Brittany Higgins takes the stand in Bruce Lehrmann trial
Brittany Higgins has taken the stand on the second day of the trial for the man accused of raping her at Parliament House in 2019.
Brittany Higgins has taken the stand on the second day of the trial for the man accused of raping her at Parliament House in 2019, facing questions about her claim he had “made a pass” at her at a previous work event.
While on the stand the former political staffer was also shown CCTV of her out drinking with colleagues including Mr Lehrmann on the night at the centre of the Supreme Court trial, and questioned over the number of drinks she had consumed.
Bruce Lehrmann has pleaded not guilty to one count of sexual intercourse without consent against Ms Higgins in the early hours of March 23, 2019.
Director of Public Prosecutions Shane Drumgold began by questioning Ms Higgins about when she first moved to Canberra.
Ms Higgins said she first relocated to Canberra in 2018 from the Gold Coast after getting a job with former Minister for Defence Industry Steven Ciobo.
The court heard that after it became clear he would not be recontesting the election, Ms Higgins said his ministerial team were left in “limbo land” between jobs, which is when she reached out to Senator Linda Reynolds’ media adviser to ask about possible job opportunities.
As part of the questioning, Ms Higgins was asked about the night Mr Lehrmann allegedly attempted to kiss her during her first few weeks working for Senator Linda Reynolds.
Ms Higgins said she and Mr Lehrmann had been at work drinks at the Kingston Hotel and they were both leaving the venue at the same time, about 9 or 9.30pm.
“At that point he made an approach at me and attempted to kiss me. I rebuffed the kiss, mostly out of shock. I wasn’t anticipating it,” she said.
The court heard that Ms Higgins believed Mr Lehrmann was “kind of embarrassed” and then left.
CCTV played of Higgins’ night of drinking
While Ms Higgins was in the witness box, the court was shown a compilation of CCTV from the night of March 22, 2019.
The footage started at The Dock bar in Canberra, showing Ms Higgins arriving at the venue in a white cocktail dress and greeting a group of defence industry contacts she was acquainted with.
The footage showed Ms Higgins going to the bar when she arrived and purchasing a drink, which she told the court would either have been vodka diet coke or a vodka lime and soda.
The CCTV then documents Ms Higgins having four alcoholic drinks before Mr Lehrmann arrives at the bar at 8.39pm with Austin Wenke, former press secretary to Peter Dutton.
The footage showed the pair purchasing a drink at the bar before moving to a different table, which Ms Higgins eventually joins.
Ms Higgins and the accused are then seen in the video attending the bar together and ordering drinks.
When asked by the crown prosecutor who paid for those drinks, Ms Higgins said “I believe Mr Lehrmann did but we will see who passes over the card.
The footage shows the accused appearing to hand his card over to the bar staff. The prosecutor said this was Ms Higgins’ sixth drink of the night.
Mr Drumgold then asked Ms Higgins what her level of intoxication was at this point in the night.
“At six or seven drinks in, quite high, or getting there,” she told the court.
Mr Drumgold told the court that he realised playing the CCTV from the bar and showing each drink purchased by or for Ms Higgins was “laborious” but it was important to the narrative of what happened later in the night when the alleged assault occurred.
When the CCTV footage reached 11pm, the crown prosecutor once more asked Ms Higgins what her level of intoxication was at this point in the night.
“I have seen myself stumble a little and start swaying, so getting pretty high,” Ms Higgins told the court.
At 11.22pm in the CCTV footage the court saw there were two drinks in front of Ms Higgins on the table, with the former Liberal staff member telling the court she believes she drank both drinks.
The crown prosecutor told the jury that at 11.50pm discussions were had about leaving the venue, at which point Ms Higgins was seen consuming her drink “in one gulp”, Mr Drumgold told the court.
The jury heard this was Ms Higgins’ 11th alcoholic drink in the about four hours she had been at the venue.
When asked if she had ever consumed that amount of alcohol in that space of time in her previous adult life Ms Higgins said “no”.
The court adjourned shortly after 4pm on Wednesday.
Ms Higgins will return to the witness stand tomorrow morning, with the rest of the CCTV compilation to be played before the jury.
Claim accused had ‘made a pass’ before
The jury had first heard of Ms Higgins’ claim Mr Lehrmann had tried to kiss her in the past earlier on Wednesday when the court was played footage of her second recorded police interview in May of 2021.
Ms Higgins was asked by the police interviewers if she recalled anything that she had forgotten to mention in the first interview.
The jury heard Ms Higgins say that Mr Lehrmann “made a pass and tried to kiss me” after a work event.
She told the police she didn’t think it was worth while noting in the first interview as she had rebuffed him and they “moved on”.
“We never really talked about it again,” she said on the recorded interview.
Ms Higgins said the alleged attempted kiss occurred as they were both leaving a work dinner at the Kingston Hotel, with the court hearing the accused allegedly leant in to kiss her as he was about to get into a taxi.
“I remember I was shocked because he leant forward into my face,” she said.
Ms Higgins told the police that it didn’t feel like a “massive deal” at the time, which is why she didn’t think to mention it in her first interview.
It is the first time during the trial Ms Higgins has taken the stand.
On day one of the trial, the former political staffer was seen wiping away tears when she appeared to the court via video link from a remote room within the ACT Supreme Court.
Mr Drumgold asked Ms Higgins if it was correct that she had sat down with the police and participated in two recorded interviews.
“Yes, that is correct,” Ms Higgins said.
The court was then played the video of Ms Higgins’ first recorded police interview, which took place on February 24, 2021.
The court was shown 38 minutes of the police interview, with the rest played to the court today.
After the video was shown, monitors in the courtroom switched back to Ms Higgins who had red eyes and was seen wiping her face multiple times.
She could be heard sniffling before her microphone was muted.
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