Reynolds vs Higgins day 13: Lawyer raises fears ‘foreign actors’ behind bots targeting Higgins case

The judge who will rule on whether Senator Linda Reynolds was defamed by social media posts published by Brittany Higgins has made an early finding on other posts — made by apparent online troll bots targeting the trial.

In an extraordinary ruling, Justice Paul Tottle has told WA’s Supreme Court that “any attempt to influence me by making publications of posts on that platform (X) will be an exercise in futility”.

“I am informed that the posts may be characterised as an attack by and I quote: ‘A Twitter army of fake bots’,” he said.

“Certainly, given the similarity in the wording of the posts, the coincidence in timing and the disparate geographical locations of the apparent publishers, it is unlikely that those posts are genuine posts or commentary by individuals.

“They have the hallmarks of a coordinated pattern of activity that merit the description of an attack.”

But he has also warned that any posts from actual people attempting to interfere in the trial process would be up for punishment.

“It is a criminal contempt ... to interfere with the administration of justice, in this case, by threatening, intimidating, frightening, or seeking to deter a witness or anyone else associated with the administration of justice,” Justice Tottle said.

“Any attempt made by any person to interfere with the administration of justice in the manner that I have just described will be a contempt and will be punishable as such.”

The defamation case brought by Ms Reynolds against Brittany Higgins continued on Tuesday, amid the backdrop of the bombshell that Ms Higgins will now not be called as a witness in the trial.

That decision was made by her legal team for several reasons — the health of the now-pregnant 29 year-old, and a confidence, stated in court, that they don’t need her in order to win their case.

It came on the same day that it was also revealed that her former chief-of-staff Fiona Brown would also now not be giving evidence after similarly secret health reports citing her inability to give evidence were accepted by Justice Paul Tottle.

On Tuesday, it emerged that Ms Brown’s lawyer Dominique Hogan-Doran SC had contacted the court this morning, pointing out numerous posts on X referencing her being excused.

“One suggests that you’ll be held accountable if you make an order that enables Miss Brown to avoid giving viva voce evidence (evidence given by a witness orally). They’re the ones that I thought were contempt,” Ms Reynolds Martin Bennett said.

“Obviously, the first is a concern on the part or concern for the welfare of Ms Brown, and the second is a concern about the contempt of court issues.”

Over the weekend, it emerged via X that a string of apparent bots was making various posts in support of Ms Reynolds on X, using similar wording stating that the WA Senator was unfairly attacked and bullied

The accounts with minute followings and recently created, were apparently posting from the US, France, the UK, Ghana, Bangladesh, and Russia. But none in Australia.

“As a woman in politics, I’ve seen first-hand the devastating impact of heartless attacks on female leaders. Senator Linda Reynolds’ story is a stark reminder that our words have power,” said one of the posts, from Zona in Russia.

Ms Reynolds said via a statement that any suggestion she was buying bots to post on her behalf was “preposterous”

“Senator Reynolds was unaware of these bots,” her spokesperson said. “The idea that Senator Reynolds would engage with something like this is preposterous.

“She is not behind these bots and doesn’t know who is.”

“There’s a report this morning’s media that they’re potentially foreign state actors,” Mr Bennett told the court.

The latest posts regarding Ms Brown were said in court to be coming from Osaka, Wyoming and New Jersey, among others.

“A warning issued by this court into the Twittersphere ... may be of absolutely no useful purpose at all. But that isn’t to say that I won’t give it,” Justice Tottle said.

As the trial continued, it was revealed that the final witness called by Senator Reynolds will be journalist Samantha Maiden, the journalist who broke the first story about Ms Higgins in 2021.

She has requested she have her own senior barrister, which Mr Bennett said he would oppose, being “irregular and not appropriate.”

Justice Tottle will hear argument on that on Wednesday, and has decided he will also hear from an extra witness — former AFP assistant commissioner Leanne Close.

Ms Higgins’ barrister Rachael Young SC asked to have her called, as they would now not be able to cross examine former chief of staff Fiona Brown about a meeting they all had about Ms Higgins’ complaint in April 2019.

In earlier evidence, former foreign minister Marise Payne claimed she had never seen parliamentary pressure applied so forcefully as the questioning of Ms Reynolds following the revelations of rape made by her staffer.

Ms Payne described her party colleague as a “passionate, committed political leader” who “has placed her stamp on everything that she has done”.

“She has been particularly committed and continues to be particularly committed to the role of women in our political party,” she said.

In early 2021, Ms Payne said she had absolutely no inkling of the scandal about to erupt involving Ms Higgins and her allegations of rape by Bruce Lehrmann that she aired on The Project.

She told the court on reading and hearing the allegations, she had “concern that such alleged events might have taken place in the parliamentary workplace” — but also concern for her colleague.

“It was almost incomprehensible to me that such an appalling act would have taken place in our Federal Parliament House,” she said.

“Absolutely devastating for the individual concerned. And I realised that also there was going to be far more impacts in relation to Senator Reynolds, given what was being reported.

“That was part of my personal reaction as well.”

Then asked about what she witnessed of Senator Reynolds’ reaction, she recalled it was immediate and dramatic. And, that was also because of the intense questioning she received from the Labor side of the parliament.

“Senator Reynolds was put under an enormous amount of pressure by questioning from other sectors, a level of pressure that I have rarely seen before or since,” she said.

“She was so distressed … by the assertions being made about her that she was struggling to respond.

“The level of distress and stress was very significant for her.”

Evidence has been called about Ms Reynolds coming close to collapse on the Senate floor, being excused and then being comforted by Prime Minister Scott Morrison as she lay sobbing.

“I recall seeing the physical trauma in her body from a combination of shaking, of what I regarded as elevated, breathing to physical distress,” Ms Payne said.

“I could see her holding … the desk in front of her and trying to control those, those physical effects. In the depths of great despair about what had been … alleged about her and her actions.”

Another friend, Kate Schulze, also told the court of what she had seen following The Project airing,

“It was a political hit job ... and what was being alleged at the time was just like a complete fabrication,” she said.

“I remember just watching this increasing sort of media pile-on, where it was been some big cover-up in the office and that Linda was as her employer.

“I watched that have an extraordinary effect on my friend.”

Under cross-examination, Ms Schulze was quizzed about the story which revealed that Ms Reynolds had called Ms Higgins a ‘lying cow’ in her office as she watched The Project.

She revealed she had seen the Senator on the day the story was published.

“She was extremely distressed,” Ms Schulze said.

“And the fact that the defamation letter ... the the letter from Britney’s lawyers turned up .. within hours solidified that this was a political hit job.”

In a dramatic development on Monday, it was revealed that Ms Higgins would no longer be called to give evidence in the proceedings launched against her by her former boss.

Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a number of social media posts the pair made in 2022 and 2023.

The posts were critical of Senator Reynolds’ handling of Ms Higgins’ allegation she was raped in Parliament House in 2019 by her then-colleague Bruce Lehrmann.

He was charged with rape and faced trial in 2022, but the trial was aborted due to juror misconduct. The charge was dropped and Mr Lehrmann continues to maintain his innocence.

Mr Lehrmann lost a subsequent civil defamation case in April this year when the Federal Court determined, on the balance of probabilities, that Mr Lehrmann had raped Ms Higgins at Parliament House.

Ms Higgins’ lawyer Rachael Young told the WA Supreme Court on Monday they no longer required Ms Higgins to give evidence.

“The first is, we’re not obliged to go into oral evidence,” Ms Young said.

“The second is, we don’t think we need to call Miss Higgins to satisfy your honour as to the defendant being successful in these proceedings.

“The third is a matter of Ms Higgins’ medical state.”

Confidential medical reports were handed to the court on behalf of Ms Higgins.

Ms Higgins was due to travel from France to Perth to take the witness stand for five days from next Monday.

The senator’s lawyer Martin Bennett told reporters outside of court that his client wanted the truth established and adjudicated by a judge, not for people to talk about their truth.

“It is what it is,” he said.

“(Senator Reynolds) cannot raise it under parliamentary privilege in parliament because there is no way in hell you can test what she says against what Ms Higgins claims is her treatment,” he said.

“It is her word against Ms Higgins, now Ms Higgins isn’t coming.

“I’m sure what Senator Reynolds would be unhappy about is the contest will not be her word against Ms Higgins.

“That’s unsatisfactory. Linda Reynolds has waited years to vindicate her reputation and this is the day but these things happen in trials.”

The trial continues.

with AAP