Linda Reynolds vs Brittany Higgins: Day 11: Senator’s legal team takes aim at journalist ‘behind’ fundraiser

A bid by Linda Reynolds’ legal team to subpoena a Walkley Award-winning journalist over claims she was behind a fundraiser for Brittany Higgins has been rejected.

Day 11 of the epic Supreme Court battle in Perth also heard the possibility of the outgoing Senator’s former chief of staff Fiona Brown not having to testify in person due to medical reasons that have not been aired in court.

Senator Reynolds’ lawyer Martin Bennett told his clients’ high-stake defamation trial against Ms Higgins on Friday that reporter Nina Funnell was the main force behind the Chuffed campaign that has so far raised more than $51,000.

While it was published by Saxon Mullins, a sexual assault survivor advocate, Ms Funnell established and wrote the #StandWithBrittanyHiggins page, he said.

Both Ms Mullens and Ms Funnell are directors of an organisation called Rape and Sexual Assault Research and Advocacy.

The page went live just as Senator Reynolds began testifying, calling for support for Ms Higgins, saying “Brittany, who is pregnant, needs our support now more than ever.”

“This fundraiser is to provide additional support for Brittany Higgins’ ongoing medical, counselling and legal costs,” the page reads.

Mr Bennett revealed that Ms Mullins swore in an affidavit that Ms Funnell decided against placing the fundraiser online at the last minute.

That was because she “felt that she might not be able to cope if her support of Ms Higgins brought her under attack by Senator Reynolds’ lawyers”, so Ms Mullins posted it instead.

In seeking to bring Ms Funnell to the witness stand, Mr Bennett also pointed to her post on social media platform X on Friday morning linking to another Chuffed fundraiser, this time for Ms Mullens.

“BREAKING: Linda Reynolds’ lawyer is trying to pull Saxon Mullins into court. Saxon has nothing to hide, but has had to engage her own lawyers at her own cost - all for launching a fundraiser for a fellow survivor. So now it’s my turn to help Saxon!” it reads.

Supreme Court of WA Justice Paul Tottle suggested these were “outer periphery” issues but Mr Bennett argued that it could go to a course of conduct that he argues constitutes grounds for aggravated damages to be awarded to his client.

Mr Bennett said that his team accepted Ms Mullens did not have contact with Ms Higgins’ legal team and did not need to attend court. But he wanted to find out if Ms Funnel’s actions were “done at the urging or in concert with Ms Higgins”.

Justice Tottle, however, refused the application.

The court then turned to the matter of evidence by Ms Brown, who testified at Bruce Lehrmann’s Federal Court defamation case against Network Ten and Lisa Wilkinson in a closed-door session in December.

Ms Higgins’ lead counsel Rachel Young has been given Ms Brown’s medical documentation to read over the weekend that is subject to a strict confidentiality order.

She said that if the tenor of it was consistent with what she had been told - and had no reason to believe otherwise - she was not going to oppose Ms Brown being released from giving evidence in person.

“We certainly don’t wish to cause distress to Ms Brown by having her called to give evidence,” Ms Young said.

While a redacted affidavit was mentioned, what may be given in lieu of evidence in person will be decided next week.

The potential for the plaintiff’s case to close on Wednesday and for Ms Higgins to give evidence two days early was flagged by Mr Bennett, if Ms Brown’s scheduled appearance is dropped.

But Justice Tottle said he imagined there would be logistical issued with bringing forward Ms Higgins, who now lives in France.

Earlier, Senator Reynolds’ Tasmanian colleague Wendy Askew, the chief opposition whip in the Senate, took the stand via videolink, testifying that Ms Higgins’ alleged rape left the 59-year-old battling to perform in Parliament and forced to take leave.

That was especially the case in 2021 when news of it broke.

“She’s had times where she’s said ‘I can’t do it. I can’t get through the day’,” Senator Askew said.

She touched on how the controversy, whereby Senator Reynolds was criticised for her handling of Ms Higgins’ complaint, played out in parliament.

“Over the course of those few days when the issues started to arise in regard to Ms Higgins, I was very conscious of the questions being asked relentlessly ... the aggressive behaviour,” Senator Askew said.

“Even the mannerisms across the chamber were just heartless.

“It really did take a toll on her.

“She was unwell for a while and ongoing ... she was certainly very distressed about the situation.”

One day Senator Reynolds was asked a question about a portfolio she was responsible for and “just couldn’t seem to get the words out”, ultimately leaving the chamber “quite distressed”.

“She was visibly upset and I think she asked for it to be taken on notice,” Senator Askew said.

Retired Liberal MP Steve Irons also briefly took the stand, describing how Ms Higgins was “friendly, personable, always good natured” when he saw her at Liberal booths for pre-election campaigning.

David Goode, the Liberal candidate for Burt in 2019 and 2022, also described Ms Higgins favourably, saying she was “delightful, charming, happy” and “gregarious” when he saw her at campaign events.

The defamation claim is based on social media posts in 2022 and 2023 that the former minister says damaged her reputation.

Mr Lehrmann was charged with rape and faced trial in 2022, but it was aborted due to juror misconduct.

The charge was dropped and he continues to maintain his innocence.