Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647

Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647

The lipreading evidence, including the Reedy Report, draft report and accompanying testamentary material given on the voir dire, was admissible and should not be excluded. The assistance of the lipspeaker did not materially undermine reliability, and the objections raised by Mr Lehrmann went to the weight of the evidence rather than admissibility or discretionary exclusion.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Evidence Ruling in Federal Court Proceedings / Ruling on Whether Lipspeaking Evidence Adduced on the Voir Dire Should Be Admitted as Evidence in the Trial
Outcome
The lipspeaking evidence adduced on the voir dire was admitted as evidence in the trial.
Legal Topics
['expert Evidence' 'lipreading Evidence' 'voir Dire Evidence' 'discretionary Exclusion of Evidence' 'admissibility and Weight of Evidence']
['evidence' 'civil Procedure'] ['expert Evidence' 'lipreading Evidence' 'voir Dire Evidence' 'discretionary Exclusion of Evidence' 'admissibility and Weight of Evidence']

Case Brief

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Procedural Posture

Evidence Ruling in Federal Court Proceedings / Ruling on Whether Lipspeaking Evidence Adduced on the Voir Dire Should Be Admitted as Evidence in the Trial

Legal Issues

  1. 1 ['Whether the lipreading evidence tendered on the voir dire should be permitted to be tendered in the trial.' 'Whether the use of a lipspeaker to assist the forensic lipreader affected admissibility or warranted discretionary exclusion.' "Whether objections concerning the inexactness of lipreading, the expert's lack of prior court experience, limited research or bespoke technology, and lack of objective verification were matters of admissibility or weight."]

Ratio Decidendi

The lipreading evidence, including the Reedy Report, draft report and accompanying testamentary material given on the voir dire, was admissible and should not be excluded. The assistance of the lipspeaker did not materially undermine reliability, and the objections raised by Mr Lehrmann went to the weight of the evidence rather than admissibility or discretionary exclusion.

Court Disposition

The lipspeaking evidence adduced on the voir dire was admitted as evidence in the trial.

Orders

  • ['The lipspeaking evidence adduced on the voir dire be admitted as evidence in the trial.']