Trial examines Higgins saga – Australian Associated Press

Is Brittany Higgins a storyteller or a brave woman who exposed a political cover-up?

This is the assessment that a Supreme Court judge is expected to make after examining a high-profile defamation case brought by Senator Linda Reynolds against her former staffer.

The trial, which is due to resume on Monday, will re-examine Ms Higgins' alleged rape in Parliament House in 2019 and the events that followed, including her decision to go public with her allegations two years later.

Senator Reynolds' lawyer, Martin Bennett, said Ms Higgins and her husband, David Sharaz, had fabricated a “fictional story of a political cover-up” portraying the Liberal leader as a villain in order to harm her.

He said the “fairy tale” contained allegations of abuse, exclusion, bullying, harassment and threats.

Mr Bennett also claimed the newlyweds had courted journalists Lisa Wilkinson of Network Ten's The Project and Samantha Maiden of News Corp and planned to publish the story during a parliamentary sitting week.

He said nothing justified Ms Higgins' version of events.

“It is a mishmash and a layering of things … that suggest that Ms. Higgins reconstructed a sequence of events in her mind in 2021 that she used to condemn my client,” he said.

Ms Higgins alleged that she was raped by her colleague Bruce Lehrmann in Senator Reynolds' ministerial suite in March 2019.

Lehrmann has consistently denied the rape allegations and his criminal trial was derailed by jury misconduct.

Ms Higgins' lawyer, Rachael Young SC, said her client had found the “courage” to speak about the alleged rape and the work culture in Parliament House.

“Whether you agree with how Ms Higgins exercised her agency and how she found her voice is secondary,” she said.

“It's her voice to her agency. It's her trauma. It's her choice how to heal.

“Ms Higgins had every right to give press interviews.”

Ms Young said the evidence showed that Senator Reynolds found answering questions about the incident in 2021 difficult, “perhaps even hurtful, perhaps even traumatic”.

However, she said this “damage” had nothing to do with Ms Higgins’ social media post two years later or any conspiracy.

“This is a bold accusation… two young adults in their twenties are plotting to overthrow the Liberal government,” she said.

More than 20 witnesses, including former Prime Minister Scott Morrison and former Foreign Minister Marise Payne, gave evidence in the case before the Supreme Court of Western Australia.

Mr Morrison told the court he feared Senator Reynolds would die amid the political firestorm that erupted over Ms Higgins' claim that her alleged rape had been mishandled.

“This issue has been used as a political weapon to discredit both Senator Reynolds … and the government and, by extension, myself,” he said.

Ms Payne said she had rarely experienced such fierce political attacks and Senator Reynolds had faced “enormous pressure” in Parliament.

“It was deeply disturbing and upsetting to see one’s friend and colleague in such a situation,” she said.

Ms Payne was “significantly concerned” about Ms Higgins' alleged sexual assault and her allegations against the Morrison government.

“It was almost unbelievable to me that such a horrific act could take place in our federal parliament,” she said.

Senator Reynolds' partner Robert Reid had tears in his eyes as he recalled on the witness stand her diagnosis of heart problems after she was rushed to a hospital emergency room in pain following a heated Senate session.

Mr Reid said the “hateful” attacks on the senator on social media had been relentless and had left her distressed.

He recalled how “stupid” the Senator felt after learning of Ms Higgins and Mr Sharaz's alleged plan to spread their allegations of a political cover-up.

“She thought she was trying to do the right thing for Brittany all along,” he said.

Senator Reynolds' parents, Janice and Laith Reynolds, said they were “devastated” by Ms Higgins' project interview.

“Particularly upsetting because Lisa Wilkinson had not asked Linda for comment, let alone wanted to hear her side of the story,” Ms Reynolds said in a witness statement.

“It was unprofessional, to say the least… designed for maximum effect.”

The senator's parents said their daughter was “deeply affected by being turned from a person who was universally loved and respected into a pariah.”

“She was accused of being some kind of monster who abandoned a poor young woman who had been raped,” Ms Reynolds said.

Senator Reynolds claims her suffering has been made worse by Ms Higgins' social media posts, which allege that she bullied her former employee, mishandled her alleged rape, sought to silence victims of sexual violence and behaved questionably during Lehrmann's aborted criminal trial.

Ms Higgins is relying on the defence of truth to justify her harassment claim, with Ms Young reminding the court of the senator's “disgraceful insult” when she called the former staffer a “lying cow” in front of parliamentary staff.

She also referred to Senator Reynolds' conduct during Lehrmann's trial and said she had given the media background information on Ms Higgins.

The same defence is being used in Ms Higgins's abusive rape case. Ms Young told the court that the Senator withheld information from the former staffer but passed it on to others and provided her with inadequate counselling and employment opportunities.

The defence also relies on qualified privilege, fair comment and honest opinion, saying Ms Higgins responded to and spoke on issues of public interest.

The pregnant Ms Higgins was scheduled to give evidence, but towards the end of the trial Ms Young told the court that she could win the case without her testimony, while raising concerns about her client's health.

Senator Reynolds' former chief of staff, Fiona Brown, was also unable to testify for health reasons.

The trial will continue on Monday; three days are scheduled for closing arguments.

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