“That is not a man with any reputation in respect of sexual morality that would warrant compensation,” Matt Collins KC said.

The elements fit a definition of rape that an ordinary person would understand, Collins said.

Bruce Lehrmann’s lawyer Zali Burrows (left) apologised that Lehrmann was not represented by a silk, telling the panel of judges he “really wanted” Guy Reynolds SC but “couldn’t afford” to engage him. Source: AAP / Dan Himbrechts

Lehrmann has argued the judge was not satisfied about a number of the violent elements argued by Ten, including that Lehrmann had held open Higgins’ legs or pinned her to the sofa.

The appeal judges also heard the defamation judgment, which followed a mistrial on a sexual assault charge, meant Lehrmann probably became “the most damaged man in Australia”.

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