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Brittany Higgins unavailable as rape trial for Bruce Lehrmann continues

Brittany Higgins was again unavailable to appear in court as the trial for the man accused of raping her continued in her absence.

Trial of man accused of raping Brittany Higgins begins in Canberra today

Brittany Higgins is again unavailable to appear at the ACT Supreme Court today, as the trial for the man accused of raping her in Parliament House continues for a sixth day.

The former Liberal staffer alleges Bruce Lehrmann sexually assaulted her in the ministerial office of Linda Reynolds in the early hours of March 23, 2019.

He has pleaded not guilty to a single charge of sexual intercourse without consent.

As the second week of the trial began on Monday, the jury was told Ms Higgins, who was due to continue facing cross-examination questions from Mr Lehrmann’s lawyer Steven Whybrow, was unavailable.

She was also unavailable on Tuesday.

The case is continuing and witnesses have appeared in Ms Higgins’ absence, but a non-publication order has been placed on what has occurred in court. The order will remain in place until Ms Higgins completes her cross-examination.

Brittany Higgins pictured leaving court on day three of the trial. Picture: NCA NewsWire / Gary Ramage
Brittany Higgins pictured leaving court on day three of the trial. Picture: NCA NewsWire / Gary Ramage

Ms Higgins faced an emotional day of cross-examination last Friday with Mr Whybrow entering a line of questioning that caused her to break down during her third day on the witness stand.

The jury heard that in the days after her alleged assault, Ms Higgins sent a text message to her former chief of staff, Fiona Brown, asking for a day off so she could go see a doctor.

In her previous evidence, Ms Higgins told the court Ms Brown was the first person she had told about the alleged assault.

The court heard the former Liberal staffer never attended the GP appointment, with Mr Whybrow stating the reason for this was that she “hadn’t had sex with anyone on Friday night consensual or otherwise”.

“That’s not true,” Ms Higgins said.

“Mr Whybrow continued, suggesting she told Ms Brown she needed to go to the doctor to “bolster your false accusation that something non-consensual had happened with Mr Lehrmann”.

“Nothing that you are saying right now is true whatsoever and it’s deeply insulting,” Ms Higgins replied.

Bruce Lehrmann arrives with a member of his legal team to give evidence in front of an ACT Supreme Court jury on the third day of the trial on October 06, 2022 in Canberra. Picture: Martin Ollman/Getty Images
Bruce Lehrmann arrives with a member of his legal team to give evidence in front of an ACT Supreme Court jury on the third day of the trial on October 06, 2022 in Canberra. Picture: Martin Ollman/Getty Images

Prior to Ms Higgins’ cross-examination, the jury heard her answer questions from Crown Prosecutor Shane Drumgold about the night at the centre of the trial.

During the first few days of the trial the jury was played two interviews between Ms Higgins and police recorded on February 24 and May 26, 2021.

In the police interviews Ms Higgins detailed her allegations against Mr Lehrmann, including claims that she “felt trapped” and “not human” during the alleged assault.

The jury heard Ms Higgins describing the events of the night leading up to the alleged assault, including being “very, very drunk”.

The jury was also shown CCTV footage from the night of the alleged assault showing Ms Higgins consuming more than 11 alcoholic drinks while out with Mr Lehrmann and other colleagues, and CCTV of the pair entering Parliament House.

Original URL: https://www.news.com.au/national/nsw-act/courts-law/brittany-higgins-unavailable-as-rape-trial-for-bruce-lehrmann-continues/news-story/be62ab35fc0a08bde7b589b251d3cc47