Senator Linda Reynolds ‘shaking’ after grilling on Brittany Higgins rape claim, defamation trial told
Senator Linda Reynolds was warned by Kimberly Kitching that the government would ‘weaponise’ Brittany Higgins’ rape allegation, a WA court has heard.
Breaking News
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News.
A court has been told Linda Reynolds was warned by Kimberley Kitching that Labor was going to “weaponise” Brittany Higgins’ rape allegation, as a major defamation trial between the senator and her former staffer continues.
Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a number of social media posts the pair made in 2022 and 2023.
The posts were critical of Senator Reynolds’ handling of Ms Higgins’ allegation she was raped in Parliament House in 2019 by her then-colleague Bruce Lehrmann.
He was charged with rape and faced trial in 2022, but the trial was aborted due to juror misconduct. The charge was dropped and Mr Lehrmann continues to maintain his innocence.
Mr Lehrmann lost a subsequent civil defamation case in April this year when the Federal Court determined, on the balance of probabilities, that Mr Lehrmann had raped Ms Higgins at Parliament House. He is appealing the decision.
‘BROUGHT TO HER KNEES’
Senator Anne Ruston told the court she lived with Senator Reynolds while they were in Canberra, telling the court she knew of the 2019 security breach in Parliament House but was not aware of the details.
“Senator Reynolds never discussed the details with me other to say there was a security breach,” Senator Rushton told the court.
“She did not identify who was involved.”
Senator Ruston told the court she became aware of the allegations in the days before The Project was televised.
She said some of the detail she was provided caused her concern, and said she was surprised at how Senator Reynolds was portrayed in the interview and subsequent media reports.
“I had no idea at all about the extent of the allegations,” she said.
Senator Ruston told the court her colleague always put her staff first, and any suggestion that she would have not done everything she could to support someone in her office was not the person she knew.
She described Senator Reynolds as someone who was respected, was strong, compassionate and was the kind of person she had great admiration for.
Over a number of days and weeks during the “sustained attack in the media and parliament”, Senator Ruston said she found it horrifying because it was so far from the truth of Senator Reynolds’ character.
“It had a profound attack on her mental and physical health,” she said.
“The strongest women was brought to her knees under relentless attacks.”
Senator Ruston said after a few days Senator Reynolds became inoperable and couldn’t complete her duties at work and couldn’t sleep.
‘POLITICAL HIT JOB’
Senator Reynolds’ friend Kate Schulze took to the witness stand where she told the court the senator was warned by Kimberley Kitching about a potential weaponisation of the allegation.
Ms Schulze told the court Senator Kitching, who has since died, told Senator Reynolds the government were going to weaponise something that happened in her office against her, but did not provide more detail.
Ms Schulze told the friend she was later horrified when she saw the fallout from the Project interview and described it as a “political hit job.”
“I know from the type of person Linda was that it was a complete fabrication,” she said.
Ms Schulze said she watched the fallout have an extraordinary effect on the senator that enormously exacerbated through those first few weeks.
“It was horrible to watch,” she said.
Ms Schulze told the court the senator could see people texting each other in the chamber while she faced intense questioning.
At the time, Senator Reynolds had a lot of regard for Ms Higgins’ agency, the court was told, and Ms Schulze could see her friend become more physically anxious.
“You could see it in her posture, you could see it at the end of sitting days it was not something you expected to see her in,” she said.
“The media were taking photos of her in the supermarket, she didn’t want to go at that point.
“We organised with a mutual friend for her to spend time in Melbourne … to get some space to recover.”
TWITTER ARMY OF FAKE BOTS
Justice Tottle told the court a number of posts made on X (formerly Twitter) could be categorised as a “Twitter army of fake bots.”
He said similar wording and the desperate geographical locations suggested they were unlikely to be genuine posts or commentary made by individuals.
“They have the hallmark of activity of an attack,” he said.
Justice Tottle said it was criminal for a person to interfere with the course of justice or to deter a witness.
He said any attempt to influence him on social media would be an exercise in futility.
“Any attempt made by any person to interfere with the justice will be a contempt and will be punishable,” he said.
LEANNE CLOSE TO BE CALLED AS A WITNESS
Justice Tottle has allowed the defence to call former Australian Federal Police assistant commissioner Leanne Close to give evidence.
She is expected to take the witness stand on Thursday.
Ms Young had raised concerns that a statement in Ms Brown’s evidence claimed she was not present during key parts of a meeting with Ms Close and Senator Reynolds on April 4, 2021.
She said they were deprived an opportunity to test Ms Brown’s recollection of events, and they would like to call Ms Close to test that evidence.
SENATOR ‘SHAKING’ AFTER QUESTIONS
Earlier in the day, former foreign affairs minister Marise Payne told the court she witnessed Senator Reynolds “shaking and holding tightly to her desk after intense questioning in the senate over the allegation.
Ms Payne told the court on Tuesday she first became aware of Ms Higgins’ allegations through the news.com.au article and The Project interview on February 15, 2021.
Ms Payne said the issues raised in the interviews were a significant concern.
She told the court she was concerned as a senior member of the government that the alleged events had taken place in the parliamentary workplace, and involved a young woman working in Parliament House.
“Ms Higgins’ experience was almost incomprehensible to me, that this occurred in Parliament House, but absolutely devastating for the individual concerned,” she said.
Ms Payne recalled contacting Senator Reynolds as she was concerned about the allegations made against her.
Ms Payne said she observed the senator was trying very hard to respond in the most appropriate way at the time, but it was deeply concerning for her, and she was very distressed.
She said the senator was under an enormous amount of pressure from other senators in the Senate Chamber.
“A level of pressure I had rarely seen before or since,” she said.
“There is no question the chamber is meant to be a place of debate and contest, but it was a significant amount of pressure.
“The level of distress and stress was very significant for her, it is very hard to describe unless you have had the experience.”
Ms Payne told the court she recalled Senator Reynolds was shaking and was holding extraordinarily tightly to the desk in front of her.
“It was most unusual for the woman I had known for three decades,” she said.
Ms Payne said the allegations had continued to have an enormous impact on her from 2021 and revisited when social media posts were made.
She said they were very distressing for the senator, because she was made to go through those experiences again.
Ms Payne told the court she first met Senator Reynolds almost 30 years ago, through their involvement in the Liberal Party.
She said the senator was a passionate political leader, particularly committed to the role of women in the Liberal Party, as well as in the Australian Army, and had placed her stamp on everything she had done.
Ms Payne told the court the period between 2019 and 2021 was a high-pressure time in government, as they changed the Indo Pacific strategy and navigated the Covid-19 pandemic.
When questioned by defence lawyer Rachael Young, Ms Payne said she spoke to Senator Reynolds while she was on sick leave and there were times she was determined to get back to her ‘old self’ and others when she was distressed.
She said there were times when the senator had wanted to come back to work but it wasn’t linear and was impacted by the external environment.
She told the court that the senator had raised concerns with her about social media posts and she had seen media reports over a number of years.
SOCIAL MEDIA BOTS POSE CONTEMPT RISK
Mr Bennett raised an issue with Justice Paul Tottle about messages that appear to have been created and shared on social media by bots that appear to be in contempt of court.
The court was told one of the posts stated: “You will be held accountable if Fiona Brown does not give evidence”.
“They are bots rather than genuine,” Mr Bennett said.
Mr Bennett told the court a similar issue occurred during Bruce Lehrmann’s defamation trial before Justice Lee, and asked Justice Tottle if a warning could be issued to people transmitting the bots.
Justice Tottle said some of the messages originated in Wyoming, New Jersey and Osaka and shouldn’t risk diminishing the court.
He asked to see how the matter was handled during Lehrmann’s trial before any warnings are issued.
HIGGINS DROPS BOMBSHELL
Ms Higgins’ lawyer Rachael Young told the WA Supreme Court on Monday they no longer required Ms Higgins to give evidence.
“The first is, we’re not obliged to go into oral evidence,” Ms Young said.
“The second is, we don’t think we need to call Miss Higgins to satisfy your honour as to the defendant being successful in these proceedings.
“The third is a matter of Ms Higgins’ medical state.”
Confidential medical reports were handed to the court on behalf of Ms Higgins.
Ms Higgins was due to travel from France to Perth to take the witness stand for five days from next Monday.
The senator’s lawyer Martin Bennett told reporters outside of his client wanted the truth established and adjudicated by a judge, not for people to talk about their truth.
“It is what it is,” he said.
“(Senator Reynolds) cannot raise it under parliamentary privilege in parliament because there is no way in hell you can test what she says against what Ms Higgins claims is her treatment,” he said.
“It is her word against Ms Higgins, now Ms Higgins isn’t coming.
“I’m sure what Senator Reynolds would be unhappy about is the contest will not be her word against Ms Higgins.
“That’s unsatisfactory. Linda Reynolds has waited years to vindicate her reputation and this is the day but these things happen in trials.”
The trial continues.
Originally published as Senator Linda Reynolds ‘shaking’ after grilling on Brittany Higgins rape claim, defamation trial told
US envoy presses Israel-Hezbollah truce bid in Lebanon visit
US envoy presses Israel-Hezbollah truce bid in Lebanon visit
Read more
Sweeping changes to national investment fund
The Albanese government is announcing sweeping changes to Australia’s sovereign wealth fund, to “maximise its role” for the future.
Read more