Last minute evidence tendered in defamation trial between Senator Linda Reynolds and Brittany Higgins

Lawyers for Brittany Higgins and Linda Reynolds have returned to court as the landmark defamation trial between the pair nears its end.

Lawyers for Senator Linda Reynolds and Brittany Higgins have returned to the WA Supreme Court as the blockbuster defamation trial between the pair nears its end.

Last-minute evidence was tendered to the court on Wednesday, before both teams deliver closing statements next week.

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 Mr Lehrmann.

Brittany Higgins and David Sharaz are being sued for defamation by Senator Linda Reynolds in the WA Supreme Court.

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, Mr Lehrmann had raped Ms Higgins at Parliament House.

Ms Higgins defence lawyer Rachael Young argued some of the evidence they put before the court expressed Ms Higgins’ motivation for speaking out publicly about her allegations.

Evidence included communications between Ms Higgins, journalists and a senator, which Ms Young said explained why her client had spoken out.

The senator’s lawyer Martin Bennett objected, but the evidence was accepted by Justice Paul Tottle.

Senator Linda Reynolds’ legal team arriving at the WA Supreme Court. Picture: NewsWire / Sharon Smith

Further evidence put forward by Senator’s Reynolds lawyer Martin Bennett included diary entries which he said showed Ms Higgins and Mr Sharaz working with the Australian Labor Party discussing plans.

Entries also included dinner and drinks with Lucy and Malcolm Turnbull and a reference to buying a white dress, but the evidence was rejected by Justice Tottle.

Mr Bennett presented evidence which he said showed Ms Higgins engaged in counselling with the Canberra Rape Crisis Centre in the weeks after the alleged rape took place.

The court was told during the trial, Ms Higgins was offered counselling through the centre after her chief of staff Fiona Brown took her to the Australian Federal Police to make a complaint.

He said it contradicted a statement made by Ms Higgins during a media interview she gave with news.com.au political editor Samantha Maiden about two years after the alleged incident.

He said during the interview, Ms Higgins stated she had to wait about a month to access counselling through the Employment Assistance Program (EAP).

“It is this failure to mention in The Project interview or to Ms Maiden that she was getting counselling,” he said.

Brittany Higgins’ lawyer Rachael Young outside the WA Supreme Court. Picture: NewsWire / Sharon Smith

The defence argued the statement made by Ms Higgins was in relation to the delay in being able to access the EAP counselling program, which was a different, but Justice Tottle allowed the evidence to be tendered.

Other evidence that was tendered showed text messages between Mr Sharaz and former senator Kristina Keneally.

Mr Bennett said the text messages showed Mr Sharaz prompting Ms Keneally to ask questions in parliament, in conjunction with Ms Higgins.

Other text messages that were tendered included communication between Ms Higgins and her ex-boyfriend Ben Dillaway on April 3, 2019.

Mr Bennett said it showed the pair had gone to dinner and stayed in a hotel on April 3, 2019, after an event Mr Dillaway attended for former senator Steven Ciobo’s retirement.

He said the next day Ms Higgins sent a message to work stating she had a doctor’s appointment.

Justice Tottle will make a decision overnight about whether documents subpoenaed from HBL Ebsworth Lawyers should be used as evidence.

Ebsworth were appointed for Senator Reynolds during Ms Higgins personal injury claim with the Commonwealth.

Mr Bennett argued Ebsworth had not informed the senator of anything during the settlement process, and the documents they subpoenaed showed Ms Higgins had relied on the lying cow comment.

Brittany Higgins’ defence lawyers Kate Pedersen and Rachael Young. Picture: NewsWire / Sharon Smith

He told the court it was breathtaking that they could rely on the comment when it had already been settled with the senator a year earlier.

He said the documents provided evidence that showed the legitimacy of Senator Reynolds fury and that she was justified to refer the matter to the National Anti-Corruption Commission.

Ms Young objected to the documents being submitted, saying they were irrelevant to these proceedings.

Ms Higgins’ confidential medical reports were also tendered to the court with Ms Young telling the judge demonstrated that her client was unfit to give evidence in the proceedings.

But Mr Bennett argued the evidence did not imply Ms Higgins could not give evidence via video link.

Justice Tottle agreed to receive portions of evidence given to other courts in other trials by Ms Higgins involving the rape allegation.

Outside of court, Mr Bennett told reporters that Justice Tottle found there was sufficient evidence that Ms Higgins was not in a fit medical state to give oral evidence.

He said Justice Tottle has allowed the court to rely on portions of transcripts from a statement taken on the Gold Coast, the criminal trial and evidence that went before Justice Lee.

“The debate today some 360 documents were tendered including very important email exchanges and the like,” he said.

“The last matter was whether or not Ms Higgins was required to give evidence.”

The trial continues.

Originally published as Last minute evidence tendered in defamation trial between Senator Linda Reynolds and Brittany Higgins