Brittany Higgins rape trial: Jury told of texts, CCTV to be presented as evidence

Details of text messages and CCTV to be presented as evidence in the Brittany Higgins trial have been shared with the jury.

Details of text messages and CCTV to be presented as evidence by the prosecution have been shared with the jury in the trial for Bruce Lehrmann.

Both the defence and prosecution detailed messages between Brittany Higgins and former colleagues detailing the night of the alleged assault at the centre of the Supreme Court trial, which began today before Chief Justice Lucy McCallum.

Mr Lehrmann is accused of one count of sexual intercourse without consent against Brittany Higgins in Parliament House on March 23, 2019. He has pleaded not guilty to the charge.

Director of Public Prosecutions Shane Drumgold delivered his opening remarks, with the jury hearing what evidence will be presented by the prosecution throughout the trial.

CCTV footage from inside The Dock in Kingston, where Ms Higgins and Mr Lehrmann were drinking with colleagues on the night of March 22, 2019, will be shown as evidence in the case.

CCTV footage of the accused and Ms Higgins entering and leaving Parliament House will also be played as evidence, the jury heard.

Mr Drumgold said text messages between Ms Higgins and her former colleague, former Liberal staffer Ben Dillaway would also been presented as evidence.

In the March 26, 2019 messages, Ms Higgins told Mr Dillaway she didn’t remember getting to Parliament House “at all” and that she only “vaguely” remembered being there, the jury heard.

Mr Dillaway asked if she “hooked up in there” to which Ms Higgins text back saying she was “barely lucid”.

“I don’t feel like it was consensual at all. If he thought it was OK why did he just leave me there like that,” the text message from Ms Higgins read, the jury heard.

Brittany Higgins arrives at court flanked by her lawyer Leon Zwier (right) and Victims of Crime Commissioner Heidi Yates (left). Picture: Gary Ramage/NCA NewsWire

In his address, Mr Drumgold said CCTV evidence will show Ms Higgins had around 10 drinks at The Dock bar, with Ms Higgins placing her intoxication at 70 per cent when leaving the venue.

The group she was with, which included Mr Lehrmann, then left the bar and entered another venue, 88mph.

At this venue, Ms Higgins says she remembers having one shot, the Crown prosecutor said.

The jury was told that Ms Higgins remembered being embarrassed after falling on her knees at the club, with Mr Lehrmann allegedly helping her up.

“She says at that was the point she knew she had to leave because she was as drunk has she had ever been in her life,” Mr Drumgold told the court.

The footage will allegedly show Mr Lehrmann buying Ms Higgins a number of drinks at The Dock bar, though the prosecution said it is not their case that the accused set out to get Ms Higgins drunk.

The court heard the level of the complainant’s intoxication will be used to argue her absence of consent.

The crown prosecutor told the jury they should expect to hear evidence from the accused saying he did not have sex with the complainant.

Defence warns of ‘trial by media’

The defence, Barrister Steven Whybrow, made his opening remarks to the jury following the Crown prosecution.

He told the jury that it was “necessary to provide some context in this case”, before quoting American writer Mark Twain.

“Mark Twain once said, never let the truth get in the way of a good story,” Mr Whybrow said.

The defence told the jury they would be played two recorded interviews between the police and Ms Higgins throughout the trial, saying the occurred against the backdrop of the allegations being aired in the media.

Mr Whybrow said this is why he said to never let the truth get in the way of a good story.

He told the jury that the allegations made by Ms Higgins and the media attention it received had become an “unstoppable snowball” that “could not be stopped by something as mundane” as the facts in this case being “not true”.

The defence told the jury that by the time the story had broken, “no formal complaint had been made” by Ms Higgins.

“The trial by media was well and truly under way,” he told the court.

“(Mr Lehrmann) is called the accused because today, in this courtroom, the rule of law finally had to be applied to these allegations and complaints made by Ms Higgins.”

Mr Whybrow said Mr Lehrmann had denied the crime he had been accused of and was therefore innocent until proven guilty.

Bruce Lehrmann is accused of sexual assault. Picture: Gary Ramage/NCA NewsWire

The jury was told not to follow along with the media surrounding this case, a direction which the defence barrister said would be like ignoring the “elephant in the room”.

He said if Ms Higgins had made a formal complaint to the police before first going to the media then she “wouldn’t have been able to put this fantastic story out”.

“Her allegations have not yet been tested, let alone proved,” Mr Whybrow said.

In his address to the jury, Mr Whybrow said in Ms Higgins' texts to Mr Dillaway the court would see she made no reference to the alleged assault over the course of the weekend.

He said the messages will show her talking about her university work and that she needs to stop partying so hard.

Mr Whybrow said over the course of those messages Ms Higgins “made no suggestion whatsoever that anything untoward had happened”.

The defence barrister made reference to the conflicting accounts between Ms Higgins and the security guard that found her in then defence minister Linda Reynolds’ office the morning after the alleged assault.

He said it was of “fundamental and central importance” as to whether Ms Higgins was found naked as the security guard had claimed or whether she was found with her dress scrunched up around her body, as Ms Higgins had said.

“The issue in this case is the credibility and reliability of Ms Higgins,” Mr Whybrow told the jury.

CCTV to show late-night Parliament House arrival

During the prosecution’s opening remarks, the court heard the group stayed at the club until 1.30am, with Ms Higgins saying Mr Lehrmann suggested they share a taxi, though he had to stop in at Parliament House to pick something up for work.

CCTV will show the pair arriving at Parliament House at 1.41am on March 23, 2019.

The prosecutor said Mr Lehrmann spoke with security via intercom, telling them he worked for then Senator Reynolds and had been requested to pick up some documents but had forgotten his pass.

Security guard Nikola Anderson said she didn’t realise how intoxicated Ms Higgins was until she was attempting to put back on her shoes after having to take them off when going through the security scanner, the crown prosecutor said.

The jury heard Ms Higgins said she was “falling all over the place” and couldn’t sign her own name on the register.

The register will allegedly show that Mr Lehrmann signed for both of them.

The pair were then escorted to Senator Reynolds' office, with CCTV showing they arrived at the room at 1.48am.

In his recorded police interview, the accused said after entering his office he went to his desk, got what he needed, ordered himself an Uber and left, the prosecutor told the court.

Ms Higgins said she remembered sitting in the support staff area before ending up on the couch in Ms Reynolds’ office, though she doesn’t remember how she got there, the court heard.

Mr Drumgold said the court would hear that the next thing Ms Higgins remembered was the accused being on the couch and the accused having sex with her.

The jury heard she was anticipated to give evidence that she was “shocked awake” by a pain in her leg from being crushed during the alleged assault.

The prosecutor said the complainant said she was crying throughout the entire process and said no “at least a dozen times”.

Brittany Higgins arrived with her partner and her lawyers at court in Canberra. Picture: NCA NewsWire / Gary Ramage

Jury of 10 men, six woman selected

Earlier, a list of high-profile witnesses including journalists and politicians was read out to the 16 jurors selected this morning.

Ahead of the jury selection process, Chief Justice McCallum urged potential jury members to disclose whether they had attended the March for Justice rally at Parliament House or followed Ms Higgins on Twitter.

While having attended the march or following Ms Higgins on Twitter wouldn’t automatically preclude them from serving on the jury, they should consider whether they would be able to remain impartial during the trial.

During the jury empanelment, Chief Justice McCallum asked the potential jurors to consider whether they could remain impartial throughout the proceedings given the nature of the accusations.

“If you have a preconceived view about the case, which you do not believe you can stand back from and impartially consider the evidence, you should come forward and tell me that,” she said.

The jury selection process was finalised shortly after 11am, with 10 men and six women selected to oversee the trial.

Chief Justice McCallum welcomed the jury members to the court and called a 20-minute break.

High-profile witnesses revealed

The names of high-profile political staffers, politicians and journalists were read out to jurors as part of the prosecution’s 52-person witness list.

Witnesses include The Project’s Lisa Wilkinson and news.com.au’s Samantha Maiden, Coalition Senators Linda Reynolds and Michaelia Cash, and former prime minister Scott Morrison’s former chief of staff John Kunkel.

The first piece of evidence that will be played for the jury will be a recording of a police interview with Ms Higgins.

Chief Justice McCallum said this was “standard practice” and said there may then be further evidence from Ms Higgins before she is cross-examined by Barrister Steven Whybrow, who is acting for Mr Lehrmann.

Jury members were also cautioned against letting media attention around the case impact their judgments.

“I would be surprised if you hadn’t become aware of the fact this is a trial that has attracted a fair amount of publicity,” Chief Justice McCallum said.

The jury was told it was important to put this out of their mind, with the judge reminding them they each swore an oath or affirmation to provide a true verdict according to the evidence.

Justice McCallum said the jury must judge only on the facts of the case.

“It is entirely up to you what evidence you accept and what evidence you don’t accept,” she said.

Mr Lehrmann arrived at the ACT Supreme Court at 9am on Tuesday. Ms Higgins arrived shortly after at 9.30am, with her partner David Sharaz walking behind her.

Ms Higgins made a formal complaint to the Australian Federal Police in June 2021 after coming forward with her allegations in February that same year.

At the time she was a staff member for former Defence Minister Linda Reynolds and claims the alleged assault took place in her office.

Proceedings are expected to run between four and six weeks.