More pain for Katy Gallagher as Peter Dutton ramps up attack

Anthony Albanese and Tanya Plibersek have been grilled over whether they had prior knowledge of Brittany Higgins’ plan to go public with a rape allegation two years ago.

Leader of the Opposition Peter Dutton is putting the government in the spotlight over what it knew about Higgins’ allegations before she took them public. Picture: NCA NewsWire

Anthony Albanese and Tanya Plibersek have been grilled over whether they had prior knowledge of Brittany Higgins’ plan to go public with an allegation of sexual assault two years ago, as the Coalition returns fire about the handling of the incident.

The Prime Minister did not directly respond to a question about when his office became aware of the alleged 2019 incident, instead highlighting the absence of an explanation from the former Morrison government about when its senior members learned of the matter.

Mr Albanese said unanswered questions about what the office of former prime minister Scott Morrison knew and when went “to the heart” of the original issue.

Asked directly if Senator Katy Gallagher misled the senate when she claimed “no one had any knowledge” of the incident, Mr Albanese said: “no”.

Ms Plibersek, who is now Environment Minister and was a Labor frontbencher in 2021 when Ms Higgins’ went public, said she stood by everything she had said and done in relation to the issue “100 per cent” and accused the Coalition of “missing the point”.

Independent Warringah MP Zali Steggall used Question Time on Tuesday to ask Attorney-General Mark Dreyfus about the legal and privacy implications of private text messages from Ms Higgins’ phone being leaked when they were never presented as part of the aborted criminal trial.

The trial of Bruce Lehrmann ended after juror misconduct and the charge, which he has always denied, was dropped after a second trial was deemed too high of a risk to Ms Higgins’ health and wellbeing.

“As Attorney-General, I am deeply concerned about the apparent unauthorised publication of material produced as a result of a subpoena in the criminal trial of Mr Bruce Lehrmann,” Mr Dreyfus said.

“Material produced to a court in response to a subpoena is subject to an implied undertaking from the parties who receive it that it won’t be used for purposes other than for those court proceedings.

“So the rule known as the Harman rule or the Harman undertaking, to breach it may constitute a contempt of court.”

Mr Dreyfus said he understood the AFP was currently assessing a complaint about the leak.

“In terms of my own portfolio I’d say this: it’s vital that victims of alleged sexual assault have confidence that if they come forward and report what happened to them they will be treated fairly by our justice system,” he said.

“And I would add, all who come forward are entitled to be treated with complete respect by everyone.”

Senator Katy Gallagher arriving in Canberra on Saturday evening. Picture: Liam Mendes

Earlier on Tuesday, the federal Coalition kicked off it’s own grilling of Finance Minister Katy Gallagher in Parliament, asking her exactly when she became aware of Brittany Higgins rape allegations.

Opposition Leader in the senate Simon Birmingham led the charge, pressing Ms Gallagher on details of her involvement with Ms Higgins’ partner David Sharaz.

Ms Gallagher said she became aware of the allegations in the week prior to the allegations being aired on TV but did not recall the exact date.

“From my best recollection, and I have gone back to try and find any information that would assist … But from my best recollection, I became aware of the specific allegations … in the week prior (to publication).”
When asked exactly how Ms Gallagher received a transcript of Ms Higgins interview on The Project, she said she could not breach the confidentially of the person who shared it.

In earlier leaked text messages between Ms Higgins and Mr Sharaz, he claimed he had met with Ms Gallagher and provided her with the information.

The text message exchange also claimed that Ms Gallagher had provided written feedback on the transcript of the interview.

Ms Gallagher refused to answer if she provided feedback on the interview.

“What you’re asking me to do is to disclose information that was given to me and asked to be kept by me in confidence,” she said.

Earlier on Tuesday, Opposition Leader Peter Dutton has called allegations that Finance Minister Katy Gallagher misled parliament over her knowledge of Brittany Higgins alleged rape an “open and shut case” as the Coalition ramps up its attack on the Albanese government.

In what is fast becoming a major crisis for the Labor government, Finance and Women’s Minister Ms Gallagher is being pressured to clarify exactly what she knew about Brittany Higgins’ alleged rape before it became public.

In response, Ms Gallagher has spoken in parliament on Tuesday to reject allegations that she mislead parliament in June 2021 when she told it that “no one had any knowledge” of Ms Higgins’ allegations before they became public.

She said she had been “provided with information” in the days before Ms Higgin’s went public to allege she had been raped by a fellow Liberal staffer in then-defence Minister Linda Reynolds’ office in 2019.

“And I did nothing with that information. Absolutely nothing. I was asked to keep it to myself and I did,” Senator Gallagher said.

The Labor frontbencher has been at the centre of a media storm resulting from the publication last week of leaked text messages between Ms Higgins and her partner David Sharaz.

The messages suggest Mr Sharaz – a former press gallery journalist – had contacted Senator Gallagher before the story broke in February 2021, calling into question Senator Gallagher’s earlier claim that “no one” in Labor had been aware of Ms Higgins’ complaint before it became public knowledge.

During a Senate Estimates hearing in June 2021, Senator Reynolds accused Labor senators of having been secretly briefed on Ms Higgins’ rape allegation before the story broke.

In response to the claim, Senator Gallagher said: “No-one had any knowledge. How dare you. It’s all about protecting yourself.”

Senator Gallagher on Tuesday directly addressed the contested Senate Estimates hearing.

“(Senator Reynolds said) I was told by one of your senators, two weeks before, about what you were intending to do with this story in my office two weeks before,” Senator Gallagher said.

“I was shocked at the assertion made by Senator Reynolds with the clear implication that I was responsible or had some involvement with making that story public.

“That was not true. It was never true.

“And I responded to that. allegation by saying no one had any knowledge. I explained that to Senator Reynolds in a wide-ranging private meeting that night.”

Senator Gallagher said at all times she had been guided by Ms Higgins’ “bravery and courage” in deciding to speak out about her alleged sexual assault in her workplace.

“I have always acted ethically and with basic human decency on all matters related to that, and I will continue to do so,” Senator Gallagher said.

“I take my responsibilities as a senator for the ACT seriously and act with integrity and that integrity is something I’ve displayed throughout my career.

“And can I say to the Senate, we must not lose perspective on what matters here. At the heart of this whole is the wellbeing, or otherwise, of a young woman who came forward and made allegations on her own terms.”

Ms Gallagher also hit back at Morrison government’s handling of the allegations.

“The fact remains that those who owed Ms Higgins the duty of care knew of this for two years,” she told Parliament on Tuesday.

She also defended attacks that Ms Higgins $3m compensation should be referred to the corruption watchdog as Ms Gallagher is the responsible Minister.

But Ms Gallagher said the Minister has no involvement in major compensation claims and she was not involved in the payout.

Mr Dutton told the party room that Labor had “conspired” to leverage the story for political gain.

“It is increasingly clear that a group of Labor operatives conspired to maximise the damage and it was absolutely brazen,” he told his colleagues.

“Katy Gallagher will be given the chance to correct the record today.”

Deputy Leader Sussan Ley accused the Albanese government of having a Minister Women who “politicised an alleged rape”.

“We have a Prime Minister that thinks it’s okay to have a Minister Women who politicised an alleged rape,” she said.

“Had the situation been reversed, there is no way Labor would allow a Liberal Minister to get away with brazenly misleading the senate.”

Mr Albanese has doubled down on his support for his embattled Minister calling the allegations against her “absurd”.
– Additional reporting by NCA Newswire