Witnesses who attended social gatherings on and before the night of Brittany Higgins’ alleged rape gave evidence yesterday in the Federal Court of Australia.
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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