Linda Reynolds’ lawyers granted access to Brittany Higgins’ phone records

Tim Clarke
The Nightly
The bitter legal brawl between Brittany Higgins and Senator Linda Reynolds has escalated amid claims of unreported legal documents.
The bitter legal brawl between Brittany Higgins and Senator Linda Reynolds has escalated amid claims of unreported legal documents. Credit: The Nightly

Lawyers for outgoing WA Senator Linda Reynolds have been given access to the entire download of Brittany Higgins’ phone — all 56,000 pages of it — as they ramp up preparations for their looming defamation battle.

In another pre-trial skirmish before the scheduled trial beginning on August 2, lawyers for both Ms Higgins and Ms Reynolds made a brief appearance before WA’s Supreme Court on Monday afternoon.

That hearing was unusually cordial, with concessions on both sides about timings of affidavits being sent back and forth.

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Martin Bennett, Ms Reynold’s barrister, said that the Senator’s recent presence in Washington as an envoy attending the NATO summit had stymied some of the trial preparation.

But he said that would not mean the main court event being delayed. And neither would the arrival his chambers of the entire, vast Cellebrite forensic report into the contents of Ms Higgins’ phone.

Part of that report was produced and published during the defamation trial of Bruce Lehrmann, who claimed his own defamation and damages against Network Ten over Ms Higgins’ interview on The Project.

He lost that case, and in doing so was said by Federal Court Justice Michael Lee to be a rapist, on the balance of probabilities.

Now, a different judge in a different court and jurisdiction is set to be asked to rule on another ripple from that initial accusation of rape, said to have occurred in Senator Reynolds’ office in March 2019.

Senator Reynolds alleges that a series of social media posts by Ms Higgins were posted with the aim of deliberately damaging her reputation, following a “concerted plan” hatched alongside her now husband David Sharaz.

Mr Sharaz has also been sued and told the court he won’t be defending that accusation.

But while he won’t be a defendant, he will be a central figure in the evidence to come — which will now include excerpts from Ms Higgins’ iPhone.

Outside court, Mr Bennett said that massive download was a legal “haystack”. But he said they had already identified documents that could be useful.

Last week, the more detailed claims set to be made by Ms Reynolds in the trial were revealed.

“They were published in furtherance of a plan by the defendant and Mr Sharaz to use the defendant’s allegations of a rape … and the political coverup of the same as a weapon, to inflict immediate political damage,” the claim states.

It also said that Ms Reynolds was “hospitalised as a result of the stress caused by the Project broadcast and the aggressive questioning of her in the Senate … which was a direct consequence of the conduct of the defendant.”

She alleges Ms Higgins “taunted” her with various social media posts, and breached a non-disparagement agreement.

And she also dropped names – claiming that Ms Higgins’ now husband David Sharaz “facilitated meetings (with) various members of the Labor Party … including (then) Senators Leader of the Opposition Anthony Albanese and Tanya Plibersek MP, former Liberal Prime Minister Malcolm Turnbull and former Labor Prime Minister Kevin Rudd.”

High-profile witnesses set to give evidence at the trial include former Prime Minister Scott Morrison, Senator Michaela Cash and Senator Wendy Askew.

Since Ms Reynolds’ statement of claim was lodged last month, more allegations are believed to have been added, including of “tortious conspiracy”, which if proven could lead to a potential payout of aggravated damages.

In a statement about the trial, a spokesperson for Ms Higgins said she had been steadfast in her “truth” about the aftermath of her alleged rape in Parliament House.

And in a less controversial social media post on Sunday, Ms Higgins and Mr Sharaz revealed they’re expecting their first child.

“Can’t wait to meet you,” they wrote,

“Beyond excited to welcome a new member to our little family. Your parents are already obsessed with you and you aren’t even here yet.”

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