark Llewellyn that Mr Lehrmann’s expenses were being paid, and later received confirmation from Mr Lehrmann himself.

$200,000

Mr Auerbach told the court that he met Mr Lehrmann in 2022 during the former Liberal staffer’s criminal trial and they discussed a possible payment of $200,000.

The court heard they discussed paying for the interview to help cover Mr Lehrmann’s “many legal fees”.

Mr Auerbach met with Mr Lehrmann and his former media handler John McGowan.

“We talked about how that payment might work – rather than giving the money to Mr Lehrmann it might go into a trust account, for example, in Mr McGowan’s name,” Mr Auerbach said.

Mr Auerbach said that Mr McGowan said he had a friend who had appeared on a Channel 7 program for a $150,000 fee.

He said they “vaguely” talked about a fee of “$200,000.”

DOOR REOPENS TO HIGGINS

Justice Michael Lee has left the door open for Brittany Higgins’ legal representatives to make further submissions after two days of bombshell evidence.

The court has heard this week there was fresh evidence tendered regarding messages exchanged with a former boyfriend and her deed of settlement with the Commonwealth.

“A number of allegations have been made arising out of the evidence prior to the reopening concerning the behaviour of most particularly Ms Higgins,” Justice Lee said.

“Certainly in relation to Miss Higgins, it’s going to be necessary for me to make findings.”

Justice Lee said he did not want there to be any suggestion of “any denial of procedural fairness”.

He told the court that Ms Higgins’ legal team was free to make submissions if they wish, and had until Tuesday to do so.

THE PAY RISE AND PROMOTION

Mr Auerbach previously told the court that he was “mortified” and “ashamed” and offered his resignation after charging his corporate credit card for thousands of dollars worth of Thai massages.

In his affidavit, Mr Auerbach alleged that he had evidence of receipts paid by Seven for Mr Lehrmann’s benefit, including $10,000 worth of Thai massages.

The court heard that the following day, Mr Auerbach tendered his resignation.

The court has heard that in a letter to his employer that morning, he said: “Last night, and early this morning in a drunken daze, I put thousands upon thousands of charges on a corporate card that had nothing to do with work.”

Mr Auerbach in court on Thursday denied that the charges had “nothing to do with work”.

He also told the court that his resignation was not accepted and that he was later offered a “promotion” and a “pay rise”.

In a statement on Thursday evening, a Seven spokesperson said it was “completely false” that Mr Auerbach was offered a pay rise or promotion.

Mr Auerbach was briefly pressed on the matter by Mr Lehrmann’s barrister Matthew Richardson on Friday.

“Do you still say this occurred?” Mr Richardson said.

“Yes,” Mr Auerbach replied.

“Did you receive any letter or document confirming the pay rise or the promotion?” Mr Richardson asked.

“I don’t recall,” Mr Auerbach said.

REVERSE THE CHARGES

Mr Auerbach on Friday told the court that he had offered to pay back Seven the amount for the charges on the corporate credit card.

He said he was told by his boss, Spotlight producer Steve Jackson, to withdraw cash and offer to pay the masseuse so she would reverse the charges on the Seven card.

“Mr Jackson said to withdraw cash and pay the person involved and she would reverse the transaction,” Mr Auerbach said.

THE RIGHT HAND MAN

Mr Auerbach briefly returned to the stand on Friday afternoon where he denied suggestions he had lied about being offered a pay rise and promotion by Spotlight.

The court then adjourned for an hour while Network 10’s lawyers examined a tranche of documents they received overnight.

Early in proceedings on Friday, Ms Wilkinson’s barrister Sue Chrysanthou had indicated she wanted to make an application to cross examine Seven executive Bruce McWilliam, who has been referred to as Seven boss Kerry Stokes’ right hand man.

The issue relates to a subpoena which was served on Seven last year but the network did not produce any documents, the court has heard.

On Thursday Seven returned several documents in reply to the subpoena, prompting Justice Michael Lee to ask for a sworn affidavit explaining why Seven had now responded.

The court was set to hear Ms Chrysanthou’s application on Friday afternoon, however the court heard after a short break that the application was no longer pressed.

“WARPATH”

Mr Auerbach told the court on Thursday that when Mr Lehrmann travelled to Sydney in January 2023, he was assigned to be his “babysitter”.

At the time, Channel 7 put Mr Lehrmann up at the Meriton Hotel.

“I had been reappointed to be his babysitter, minder, looking after him … building up a rapport trying to build trust and some sort of relationship with a prospective interview subject,” Mr Auerbach told the court.

He said that while at dinner Mr Lehrmann purchased drugs and later ordered prostitutes.

”Mr Lehrmann had over dinner purchased a bag of cocaine while we were dining at Franca,” Mr Auerbach said.

“And when we got upstairs to the room he pulled that out and started to put it on a plate and then started talking to me about a prospective Spotlight story and his desire to order prostitutes to the Meriton that night.

“And he began googling a series of websites to try and make that happen.

“And during that conversation he agreed to be in a Spotlight interview as long as we didn’t ask him about what happened on the night in Canberra.”

Mr Auerbach said he was “taken aback” and tried to convince Mr Lehrmann to discuss the night of the alleged rape during the interview.

“It jumped out at me as quite concerning so I put it to him that we would have to ask him hard questions about the night in Canberra,” Mr Auerbach said.

He said he texted his boss, Spotlight producer Steve Jackson, telling him: “Bruce was on the warpath again and that it was no anomaly.”

“I think I used … if you don’t mind me swearing your honour … I think I used the words ‘this is f***ed’,” Mr Auerbach said.

In his affidavit, Mr Auerbach said money paid by Mr Lehrmann for illicit drugs and prostitutes that night was later reimbursed to him by Seven in “per diems”.

In a statement Seven said allegations Mr Lehrmann issued invoices to Seven covering costs for illegal drug use and prostitutes was “completely false”.

MORTIFIED AND ASHAMED

Mr Auerbach told the court that he was “mortified” and “ashamed” after charging thousands of dollars worth of Thai massages to his corporate credit card and offered to quit his post at Spotlight.

In his affidavit, Mr Auerbach alleged that he had evidence of receipts paid by Seven for Mr Lehrmann’s benefit, including $10,000 worth of Thai massages.

Mr Lehrmann has previously denied receiving a massage.

The court heard that the following day Mr Auerbach tendered his resignation to his bosses.

“You were so mortified and ashamed by what you had done you resigned the next day,” Mr Lehrmann’s barrister Matthew Richardson said.

“Correct,” Mr Auerbach said.

He wrote in a letter to his employer that morning: “Last night, and early this morning in a drunken daze, I put thousands upon thousands of charges on a corporate card that had nothing to do with work.”

Mr Auerbach in court on Thursday denied that the charges had “nothing to do with work”.

“I want to suggest to you the motive (for making the allegations in his affidavit) was to humiliate Mr Lehrmann, do you agree or disagree,”

“No, that’s wrong,” Mr Auerbach said.

In a statement, a Seven spokesperson said: “The person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed.”

30 DRINKS A DAY

Under cross examination from Mr Richardson, Mr Auerbach was on Thursday grilled about his exit from Sky News.

In his affidavit, Mr Auerbach claimed that he was sacked because of media reports that he had misused his Seven corporate credit card.

He denied that he had been sacked because he had sent a picture of a topless woman to journalists.

Asked if he knew the woman was in a vulnerable state at the time, Mr Auerbach replied: “No sir”.

He told the court that he did not have the woman’s consent to send the photos.

When asked if he was aware it was a “criminal act to send photos of this kind without consent”, Mr Auerbach said: “No.”

Mr Auerbach, in one of three affidavits tendered to the court, said Mr Lehrmann provided him with documents including the AFP “statement of facts” from Mr Lehrmann’s criminal trial and Brittany Higgins’ texts with her former boyfriend.

However Mr Lehrmann’s lawyers have called Mr Auerbach’s reliability into question.

Mr Richardson pointed to notes made by his psychologist that he had reported cutting back his drinking early in 2023 from 140 standard drinks a week and less than 30 standard drinks a day.

“I want to suggest to you Mr Auerbach that your recollection of anything that happened in November or December 2022 is suspect,” Mr Richardson asked.

“I disagree,” Mr Auerbach said.