Brittany Higgins has been called as Network Ten’s first witness in the Lehrmann v Network Ten defamation trial.
The legal teams of Network Ten and The Project journalist and presenter Lisa Wilkinson began presenting their case at the Federal Court of Australia on Tuesday, with former Liberal staffer Brittany Higgins giving evidence in the witness box in the closing minutes of the hearing.
Women’s Agenda is covering the 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.
Today, Higgins has continued answering questions from Network Ten’s barrister Dr Matt Collins KC. Here’s what we know so far.
The first meeting
This morning, Higgins told the court that she actively pursued a job in Minister of Defence Linda Reynold’s office in early 2019, when it was announced her former boss Steve Ciobo would be leaving Parliament.
She recalled that she met Minister Reynolds’ media advisor Nicky Hamer at the Kingston Hotel in early 2019 to discuss the possibility of joining the Reynolds team as an assistant media advisor. Other staffers were at the Kingston Hotel, including Bruce Lehrmann.
At one point in the evening, Higgins told the group she wanted to leave. Lehrmann then took her phone “in jest”, hoping she would stay.
Higgins: “I was told to stay for another drink.”
Collins: “Who told you to stay for another drink?”
Higgins: “Mr Lehrmann.”
Higgins said she had had “too much to drink” and could no longer drive, so taking her phone meant she couldn’t order an Uber. She believes that’s why Lehrmann took her phone “in jest” that night.
The second meeting
Higgins believes it was Friday 15 March 2019 that she encountered Bruce Lehrmann in a social setting for the second time – again, at the Kingston Hotel, the regular spot for Minister Reynolds’ team.
After dinner and a few drinks, Higgins left the venue to wait for her Uber or taxi. Lehrmann followed, also waiting for his own Uber or taxi, Higgins told the court.
“While I was waiting for the cab or Uber, Mr Lehrmann came up to me,” she recalled in court.
“He came into my space, and he tried to kiss me on the lips.”
Higgins then apologised and said no. She said that he seemed embarrassed, and she felt embarrassed too.
Higgins: “I just naturally thought I did something to give him the wrong impression. I felt embarrassed by the whole thing. I don’t know why I felt embarrassed. I shouldn’t have. But I was.”
The alleged rape
Higgins has begun giving details of the night she alleges Bruce Lehrmann raped her in Parliament House.
It was Friday 22 March 2019, and she was attending a social drinks at the Dock Hotel in Canberra, which Higgins also saw as a “networking opportunity”.
To prove she was “more than a receptionist” to her team in Minister Reynolds’ office, she invited members on the team, including Lehrmann.
At the Dock Hotel, Higgins said she had 11 alcoholic drinks, according to CCTV footage she watched during the criminal trial that was abandoned last year.
Higgins said she spoke with Lehrmann when he arrived at the Dock Hotel, as well as at the bar, where she recalled he bought her a drink. Higgins said it was “the nicest he had even been to me”.
Higgins: “I felt like I was no longer his secretary. I felt like his equal.”
When the group “kicked on” to a Canberra night club, 88mph, Higgins said he was quite drunk at this point. She then recalled that Lehrmann was “handsy” at the nightclub, but she tolerated it.
Higgins: “I didn’t push him away. I didn’t snap at him. I was dealing with him touching me. I didn’t want it, but I was tolerating it.”
Higgins said she got into the Uber from the nightclub with Lehrmann because someone in the group suggested to, since they lived close to each other. When Lehrmann said he needed to pick up something from work, Higgins does not recall what it was he needed.
After describing her recollections of walking through Parliament House with Lehrmann into Minister Reynolds’ office, a teary Higgins then went into detail of the alleged rape.
“I told him no on a loop. I don’t know how many times I said it.”
“It didn’t matter that I was talking or awake. It just felt like he was doing it… I didn’t matter.”
Higgins will continue to give evidence for today’s hearing, before cross examination commences.
Recap of yesterday
Tuesday’s hearing at the Federal Court saw the cross examination of Bruce Lehrmann continue – this time with a cross examination from both Network Ten’s lawyer, Dr Matt Collins KC, and Wilkinson’s lawyer, Sue Chrysanthou SC.
Several key facts were revealed during the cross examination, including Channel Seven paying Lehrmann’s rent for 12 months as part of the agreement for the “bombshell” Spotlight interviews from this year.
Chrysanthou: “And it was part of the agreement, isn’t it, that you were paid for 12 months of accommodation by Channel Seven?”
Lehrmann: “Yes, yes that’s what I get. For filming in those places.”
Chrysanthou tendered “receipts” from subpoenas revealing Channel Seven’s payment of Lehrmann’s rent, in exchange for “all information, documents, video and photographs” requested by the media outlet.
However, Lehrmann said he did not provide those – only the Spotlight interview with journalist Liam Bartlett. Lehrmann confirmed that the network “handles the accommodation arrangements”.
Chrysanthou: “You don’t know how much you were paid.”
Lehrmann, referring to the “receipts”: “I’ve never seen that.”
If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732
In an emergency call 000.