On Monday, the former defence minister published a statement on her Facebook page declaring she would “not be nominating as a candidate for another term as a Liberal Senator for Western Australia.”

“For forty years I have proudly served my nation in the Army, in the Liberal Party, in defence industry, in Parliament and in Government,” she explained. “In my career after the Senate, I will continue to serve, but in new ways.”

Reynolds was elected to the Senate for Western Australia in 2014, and re-elected in 2016 and 2019. Prior to that, she’d spent more than a decade holding vice-president and treasury positions at various local WA Liberal Party divisions. 

Her first cabinet role came in mid-2019, serving under the Morrison government as Minister for Defence Industry. Over the next several years, she would serve in other portfolios, including Minister for Emergency Management, Minister for Government Services, Minister for Defence and Minister for the National Disability Insurance Scheme. 

In her ‘Statement on Preselection’ published yesterday, Reynolds described her years serving in cabinet as “some of the most challenging times in our Nation’s recent history.”

She noted that being preselected and elected to the Senate was “a great honour and a privilege few Australians are afforded.”

“This is my tenth year in the Senate and my passion and commitment to my State and to my Nation remains as strong as ever.”

She went on to say it was “rare” for her to be in a position “to choose the time and circumstances of your departure,” and that her decision to leave politics was made “after considerable reflection of what is behind me and the opportunities that are now ahead of me.”

“Just as the health of our democracy can never be taken for granted, neither can the health of political parties – both must be constantly renewed and strengthened. I joined the Liberal Party over 35 years ago and my respect for, and belief in, the principles and values it was established on have only deepened over time.”

Addressing her party directly, she said that she “owe[s] the Liberal Party so much” and that she was “very grateful for the lifelong friendships I have made in the Party and for the overwhelming support I continue to receive from WA Liberal Party members and volunteers who have helped me over the last decade.”

In 2021, when she was Defence Minister, Reynolds faced intense scrutiny after former Liberal Party staffer Brittany Higgins alleged she was sexually assaulted by then colleague Bruce Lehrmann in Reynolds’ ministerial office. Higgins was working as a media advisor to Senator Reynolds at the time. When she told Reynolds about the rape, Reynolds was horrified, according to Higgins, and asked her if she intended to go to the police.

“She said, ‘If you choose to go to the police we will support you in that process, but we just need to know ahead of time. We need to know now’,” Higgins told news.com.au.

Lehrmann has continued to deny the allegations and pleaded not guilty to the alleged rape of Higgins.

In 2021, Reynolds publicly apologised to Higgins for calling her “a lying cow” in February of that year and agreed to cover the legal costs.

“[I] did not mean it in the sense it may have been understood,” she wrote in a statement posted on her socials. “Given that the comment was made public, which I never intended, I also want to retract it and unreservedly apologise to Brittany Higgins and acknowledge the hurt and distress it caused to her.” 

Reynolds also promised to make a donation to a sexual assault charity as part of a confidential settlement with her. 

A criminal trial of Bruce Lehrmann on one charge of sexual assault in 2022 was derailed in the ACT Supreme Court following juror misconduct. A second trial was aborted by prosecutors after concerns were raised for Higgins’ mental health.

In late 2022, lawyers for Higgins were reported to be preparing to bring a civil claim against Reynolds and former Attorney-General Michaelia Cash for sexual harassment, discrimination, disability discrimination, negligence and victimisation.

In December, Higgins reached a settlement with the Commonwealth, with “the parties [agreeing] that the terms of the settlement are confidential.” 

In January last year, Reynolds launched a defamation case against Higgins and her fiance, David Sharaz, over tweets her lawyers said caused damage that were “inaccurate and professionally damaging” and that “cannot be underestimated.”

Months later, Reynolds sent a defamation concerns notice to Tanya Plibersek following an interview on Sunrise where Plibersek claimed that the crime to which Higgins was subject to “had been inappropriately investigated, even covered up by her employers.”

Reynolds told Plibersek she could “make amends” and avoid legal action by issuing a signed apology, withdrawing her comments, paying Reynolds’ legal costs and providing an “appropriate sum to compensate my client for the damage caused by the publication” within 28 days.

Reynolds’ statement yesterday did not mention anything pertaining to Higgins or these cases. She did however insist that she would “keep working” with her party to “diversify and strengthen” it. 

“Having achieved more than I set out to when I entered the Senate, there is no perfect time to leave politics, but this is the right time for me and for the WA Liberal Party to provide my successor with the same opportunities it has given me,” she concluded. 

Leader of the Opposition in the Senate Simon Birmingham applauded Reynolds’ “distinguished career” in both parliament and the military. 

“From her service in the Australian Army to her tenure as a Liberal Senator for Western Australia, Linda has been a steadfast champion for our nation’s defence, national security, and the advancement of Australia,” he said in a statement.

“Linda’s strength, courage and dignity have been remarked upon by many. I have no doubt that in the years ahead Linda will continue to unwaveringly serve her community and our nation.”

Liberal MP Melissa Price commented on Reynolds’ Facebook post, saying, “Thank you for your service to the party and Senate Linda, although I have no doubt that you will find other avenues to contribute to our great nation. My friend, you will be missed.”

Reynolds will remain in the Senate until her term ends in June 2025.

The post Linda Reynolds announces plans to quit politics in 2025 appeared first on Women's Agenda.

Her testimony and cross-examination followed Lehrmann’s barrister Matthew Richardson questioning The Project producer Angus Llewellyn for two days.

Wilkinson, a journalist at Network Ten’s program The Project and the journalist who interviewed Brittany Higgins in February 2021, is expected to be answering questions on Thursday and Friday of this week.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Content warning: This article contains references to rape and sexual assault.

The phone wiping

Both Angus Llewellyn were questioned over Higgins’ claims that the erasure of screenshots, WhatsApp messages and other data on her phone was as a result of alleged intervention from her former employers at Parliament House.

Higgins indicated her suspicions in the infamous five hour conversation between Higgins, Wilkinson and Llewellyn on January 27 2021, the first meeting The Project had with Higgins.

Llewellyn and Wilkinson claim in their evidence that they urged Higgins to go to Vodaphone or to Apple to determine the true cause of the erasure of her data. Higgins never took it further.

In a text message exchange in February 2021, before The Project went to air, Wilkinson said she wanted to “zero in” on these claims, to which Llewellyn replied the claims cause “unnecessary doubt where there currently isn’t any”.

Llewellyn in the text message in 2021: “(The phone wiping claim) weakens rather than strengthens… her very strong claims.”

In yesterday’s cross-examination of Llewellyn, Richardson questioned the credibility of these claims, particularly since Higgins never took the issue further when she was pressed about it by the team at The Project.

However, Llewellyn maintained this conversation in January 2021 was the first time the group met.

Llewellyn: “This is a conversation recorded on a phone in a hotel room. It’s not sworn evidence.”

This morning, in her cross examination, Richardson also pressed the issue with Wilkinson. 

Richardson suggested to Wilkinson that she and the production at The Project avoided the issue and the claims Higgins made about her phone because it presented a “credibility problem for her source”. 

While Wilkinson agreed with that suggestion, she disagreed with Richardson suggesting this act “contradicts” the role of a journalist.

The bruise

Once again, the issue of the bruise was brought up by Richardson, especially the fact that the image provided to The Project was a screenshot, instead of an original image.

In her evidence, Wilkinson was asked about the credibility of the image. She conceded she was not a “tech-savvy person” and didn’t know what metadata was at the time, let alone how to check for it.

Richardson asked Wilkinson whether she had asked Higgins for more information on the bruise at the time of the first meeting, but Wilkinson said she felt it would be inappropriate.

Wilkinson: “She was talking about her own sexual assault and if you’ve ever spoken to survivors of sexual assault, these are very difficult conversations to have There was a lot more that needed to be done before [the broadcast of] anything that was discussed in this five-plus hours of conversation that we were having.”

The speech

Wilkinson won a Logie award in 2022 for her interview with Brittany Higgins. She accepted the award and gave a speech eight days before Lehrmann’s criminal trial commenced.

The speech is a main point of contention during the criminal trial and was raised this morning in Richardson’s cross examination with Wilkinson.

Richardson suggested to Wilkinson that it would be an “obvious interpretation” by the audience listening to her speech that Wilkinson believed Higgins’ claims, which would contradict the objective nature of journalism.

Wilkinson denied this.

Wilkinson: “I was celebrating her courage.”

Wilkinson’s cross-examination will continue today and tomorrow.

If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence call 1800RESPECT on 1800 737 732, chat online via 1800RESPECT.org.au or text 0458 737 732. 

If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit www.ntv.org.au.

Feeling worried or no good? No shame, no judgement, safe place to yarn. Speak to a 13YARN Crisis Supporter, call 13 92 76. This service is available 24 hours a day, 7 days a week.

In an emergency, call 000.

PHOTO CREDIT: Instagram @lisa_wilkinson

The post Lisa Wilkinson takes the stand in the Lehrmann v Network Ten defamation trial appeared first on Women's Agenda.

Stories from News Corp’s Sky News and news.com.au sparked Justice Michael Lee to subpoena a covertly recorded conversation between Brittany Higgins’ lawyer and her partner, David Sharaz, two weekends ago.

Later, the infamous recorded phone call between Brittany Higgins, Senator Michaelia Cash and her then chief-of-staff Daniel Try in February 2021 was finally played before the court, as well as an earlier conversation between Higgins and Try.

In the meantime, The Project producer Angus Llewellyn faced a full day of cross examination from Bruce Lehrmann’s lawyer, Matthew Richardson SC.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in Tuesday’s proceedings.

Content warning: This article contains references to rape and sexual assault.

News Corp’s recordings

At the start of the hearing on Tuesday, Lehrmann’s lawyer Steve Whybrow SC tendered two stories from Sky News and news.com.au as evidence.

The stories were in relation to an alleged conversation between Brittany Higgins’ lawyer, Leon Zwier, and Higgins’ partner, David Sharaz.

Brittany Higgins faced four days of cross examination during her time in the witness box. Her period of cross examination fell over the weekend of Saturday 2nd / Sunday 3rd December. Court did not sit on Monday 4th December.

Before court was adjourned on Friday 1st December, Justice Michael Lee reminded Higgins she is “not to discuss” her evidence “given in these proceedings with anyone”.

According to Sky News’ report, on Monday 4th December, the night before her cross-examination recommenced, Zwier, Sharaz and Emma Webster, who is on Higgins’ legal team, were secretly recorded by a third party witness at the Park Hyatt hotel in Sydney. 

The person who recorded the conversation is not connected to the case, Sky News reported. 

The group were discussing how Higgins should respond to cross-examination questions, the tapes revealed.

There is no indication whether this advice was passed through Zwier, Sharaz or Webster on to Higgins, and Zwier told news.com.au in a statement that the “private conversations” occurred with a “common understanding that Brittany was under cross examination”.

When asked the following day by Steve Whybrow whether she “received any tips on giving evidence this week from anybody”, she said: “No”.

After News Corp broke the story, Whybrow tendered the story as evidence first thing in the morning of Tuesday’s proceedings. Justice Michael Lee issued a subpoena to obtain the full recordings acquired by News Corp, and the tapes were obtained by the Federal Court by Tuesday afternoon.

Angus Llewellyn’s cross examination

The first of the qualified privilege witnesses to enter the witness box was Angus Llewellyn, a producer for Network Ten’s The Project. He produced the interview between journalist Lisa Wilkinson and Brittany Higgins that aired in February 2021.

Llewellyn was there for the infamous five hour long conversation that took place before the video recording on the interview. He was heavily involved in hearing Higgins’ story and her evidence provided to the network.

During the full day of cross-examination, Lehrmann’s lawyer Matthew Richardson SC questioned whether Llewellyn adequately “checked the credibility” of Higgins’ evidence.

While Llewellyn pointed to the importance of Higgins signing a statutory declaration as way of demonstrating Higgins’ credibility, Richardson referred to the image of the bruise, which she provided The Project, to counter this claim.

Richardson: “You knew the one piece of evidence (the picture of the bruise)… could not be verified.”
Llewellyn: “Which is why we had a statutory declaration.”

Higgins told The Project at the time that the bruise was acquired from Bruce Lehrmann raping her on the night of 22 March 2019. However, in court, Higgins has said she may have acquired the bruise from falling down that same night. 

The image she gave Llewellyn and Wilkinson was a screenshot of the original image. Higgins, at the time, suggested that her phone may have been hacked by the government to remove evidence from her phone, which is why she screenshotted things, including the image of the bruise, for safekeeping. 

However, Lehrmann’s lawyers on Tuesday and previously in court suggested this contributed to the “fabrication” of her narrative.

Richardson: “Did it occur to you at this point how this photo had somehow survived the complete death of her phone?”
Llewellyn: “No, it didn’t occur to me.”

Llewellyn told the court that he wanted to “say to the country” that airing Higgins’ story, with the image of the bruise to support her claims, “was reasonable”.

The other secret tapes

After some debate in court over the last couple of weeks, the secretly recorded conversations between Senator Michaelia Cash, her then chief-of-staff Daniel Try and Brittany Higgins were played before the court.

Higgins said she had recorded these conversations, which took place in early 2021 before The Project interview aired but after the five hour long conversation on January 27th 2021, for her “legal protection”.

The first recording that was played in court was an in-person chat between Higgins and Try on 28th January 2021. An emotional Higgins spoke to Try about “PTSD panic attacks” she had been experiencing.

Daniel Try: “You can always talk to me or the Minister any time about this.”

Higgins told Try she had been “such a team player” about how “the incident” was handled, particularly in the Reynolds’ office. However, she felt like she was being “stonewalled”, particularly as media requests were coming into Parliament House enquiring about an alleged rape in March 2019.

While it upset Higgins, Try reassured her that he and Cash “are really trying to do everything”. Crucially, Try referred to Bruce Lehrmann by name in the course of the conversation surrounding Higgins’ allegations.

Try: “If you wanted it out in the open… myself and the boss would totally support you… It’s completely up to you.”

Next, the court heard a phone call that Higgins had recorded between herself, Try and Michaelia Cash one week later, on 5th February 2021.

Senator Cash opened the conversation with the question: “How’s sort of everything going?”

Higgins explained that she felt “affirmed in the decision” to resign from her position as a media advisor in Senator Cash’s office.

Senator Cash and Try made an offer to Higgins to relocate her to Brisbane, so she could work remotely and stay with her family in Queensland. Senator Cash made it clear to her that she would “never have to come back to Canberra again”.

Higgins declined the offer, citing she could not be connected to politics and felt she needed a “clean break”.

In her evidence in this case, Higgins has said that Senator Cash was aware of the alleged rape since 2019. However, the Senator seemed unaware of the details in this conversation.

Senator Cash: “Can I ask, Brit… what actually happened?”

Higgins went into detail about the alleged assault and explained that it “wasn’t handled right” at the time in Reynolds’ office. She said she was in “fear” of her job and was “really scared”.

Senator Cash: “Oh Brit, we didn’t know anything. You should have told us.”

Lisa Wilkinson’s lawyer Sue Chrysanthou SC told the court that it is “absolutely clear” from these covertly recorded conversations that Daniel Try knew the name of Higgins’ alleged perpetrator and was aware of the situation, despite seeming unaware of the details in the second conversation, one week later.

Court will resume on Wednesday morning.

If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence call 1800RESPECT on 1800 737 732, chat online via 1800RESPECT.org.au or text 0458 737 732. 

If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit www.ntv.org.au.

Feeling worried or no good? No shame, no judgement, safe place to yarn. Speak to a 13YARN Crisis Supporter, call 13 92 76. This service is available 24 hours a day, 7 days a week.

In an emergency, call 000.

PHOTO CREDIT: Instagram @senatormichaeliacash

The post ‘You should have told us’: Phone call with Senator Michaelia Cash and Brittany Higgins played in court appeared first on Women's Agenda.

Australian Federal Police (AFP) officers, departmental liaison officer (DLO) for Minister Reynolds in 2019 Chris Payne, and family members of Brittany Higgins gave evidence and were cross examined today. Expert witnesses, as well as Lisa Wilkinson and Angus Llewellyn from The Project, are expected to give evidence in the coming days.

The trial is predicted to conclude by the end of the week, however, Justice Michael Lee has indicated the court will sit on Monday should the trial extend any longer.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in today’s proceedings.

Content warning: This article contains references to rape and sexual assault.

AFP and Chris Payne

Rebecca Cleaves and Katie Thelning are AFP officers and were the first authorities who spoke with Brittany Higgins about the alleged rape.

The officers met with Higgins in the basement of Parliament House, where the AFP office is, on 1 April 2019. 

Reading from the notes she made at the first informal meeting Higgins had with police, Cleaves said at the time, Higgins was speaking quickly and was visibly very nervous. 

Higgins told the officers, according to Cleaves, that she was heavily intoxicated and “couldn’t sign her name”.

Cleaves: “The next thing she remembers is being in ministerial suite. She doesn’t really didn’t recall the walk there. And from there, she remembers waking up on the ministerial suite on the couch. And literally Bruce was on top of her participating in non-consensual sex.”

Thelning said the following day, 2 April 2019, she consulted with the sexual assault and child abuse team at the AFP to discuss support services that they could refer Higgins on to. She noted that there was an extremely long wait for access those services.

Cleaves told the court that the officers requested a copy of the CCTV footage from Parliament house, but “weren’t provided with a copy”.

Cleaves: “They were hesitant to give us a copy of the footage without an investigative purpose.”

Chris Payne was next to take the stand. He was a DLO in Minister Linda Reynolds’ office at the time of the alleged rape in 2019.

Payne recalled first hearing of the alleged rape in a conversation with Fiona Brown, Minister Reynolds’ chief-of-staff. According to his evidence, she opened the conversation by saying: “You’re never going to believe this.”

In this conversation, Brown told Payne that Higgins was found in Minister Reynolds’ ministerial suite in the early hours of the morning on Saturday 23 March 2019 in a “state of undress”.

In a separate conversation that week after the alleged rape, Payne, with Fiona Brown, spoke with Higgins about the incident. This is his recollection of how one part of that conversation went.

Payne: “May I ask you a very direct question?”
Higgins: “Sure, go for it.”
Payne: “Did he rape you?”
Higgins: “I could not have consented. It would have been like fucking a log.”

Payne was sure of the words used in this conversation, as he told the court the words were very “confronting” to hear from a young woman in Parliament House. He said the words “stuck”.

The family

Three members of Higgins’ family were next to speak in the witness box.

The first was her mother, Kelly Higgins. She described Higgins as a young woman with a “vivacious personality” who “was loving her life”.

Kelly Higgins: “She was thoroughly enjoying every single thing she was doing. She was embracing every opportunity, she was working long hours, she was loving learning about the culture in Parliament House… she was very happy.”

Around the end of March 2019, Kelly Higgins recalled that she noticed Brittany started to become more “withdrawn” and “detached”.

When she went to the media in 2021 about the alleged rape, Brittany Higgins went to the Gold Coast to live with Kelly Higgins for a period of time. Kelly said that Brittany’s “joy”, “desire” and “personal happiness” was gone, and the woman she once knew “was a completely different person”.

Kelly Higgins: “I understand that people only see her (in public)… (but) she is a broken soul.”

The other family members that took the stand were Brittany Higgins’ father, Matthew Higgina, and his partner, Kellie Jago.

Both recalled when they visited Brittany Higgins the week after the alleged rape, and both said she seemed different and “not herself”. 

“I couldn’t recognise my daughter,” he said. “She was absolutely quiet and withdrawn.”

Court will resume tomorrow at 10:15am.

If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence call 1800RESPECT on 1800 737 732, chat online via 1800RESPECT.org.au or text 0458 737 732. 

If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit www.ntv.org.au.

Feeling worried or no good? No shame, no judgement, safe place to yarn. Speak to a 13YARN Crisis Supporter, call 13 92 76. This service is available 24 hours a day, 7 days a week.

In an emergency, call 000.

The post ‘I couldn’t recognise my daughter’: family of Brittany Higgins gives evidence appeared first on Women's Agenda.

Other key witnesses, including former aide de camp Nikita Irvine and Brittany Higgins’ former boyfriend Ben Dillaway, also told the court their version of events of the night of the alleged rape.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in today’s proceedings.

Content warning: This article contains references to rape and sexual assault.

Security staff

The first witness on Thursday’s hearing in the Federal Court of Australia was Nikola Anderson, a former security guard at Parliament House.

In 2021, Nikola Anderson gave an interview to the ABC’s current affairs program Four Corners. She was the security guard that found Brittany Higgins “naked” in the ministerial suite the night of the alleged rape.

In her evidence in court on Thursday, Anderson described what she did when she entered the ministerial suite at approximately 4:20am.

Anderson: “I started announcing myself as soon as I walked in through the reception, the very main doors of the office, so throughout that walk.”

Anderson then said she found Brittany Higgins “completely naked” and she had “rolled over into the foetal position”.

After Anderson left the witness box, Mark Fairweather was the next witness. He was also working in security on the night of the alleged rape in March 2019. Fairweather filed an incident report in regards to that night on 24 March.

On judging Higgins’ and Lehrmann’s levels of intoxication, Fairweather, who has previously worked as a security guard at hospitality venues including night clubs, said he “would have refused entry” if he believed the pair were too intoxicated to enter Parliament House. He said it was his “duty of care”.

Fairweather agreed that Lehrmann left Parliament House “hastily”.

Nikita Irvine

Major Nikita Irvine was the third witness to take the stand. She attended the Dock Hotel on 22 March 2019 and gave her recollection of events, as well as what followed after the night of the alleged rape.

Irvine also passed a judgement on how she felt about Bruce Lehrmann at the time. Although they had a working relationship, Irvine said she got “bad vibes” from him.

Irvine: “When I started at the office, I had bad vibes from Bruce.”

Dr Matt Collins KC (Network Ten lawyer): “Explain what you mean by bad vibes.”

Irvine: “It’s women’s intuition, Dr Collins. I just didn’t want to spend time with him.”

Irvine didn’t notice anything between Lehrmann and Higgins at the Dock Hotel, the court heard. However, the following day, Lauren Gain had told Irvine that “Bruce and Brittany hooked up”. Irvine told the court that she took that as they had kissed, but not had sex.

Later that week, Irvine and Higgins had gone for a walk in Parliament House together, when Higgins disclosed the alleged rape to Irvine.

She recalled two more conversations with Higgins regarding the alleged assault, apart from the walk in Parliament House. In the third and final conversation she had, in WA, Higgins told Irvine: “I’ve made my decision, and I just need to be comfortable with it.” Irvine did not bring up the alleged rape with Higgins after that conversation.

In cross-examination, Steve Whybrow SC, Lehrmann’s lawyer, mentioned Lauren Gain believing Higgins’ allegations.

Whybrow: “Is that your attitude as well?”

Irvine: “Do I believe Brittany? Yes.”

Ben Dillaway

Higgins’ former boyfriend, Ben Dillaway, was next in the witness box. Although he was not there on the night of the alleged rape, most of his evidence came from hundreds of text message exchanges between him and Higgins, as well as his recollections of phone calls with her.

On the night of 22 March 2019, Dillaway recalled receiving a missed call from Higgins. He then messaged her asking her to call him back while he was driving from the Gold Coast to Orange in rural NSW.

In her initial retelling of the night, Higgins told Dillaway that they had “brought the party back to Parliament House”, according to Dillaway’s evidence.

It was in later conversations, however, that Higgins said the night did not unfold how she had originally indicated.

Dillaway said he had asked her in a phone call if she was raped, to which she broke down in tears and quickly hung up the phone.

From their interactions regarding the alleged rape, Dillaway understood that Higgins did not want the information out there for others to know. He said that Higgins did not want to be known as “the girl who was raped in Parliament”.

Dillaway: “That was her greatest desire. She didn’t want a soul to know about it.” Dillaway was of the opinion that Higgins had “nothing to fear” about losing her job by reporting the alleged rape to the police.

When Steve Whybrow SC rose for cross-examination, he suggested to Dillaway that the first he had heard about Higgins’ bruise on her leg was when it was shown on The Project in February 2021.

Dillaway did not recall “discussing a bruise with Brittany” in the days following the alleged rape, when she visited him in her hotel room.

In Higgins’ evidence, she said she was unsure whether she had attained the bruise from Lehrmann allegedly raping her or from falling down in the club the same night.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post ‘Do I believe Brittany? Yes’: the Lehrmann v Network Ten defamation trial continues appeared first on Women's Agenda.

Network Ten’s legal team called on Nicky Hamer, Jesse Watton, Lauren Gain, Austin Wenke and Alex Humphries to give evidence for the Lehrmann v Network Ten defamation trial.

Topics discussed in the evidence and the cross examinations throughout today’s hearing included an “argument” between Lehrmann and Hamer on 2 March 2019, events at the Dock Hotel and the 88 Miles Per Hour club on 22 March 2019 and how each of the witnesses first heard of the allegations made by Brittany Higgins.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned from today’s evidence.

Content warning: This article contains references to rape and sexual assault.

Nicky Hamer – the argument

With Dr Matt Collins KC questioning her, Hamer told the court about her role working in WA as Reynolds’ media advisor at the time. Part of her job was to come to Canberra during parliamentary sitting weeks with Reynolds.

Reflecting on her visits to Canberra, working with Reynolds’ team, Hamer said her relationship with Bruce Lehrmann was professional; there was no personal relationship and they were not friends.

Hamer was at the Kingston Hotel on 2 March 2019, the day Linda Reynolds was sworn in as defence minister. The team was out celebrating, and Hamer told the court that Lehrmann asked Hamer to contact Higgins via Instagram to invite her to the pub.

Hamer: “Bruce made a comment about Brittany being good looking, and asked if I knew her.”

This was the same night that, following a chat with Hamer, Higgins had her phone taken off her “in jest” by Lehrmann, who wanted Higgins to stay “for one more drink”.

It was this incident that sparked an “argument” between Hamer and Lehrmann after Higgins eventually left the pub.

Hamer told the court that Lehrmann asked her why she has to “act like a feminist” and always come to women’s defence.

After the argument, Hamer left the pub and drafted her resignation letter on the way home.

Jesse Watton – the argument

When former Liberal staffer Jesse Watton entered the witness box, he gave a different account of the “phone incident” and the “argument” that followed.

He gave evidence that he couldn’t recall Lehrmann grabbing Higgins’ phone that night, but accepted that he and Lehrmann had asked Higgins to stay at the Kingston Hotel for another drink.

Watton recalled Hamer felt “upset and unhappy” that Watton and Lehrmann had made Higgins feel as though if “she had left she wouldn’t have a job in the minister’s office and that we had pressured her… into staying”.

Watton: “I recall very clearly, Ms Hamer first turned to Mr Lehrmann, and said ‘you shut the fuck up’ then she turned to me and repeated it.”

Lauren Gain and Austin Wenke – 22 March 2019

The next witnesses were in relation to events on the 22 March 2019, the night of the alleged rape.

First, Liberal staffer Lauren Gain took to the witness box to give her account of the evening, which began at the Dock Hotel.

It was the first time she had met Lehrmann and her recollections of her first impressions of him was that he was “an idiot” for talking about a potential job with the Australian Secret Intelligence Service (ASIS).

According to Gain, it was well known that if you are an applicant of an intelligent agency like ASIS, you don’t tell other people that you were applying for a job at said agency.

Gain: “I remember him telling me he was waiting on a clearance to come through so that he could go and work at ASIS… I remember thinking that that must not be true. And I remember saying to my friend… that I thought that he was an idiot for saying that.”

Gain did not remember much from the evening, especially at the club, 88 Miles Per Hour. She did however note in court today that she observed Higgins, who she assessed as “drunk”, and Lehrmann were “touchy” in the booth. Gain also observed a “passionate kiss” between them both.

Austin Wenke, former media advisor to Peter Dutton, was also there at the Dock Hotel and the night of the alleged rape. He went out for dinner with Lehrmann to the Kingston Hotel, before joining the group at the Dock later that evening.

Becoming aware of the allegations

Hamer, Watton, Gain and Wenke said they became aware of Higgins’ allegations against Lehrmann in early 2021.

Lauren Hamer took the media enquiries that were coming into the ministerial office, over an alleged rape in Parliament House in 2019. In cross examination, Hamer agreed that she was of the understanding that it was Lehrmann at the centre of the allegations.

Whybrow: “There was no other person who fit that description… other than Mr Lehrmann?

Hamer: “Yeah, my understanding was that it was Mr Lehrmann.”

Jesse Watton became aware of the alleged incident when Samantha Maiden broke the story in news.com.au and he said he watched The Project interview. Watton told the court he was worried people would think it was him who was being accused of raping Higgins.

Lauren Gain heard of the allegations the day of the media reports in February 2021, as did Austin Wenke. Wenke also said there was “chatter” in Parliament House, and agreed to Whybrow’s suggestion that it was an “open secret” that Lehrmann was at the centre of the allegations.

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The post New witnesses give evidence in Lehrmann v Network Ten defamation trial appeared first on Women's Agenda.

The audio tapes from the secretly recorded conversation between Brittany Higgins, Michaelia Cash and Daniel Try are still unable to be played in court at this stage.

Although Higgins gave her consent before the court for the tape to be played as she thought it was “important for everyone to hear”, Bruce Lehrmann’s barrister, Steve Whybrow SC, has been unable to get consent from Try, as per the relevant legislation.

She also declared she would not let her alleged rapist become a “millionaire” for “being a rapist”.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here are the final moments from today’s hearing.

Content warning: This article contains references to rape and sexual assault.

Michaelia Cash was “lying”

Whybrow was questioning Brittany Higgins over the conversation between herself, her former employer Michaelia Cash and the Senator’s chief-of-staff, Daniel Try.

Although Higgins’ evidence was that the pair knew of the alleged sexual assault in 2019, when Higgins began working in the Senator’s office, the conversation that she recorded contradicted this claim.

Higgins told the court Cash and Try were “feigning” not knowing about the alleged rape over the phone.

“Yeah, she was lying,” Higgins said.

Daniel Try has been uncontactable, Whybrow told the court, and therefore the recording cannot be played and tendered as evidence.

The criminal trial

Going into the criminal trial in October 2022, Higgins was already a public figure and a leader in a widespread women’s movement in the country.

This was a point of contention raised by Whybrow during cross-examination.

Whybrow: “You had become the figurehead of a movement?”

Higgins: “Accidentally, yes.”

Whybrow: “You had a book deal?”

Higgins: “Yes.”

…

Whybrow: “I suggest you had a lot to lose if Mr Lehrmann was found not guilty?”

Higgins: “Statistically, that was going to happen… but I would go through with it again tomorrow.”

Higgins made a speech after the jury of the criminal trial was dismissed, after a juror was found to have misconducted. This speech was played before the court.

In his cross-examination, Whybrow questioned Higgins on why she made statements that were “untrue” in that speech, which Higgins responded by saying it was what she “believed at the time”.

Higgins, outside court after the jury was dismissed: “My life has been publicly scrutisnised, open for the world to see. His was not.”

In the speech, Higgins talked about how the media was reporting the criminal trial as “the Higgins trial”.

“I don’t blame you,” she said, “because it was very clear who has been on trial.”

Whybrow suggested to Higgins that she made that speech because it was “designed to blow up a retrial”.

Higgins: “Wow, um, no. Not at all.”

Whybrow: “You made it clear that you didn’t think that Mr Lehrmann should have a presumption of innocence.”

Higgins: “I don’t know – I didn’t think he had a right to my body. But here we are.”

Civil proceedings

In a statement on social media, some time after the criminal trial, Higgins wrote that she would be willing to give evidence in civil proceedings.

Whybrow questioned this decision in the final moments of the cross-examination, to which Higgins replied:

“I would not let my rapist become a millionaire for being a rapist. So now I’m here.”

Whybrow finished his cross examination of Higgins by asking about a settlement with the Commonwealth of $1.9 million, according to Higgins. The Commonwealth conceded they had failed to deliver duty of care to Higgins while she was on trial.

After four days, the cross examination of Higgins has concluded. There will be no re-examination by Dr Matt Collins KC, Network Ten’s lawyer, and Sue Chrysanthou SC, Wilkinson’s lawyer.

Court will resume tomorrow morning, where witnesses including Nikki Hamer, Lauren Gain and Alex Humphries are expected to be cross-examined.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post ‘I would not let my rapist become a millionaire for being a rapist’: Higgins’ cross-examination concludes appeared first on Women's Agenda.

The Federal Court of Australia did not sit on Monday to hear proceedings of the trial but returned today in what is predicted to be the final day of Steve Whybrow SC, Bruce Lehrmann’s lawyer, questioning Higgins over her evidence.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in today’s proceedings.

Content warning: This article contains references to rape and sexual assault.

Deleted messages

Whybrow first took Higgins to text messages on her phone, mainly sent to her friend and former boyfriend, Ben Dillaway. The messages were tendered as evidence in court today.

Lehrmann’s barrister pointed out one particular message sent from Higgins’ phone to Dillaway that no longer existed on Higgins’ phone: “I’m clearing out my phone ahead of the police.”

Whybrow then noted how certain messages had been deleted off Higgins’ phone, but remained on the phones of the people whom she had sent the messages to, including her housemate from 2019, Alex Humphries, and someone she had matched with on Bumble, Alex Woods.

Woods worked as a security guard in Parliament House and Higgins had also planned to go on a date with.

Higgins denied she had done this intentionally and recalled she had “archived” several text message conversations and even “blocked” around 100 people following the alleged rape.

Higgins: “I’ve been highly traumatised and being harassed about this issue over and over for over five years about my rape… And now everyone’s trying to make it about some random Bumble date though. I hung out with him once.”

There was another message to Dillaway that no longer exists on her phone, where Higgins said the response from the rape was “all beyond strange”. While Whybrow suggested she had deliberately deleted that message, Higgins said she is “glad” that message has emerged, as it “corroborates” her evidence and what she told to Wilkinson and the media in 2021.

The attempted kiss

Questioning then moved to when Lehrmann allegedly attempted to kiss Higgins after a social gathering with Senator Linda Reynolds’ team in March 2019, approximately a week before the alleged rape.

It was an event that was only brought forth in Higgins’ evidence after she was “reminded” of the incident from other testimonies in the criminal trial, including from her colleague Nikki Hamer.

Whybrow questioned the legitimacy of this evidence when Higgins said the event “wasn’t even in my mind”.

Whybrow: “His attempt to kiss you a week before he, on your version… sexually assaulted you… was not on your mind?”

Higgins: “No, it really wasn’t.”

22 March 2019

In one of the final bits of evidence tendered during the cross examination of Higgins, Whybrow played CCTV footage of the Dock Hotel on the night of the alleged rape, where Higgins and her Bumble date, Nick, sat at the table and spoke for a while.

At one point, Higgins left the table and moved to a different table, where Lauren Gain, Austin Wenke and Bruce Lehrmann were seated. 

Whybrow suggested she had “ghosted” and “abandoned” Nick, despite previous evidence that he was being “bullied” by other people at the table for wearing a suit, which is why he left.

“Honestly, I was so drunk at that point, but I did ignore my date and I was really rude,” Higgins said.

Higgins told Samantha Maiden in the news.com.au article that she was “10/10 drunk” the night of the alleged rape. Whybrow then played the CCTV footage of going through security at Parliament House.

Whybrow: I suggest to you that telling Ms Maiden that you were 10/10 drunk was a lie?

Higgins: Are you kidding?

Higgins continued the rest of the cross examination speaking through tears.

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In an emergency call 000.

The post Day 4 of Brittany Higgins’ cross examination appeared first on Women's Agenda.

Questioning from Steve Whybrow SC, Lehrmann’s lawyer, revealed a phone call between Higgins and her former employer Senator Michaelia Cash was secretly recorded by Higgins, which she said was for her own “legal protection”.

The 15-minute audio was not played in court today. Wilkinson’s lawyer and the legal team from Network Ten said Higgins will need legal advice before she gives her consent for the court to hear the recording as evidence.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in today’s proceedings.

Content warning: This article contains references to rape and sexual assault.

Impact on politics

When court reconvened after a longer than usual break at 12:30pm, Whybrow referred to evidence from the five-hour conversation between Higgins, Wilkinson and The Project producer, Angus Llewellyn, in January 2021.

In the recording, the group discussed when the interview would likely go to air. All three agreed to run the story before a parliamentary sitting week, which would be followed by the Senate estimates. 

Higgins denied that the decision to run the story in February 2021 – before a sitting week and before the March Senate estimates, as discussed with the Network Ten journalists – had anything to do with impacting election outcomes.

Whybrow asked Higgins if she was “seriously contending” that one of her motivations of going to the media was to negatively impact the Liberal party.

Higgins: “It was not about the Liberal party. It was about women in politics.”

Michaelia Cash and the secret recording

Higgins has given evidence – in the criminal trial last year and in this week’s hearing of the defamation trial – that Senator Michaelia Cash was informed of the alleged rape when Higgins commenced her employment in her ministerial office in 2019.

However, Senator Cash, as well as her chief-of-staff, Daniel Try, have denied knowing about the alleged rape in 2019.

Whybrow suggested that Higgins “never went” to Senator Michaelia Cash or Daniel Try about the alleged incident, which Higgins said was “completely incorrect”. She said Senator Cash, Try and other members of the Liberal party “had to know” about it – it was an “optics thing”, she said.

Later, Whybrow attempted to play a 15-minute audio file of a phone call between Senator Cash and Higgins, covertly recorded by Higgins. She said she recorded it for her own “legal protection”.

Before it was played, however, Justice Michael Lee raised questions surrounding the legality of submitting a secret recording as evidence without consent of the parties involved, as per the relevant legislation. 

Whilst Whybrow said he had obtained consent from Senator Cash to tender the recording as evidence and to play it in court, Network Ten’s lawyer, Dr Matt Collins KC, and Wilkinson’s lawyer, Sue Chrysanthou SC, said Higgins should receive legal advice before giving her consent to play the recording.

The court will return to the audio next Tuesday once Higgins receives advice.

The picture of the bruise

Over the last few days, Whybrow has been asking Higgins about the picture of the bruise on her leg, which she said she obtained either from falling up the stairs at the club or from Lehrmann allegedly sexually assaulting her on the night of 22 March 2019.

Today, he asked about the image she gave to The Project. He revealed to the court today that the image she provided was a screenshot, taken before she met with Wilkinson and Llewellyn in January 2021.

Whybrow suggested that Higgins did this intentionally so there would be no “metadata” attached to the provided image, which perhaps revealed the bruise was not obtained on the night of the alleged rape. Higgins denied this suggestion.

Court will resume next Tuesday at 10:10am.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post ‘It’s about women in politics’: The cross examination of Brittany Higgins wraps up for the week appeared first on Women's Agenda.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Court has been adjourned this morning until 12:30pm. Here’s what we have learned so far.

Content warning: This article contains references to rape and sexual assault.

Reclaiming the dress

The dress that Higgins wore the night of her alleged rape was the centre of a lot of yesterday’s cross examination from Lehrmann’s lawyer, Mr Steve Whybrow SC.

He continued questioning Higgins about the dress this morning, this time turning to the only other time, according to her evidence in court during this trial, that she wore the white pencil dress.

Images from a Liberal party function in May 2019, during the election campaign, were tendered as evidence from Lehrmann’s legal team. It was revealed Higgins had sent these pictures to Ben Dillaway, a colleague she was “flirty” with at the time.

Higgins argued that she wore the dress this one other time after her alleged rape to try and “reclaim agency” over it. However, she told the court she never wore the dress again after that night.

Whybrow, in response, suggested this was not the case.

Whybrow: “I want to suggest to you that you took those photos and sent them because you hadn’t been sexually assaulted in that dress.

Higgins: “I understand that that’s what you’re putting to me. You’re incorrect.”

The document

When Higgins decided to reactivate the police complaint over her alleged sexual assault, she created a documented timeline of events.

Higgins said she had created the timeline intended for herself and for the police only. However, the document was also provided to The Project, Samantha Maiden from news.com.au and a number of journalists from the Canberra Press Gallery.

Whybrow questioned Higgins on the accuracy of the document, when the judge, Justice Michael Lee, stepped in to clarify her evidence.

Justice Lee: “You set out in this document your recollection of what was conveyed to you by the minister… you thought that was correct at the time you put it in the document?”

Higgins: “It wasn’t verbatim… I accept that the document is now incorrect.”

‘Not villains in the story’

Whybrow then turned to references in the document of former Minister of Defence, Senator Linda Reynolds, and her chief-of-staff, Fiona Brown.

Higgins told the court she didn’t regard Reynolds or Brown as “villains in the story”.

“Fiona Brown was just following instructions and I’ve never blamed her and I don’t blame her,” she said.

“Linda Reynolds avoided me in my view, and did not meet her duty of care. I felt unsupported. I felt unsupported by both of them, but I don’t count them as villains in this story. I just don’t think they did the right thing by me.”

Journalists access the document

In the document, Higgins named Lehrmann as her alleged rapist. She told the court she had intended to redact the name, but failed to.

The document, however, was distributed to journalists by Higgins’ partner, David Sharaz, after Samantha Maiden’s article on news.com.au and before the airing of The Project in February 2021.

Whybrow: “So it was just an accidental oversight that this document… was distributed to a lot of the Canberra press gallery and wider?”

Higgins: “Yes, it was a mistake.”

Higgins maintained that the document was initially meant for her and the police at the time she created it, but acknowledged she provided it to the media after the initial creation.

Court will resume today at 12:30pm.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post Questions on the dress and the document persist in Lehrmann v Network Ten trial appeared first on Women's Agenda.

The nature of the cross examination today was centred on questioning the accuracy and “truthfulness” of Higgins’ evidence in a criminal trial last year, her evidence in yesterday’s hearing, what she told in media interviews and even in a draft memoir she had intended to write and publish – but never actually did.

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Here’s what we learned in today’s proceedings.

Content warning: This article contains references to rape and sexual assault.

Her final evidence

In answering the final questions from Network Ten’s lawyer Dr Matt Collins KC, Higgins told the Federal Court she was “relieved” about Bruce Lehrmann’s position on her allegations – that he was claiming there was no sexual contact between the two of them.

News.com.au journalist Samantha Maiden, who first broke the story of Brittany Higgins’ allegations in February 2021, informed Higgins at the time that Lehrmann intended to deny the allegations. It has since been revealed that that phone conversation was recorded, for Maiden’s “own legal protection”.

Higgins: “I was relieved. I thought that we were going to have this very nuanced debate about consent and alcohol and all this kind of stuff. And I was really shocked and kind of happy at the time that he was saying that nothing had happened. Because to my mind, it was so preposterous.”

The final questioning from Dr Collins also involved discussing Higgins’ employment with Senator Michaelia Cash from October 2019 to July 2021. It was when Higgins terminated her employment with Senator Cash that she reactivated her police complaint.

Cross-examination begins

In the first session of cross examination, conducted by Lehrmann’s lawyer Mr Steve Whybrow SC, Higgins’ evidence given in court under oath, a statutory declaration with Network Ten, as well as her recollection of events in a draft memoir she began writing in 2021, was under scrutiny.

The first to be scrutinised was the statutory declaration, provided to The Project before her interview with Lisa Wilkinson went to air in February 2021.

Whybrow: “Was the contents of it true and correct?”

Higgins: “To the best of my knowledge at the time, that was correct, yes.”

Whybrow: “Is your knowledge getting better over time?”

Higgins: “I wouldn’t say better… because it was so traumatic… before I knew things, but it wasn’t as clear… it’s just not the way memory works.”

Higgins had also provided Network Ten the image of the bruise on her leg. While in the statutory declaration to Network Ten on 10 February 2021 she declared she acquired the bruise by Lehrmann raping her on 22 March 2019, yesterday in court she said she couldn’t be sure where the bruise came from.

Whybrow suggested to Higgins that the image of the bruise was a “recent invention” for the purpose of The Project interview.

Whybrow: “You accept that this was a different answer you gave on 10 February?”

Higgins: “At the time, I believed it was caused by assault, but with hindsight… it was possible it came from another source.”

More questioning over her recollection of events arose in regards to the panic attack she had on the day of Minister Ciobo’s valedictorian speech in Parliament House.

The questioning especially surrounded her ordering of events, which she admitted she couldn’t recall the exact sequencing.

Whybrow: “It’s an example of you altering your narrative as you find out more evidence – do you accept that or not?”

Then Whybrow asked her what exactly triggered the panic attack that she said caused her to miss out on sitting on the parliament floor, which “she would’ve loved”, as per her evidence yesterday.

Whybrow: “Can you tell His Honour what triggered it?”

Higgins: “I don’t know – the rape?”

The book deal

Evidence brought by Lehrmann’s legal team involved a book deal between Higgins and Penguin Random House publishing, which Higgins said she hoped would be kept “private”.

The contract was for a potential memoir for Higgins to write her version of events of the alleged assault and the aftermath. 

According to the contract, Higgins would be paid a total of $325,000. The contract, confirmed by Higgins in court today, also indicated a payment of $108,338 had “occurred”.

Whybrow: “Do you have a financial interest in the outcome of these proceedings?”

Higgins: “I declare it now, if I ever actually finish the book, I will donate the two-hundred whatever thousand to charity. I don’t care about the money. Take it as an oath right now. I don’t care about it.”

Whybrow referred to a draft of the book, sent to publishers on 19 April 2021. 

He questioned certain writings from Higgins in the draft – again, concerning the order and sequence of events on the night of Friday 22 March 2019.

Whybrow: “You weren’t making up things? You were telling the truth?”

Higgins: “I wasn’t making up things, but this was done April 2021, and I know so much more now that I didn’t know then.”

…

Whybrow: “Are you saying you weren’t being truthful?”

Higgins: “I was incorrect. I’m not saying it wasn’t truthful. I was incorrect.”

Higgins told the court that the draft of the book was “crap”, and the evidence she gave yesterday in court stands.

Going to the media

The cross-examination then turned to The Project interview with Lisa Wilkinson, the main subject matter of the court case.

Several moments from the five hour long conversation with Wilkinson and The Project producer, Angus Llewellyn, were tendered as evidence in court.

One such moment was a recollection she “had at the time” was the security guard calling into the office “repeatedly”, a fact which differed from the evidence she gave in court.

Whybrow: “What’s made you get a new memory?

Higgins: “it’s not a new memory… I was highly traumatised.”

The dress

Questioning then turned to where Higgins’ dress was at the time she was allegedly raped. It was at this point that Higgins became visibly upset.

In a statement to Four Corners, the guard who found Higgins that night, Nikola Anderson, said she found her naked. However, in several other statements, Higgins said the dress was around her waist.

Whybrow asked if it “concerned” Higgins that Anderson’s recollection was different to Higgins’.

Whybrow: “You were concerned that she might say something that would undermine what you said.”

Higgins: “No, I just thought it was pretty… no, I was just upset at the prospect of the person that found me was going to do an interview.”

As Whybrow continued pressing about the dress, Higgins spoke firmly to Whybrow to defend herself.

Higgins: “As I was being raped, it wasn’t my primary concern where my dress was.”

“I was deeply more concerned about the penis in my vagina that I didn’t want than I was about my dress.”

‘My job’s not that important’

The reasoning behind Whybrow’s line of questioning to Higgins became clear in the closing hour of the hearing.

Whybrow suggested to Higgins that she was “concerned” for her job, which is why, as he proposed, she made the allegations.

Whybrow: “You didn’t have sex with anybody that night you passed out drunk in the minister’s personal suite.”

Higgins: “It’s insulting and it’s incorrect. But you’re entitled to your opinion.”

Whybrow furthered his argument by referencing the fact she did not go to the doctors following the alleged sexual assault.

His assertion was she “made up” the fact she went to the doctors, which she told Brown, the police and others, to make her complaint “legitimate”.

Whybrow: “The reason you didn’t go to the doctor… was because you hadn’t actually been sexually assaulted.”

Higgins: “That’s incorrect.”

Higgins told the court that, following her alleged sexual assault, she “wanted to tell people what they wanted to hear” – that she was fine and that she was looking after herself, including going to the doctors for STI screening and a rape kit.

Higgins said her “job is not that important” and she would “never” make up the allegations to save her job, as Whybrow was suggesting.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post Brittany Higgins defends herself under intense cross examination in the Lehrmann v Network Ten defamation trial appeared first on Women's Agenda.

“I was angry with how they treated women,” she said, “and I was done. I couldn’t be silent anymore. It wasn’t just me.”

Higgins had watched the ABC’s Four Corners program, which detailed the sexual assault claims against former attorney general Christian Porter. It was at this moment that she decided to contact Samantha Maiden from news.com.au and Angus Llewellyn from The Project.

“It all rung so true,” Higgins said, in reference to the Christian Porter allegations in the Four Corners program.

“I finally got a grasp on my workplace… I wasn’t so scared anymore.”

Women’s Agenda is covering the Lehrmann v Network Ten defamation trial as it happens, with former Liberal staffer Bruce Lehrmann accusing Lisa Wilkinson and The Project of defamation. The case is in reference to an interview between Wilkinson and Brittany Higgins, who accused Lehrmann of raping her inside Parliament House in March 2019.

Today, Higgins has continued answering questions from Network Ten’s barrister Dr Matt Collins KC. Here’s what we learned.

Content warning: This article contains references to rape and sexual assault.

After the alleged rape

On the Monday following the alleged rape in Minister of Defence Linda Reynolds’ office, Higgins said she was “disassociating”, only managing to get through “what I had to do” during the day.

Meanwhile, Lehrmann was acting “like nothing happened”. She said he was extra “friendly” to her, which was unusual to her.

“I think because we’d never had… a friendly social relationship,” Higgins said. “And then suddenly after he raped me there was this familiarity… that I felt was undeserved.  And it.. I don’t know, it just really freaked me out.”

The following day, Lehrmann and Higgins met with Fiona Brown separately over security breaches from accessing Parliament House out of hours. It seemed Lehrmann had been “fired” in his meeting with Brown, according to Higgins.

In her private meeting with the ministerial chief-of-staff, Higgins disclosed the alleged assault to Brown – the first person she spoke to about it.

Throughout that week, Higgins had disclosed what had happened to several other staffers at Minister Reynolds’ office, including Nikita Irvine and Christopher Payne.

That weekend, Higgins had also met with her father in Canberra. She told him that “something bad had happened at work” – but she didn’t want to talk about it.

Higgins: “Even if I give him (Lehrmann) the benefit of every doubt, how could he leave me like that?”

The following Monday, Higgins met with Minister Reynolds for the first time since the alleged rape – in the very room where the alleged rape occurred.

While being back in the room traumatised her, triggering panic attacks that would ensue for the remainder of her time in Canberra, certain moments in that meeting stuck with her.

“The Minister said, ‘I’m sorry… these are things women go through’,” Higgins recalled.

Reynolds and Brown had told Higgins if she went to the police, to keep them informed.

The response

What occurred after that was what Higgins described as “weird”.

While Brown referred Higgins to the Employee Assistance Program (EAP) for counselling, and even escorted Higgins to the Parliamentary Police station, Brown had given Higgins a choice for the future of her time as an assistant media advisor in Minister Reynolds’ office.

She could go with the Minister to Western Australia to campaign for the 2019 election. Or, she could receive what Higgins described as a “pay-out”, and go back with her family to her home on the Gold Coast.

Meanwhile, progressing her initial “meet-and-greet” with police officers regarding the alleged assault was hitting roadblocks as officers were “having difficulty” obtaining CCTV footage from Parliament House from Friday 22 March 2019.

Understanding the difficulties of what would come, she decided to withdraw her police complaint and go to Western Australia with Minister Reynolds.

‘Abandoned’

But the experience in Western Australia was far from rewarding for Higgins. She told the court that Minister Reynolds “actively avoided” her and “didn’t even like being in a room” with her.

Other staffers for Minister Reynolds didn’t treat her any better, which caused Higgins to feel extremely “hurt” by it all.

Higgins: “I was really personally hurt by all these people that I loved, or, you know, worked with in my time of need when something horrendous happened, all these good people did nothing … I can’t explain how hurt I was that I was just abandoned.”

In the closing minutes of today’s hearing, Higgins began describing her initial interaction with the media to go public with the allegations, including the creation of a timeline of events in a document, which she provided both to police and eventually to the media.

The hearing will recommence tomorrow at 10:15am.

If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491. 

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000.

The post ‘I couldn’t be silent anymore’: Brittany Higgins’ evidence continues in Lehrmann v Network Ten defamation trial appeared first on Women's Agenda.