It seems to an impartial outside observer such as myself that Justice Michael Lee has just added his own name to Bruce Lehrmann’s list of Defamation defendants.

Bruce Lehrmann was originally charged with Rape but his trial was aborted. Rape is a criminal charge and must be  proven “beyond reasonable doubt”. Thus, Lehrmann is not a convicted Rapist and is entitled to the presumption of innocence.

Presumably, Lehrmann’s Defamation suit was on the basis that Lisa Wilkinson and Channel Ten had defamed him by implying that he was a rapist. If he was not a rapist and the defendants implied that he was, he has clearly been defamed.

You cannot convict a man of rape “on the balance of probabilities” – yet, it seems to me, that is exactly what Justice Michael Lee has done. Justice Lee’s judgement seems to be: “Lisa Wilkinson and Channel Ten accused Lehrmann of rape. I believe Lehrmann is a rapist (“on the balance of probabilities”) and therefore the defendants did not defame him as they were telling the truth.”