Courageous truth or fiction: Linda Reynolds’ defamation trial probes Brittany Higgins saga

Is Brittany Higgins a “fairytale” spinner or a courageous woman who exposed a political cover-up?

A Supreme Court judge is set to make that evaluation after overseeing a high-profile defamation case launched by Senator Linda Reynolds against her former staffer.

The trial, which is due to resume on Monday, has re-examined the alleged rape of Ms Higgins at Parliament House in 2019 and subsequent events including her decision to publicise her claims two years later.

Senator Reynolds’ lawyer Martin Bennett said Ms Higgins and her husband David Sharaz created a “fictional story of political cover-up” that cast the senior Liberal as a villain in a bid to harm her.

He said the “fairytale” included allegations of ill-treatment, ostracism, bullying, harassment and threatening conduct.

Mr Bennett also alleged the recently-married couple courted journalists Lisa Wilkinson on Network Ten’s The Project and Samantha Maiden from News Corp and planned for the story’s release during a parliamentary sitting week.

He said nothing justified Ms Higgins’ version of events.

“It’s a mishmash and overlay of things ... reflecting that in 2021, Ms Higgins reconstructed in her mind a sequence of events she used to damnify my client,” he said.

Ms Higgins alleged she was raped by fellow staffer Bruce Lehrmann in Senator Reynolds’ ministerial suite in March 2019.

Lehrmann has always denied the rape allegation and his criminal trial was derailed by juror misconduct.

Ms Higgins’ lawyer Rachael Young SC said her client had found the “courage” to speak up about the alleged rape and workplace culture at Parliament House.

“Whether or not you agree with how Ms Higgins chose to exercise her agency and how she found her voice is beside the point,” she said.

“It’s her voice to her agency. It’s her trauma. It’s her choice as to how she healed.

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

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

But she said that “damage” had nothing to do with Ms Higgins’ social media post two years later or a conspiracy.

“It’s a bold allegation ... two young adults in their 20s plan to bring down the Liberal government,” she said.

More than 20 witnesses, including former prime minister Scott Morrison and former foreign affairs minister Marise Payne, have given evidence in the Western Australian Supreme Court trial.

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

“It was the weaponising of this issue for political purposes to discredit both Senator Reynolds ... and the government and, by extension, myself,” he said.

Ms Payne said she had rarely seen political attacks of such force and Senator Reynolds endured an “enormous amount of pressure” in parliament.

“It was deeply disturbing, deeply troubling to see your friend and colleague appear in such a situation,” she said.

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

“It was almost incomprehensible to me that such an appalling act could have taken place in our federal parliament,” she said.

Senator Reynolds’ partner Robert Reid was teary-eyed in the witness box as he recalled her diagnosis of cardiac issues after she was rushed to a hospital emergency ward in pain following a torrid session in the Senate.

Mr Reid said the “vitriolic” social media targeting of the senator was relentless and left her feeling disturbed.

He recalled how the senator felt “stupid” after she learned about Ms Higgins and Mr Sharaz’s alleged plan to promote their accusations of a political cover-up.

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

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

“Especially galling because Lisa Wilkinson had not asked Linda for any comment, much less wanting to know her side of the story,” Mrs Reynolds said in a witness statement.

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

The senator’s parents said their daughter was “badly affected by going from a person who was universally loved and respected to becoming a pariah”.

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

Senator Reynolds claims her suffering has been compounded by Ms Higgins’ social media posts which she says carry imputations that she harassed her former staffer, mishandled her alleged rape, wants to silence sexual assault victims and engaged in questionable conduct during Lehrmann’s aborted criminal trial.

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

She also pointed to Senator Reynolds’ conduct during Lehrmann’s trial and said she backgrounded media about Ms Higgins.

The same defence is being employed for Ms Higgins’ rape mishandling accusation, with Ms Young telling the court the senator withheld information from the former staffer but shared it with others, and provided inadequate counselling and work options.

The defence also relies on qualified privilege, fair comment and honest opinion and says Ms Higgins was reacting to and speaking about issues of public interest.

Ms Higgins, who is pregnant, was expected to testify but late in the trial, Ms Young told the court she could win the case without doing so, whilst also raising concerns about her client’s medical condition.

Senator Reynolds’ former chief of staff Fiona Brown was also unable to testify, citing poor health.

The trial continues on Monday, with closing submissions set down for three days.

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