Higgins to keep $2.445m compensation payment despite judge finding basis for claim was ‘untrue’
Rape victim Brittany Higgins will keep the $2.445 million compensation payment she received from the government despite Justice Michael Lee finding that the basis for her claim, that there had been a political cover up of her assault, was “untrue.”
NSW
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Rape victim Brittany Higgins will keep the $2.445 million compensation payment she received from the government despite Justice Michael Lee finding the basis for her claim, that there had been a political cover up of her assault, was “untrue.”
Legal sources have told The Daily Telegraph that Justice Lee’s finding against Bruce Lehrmann in the Federal Court has no binding power over Ms Higgins, who was a witness in the case, and she can keep the money.
Lawyer and legal commentator Sam Macedone said the judgment had in fact opened the way for more legal action including from Ms Higgins former boss Fiona Brown.
“I certainly don’t think this is the end but just the beginning because it has revealed a lot of what Justice Lee calls rabbit holes that need to be investigated,” he said.
“Given what Justice Lee has said it does appear to give Fiona Brown an opportunity to place a workers compensation claim of her own.”
Two senior former judges, retired WA Supreme Court judge Kenneth Martin KC and former NSW Supreme Court judge Anthony Whealy KC, have called for Ms Higgins’ compensation payment to be referred to the National Anti-Corruption Commission for investigation.
Their call came after Justice Lee found Ms Higgins made a string of false claims about her time in Senator Linda Reynolds office that resulted in her receiving the $2.445 million payment for her loss of earning capacity for the next 40 years, legal costs, hurt, distress and humiliation.
Justice Lee was critical of Ms Higgins interview with Lisa Wilkinson on The Project which focused on the suggestion that her rape allegation had been covered up by Ms Reynolds and her chief of staff Fiona Brown.
The Justice said he “unhesitatingly” preferred the evidence of Ms Brown over that of Ms Higgins and that the evidence was “entirely at odds with the notion of an attempt being made to cover up an allegation of rape by discouraging it to be reported to the police.”
Ms Higgins received the payment after more than 11 months and seven separate legal advices which a spokesman for Attorney-General Mark Dreyfuss refused to discuss.
“The terms of settlement and the claim was managed in accordance with legal principle and practice and informed by external legal advice,” he said.
The Daily Telegraph made a Freedom of Information request for the legal advice that led to Attorney-General Mark Dreyfuss signing off on the payment and after multiple delays the information was recently released entirely blacked out.
Senator Linda Reynolds welcomed Justice Lee’s findings and vowed to continue her defamation action against Ms Higgins and her fiance David Sharaz in the Western Australian Supreme Court later this year.
“The decision of his Honour Justice Lee has finally set the record straight with respect to the conduct of Ms Brown and myself and the demonstrably false narrative that has dominated headlines and ruined lives and careers,” she told The Australian.
“For three years I have endured intense public scrutiny, vilification, vile trolling and have been demonised as the villain in a story of a political cover-up I have always known to be untrue. Fiona Brown and I have lost our careers, had our reputations destroyed and have had our health seriously and irreparably compromised,” she said.
The NACC said it did not provide information or comment on any complaints referred to it.
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