Brittany Higgins claims ‘untenable’ in Bruce Lehrmann rape trial, defence says

Bruce Lehrmann’s barrister said the prosecution case that his client raped Brittany Higgins is ‘untenable’.

Bruce Lehrmann’s lawyers have taken aim at Brittany Higgins’ credibility in the final hours of the rape trial against him.

Mr Lehrmann is accused of raping Ms Higgins in Linda Reynolds’ ministerial office at Parliament House after drinking with work colleagues in March 2019.

He has pleaded not guilty to sexual intercourse without her consent and being reckless to her consent.

In his final argument to the ACT Supreme Court on Tuesday afternoon, Mr Lehrmann’s lawyer Steve Whybrow said “the kindest way” of summing up the case is that “Ms Higgins doesn’t know what happened”.

Brittany Higgins alleges she was raped in Parliament House. Picture: NCA NewsWire / Gary Ramage

“We can't be satisfied beyond a reasonable doubt that she knows what happened,” he told the jury.

He accused Ms Higgins of being “prepared to just say anything” in order to keep her “dream job” working in parliament.

Mr Whybrow told the jury that in the absence of evidence, DNA or medical tests, they could not find Mr Lehrmann guilty.

“It rationally and logically does go to whether you can convict this man on something she said he did,” the defence counsel said.

“She’s someone who is unreliable. Who says things to suit her.”

The accusations came just hours after Crown prosecutor Shane Drumgold told the jury Ms Higgins was a credible witness who “did not falter” in her evidence.

Bruce Lehrmann arrives at court with his solicitor Rachel Fisher. Picture: NCA NewsWire / Ben Appleton

“We submit not a single inconsistency in what she said has been revealed,” he said.

“If this is a fabrication. She appears to be quite the actor.”

Mr Drumgold said that included lying to her own mother, noting that the court had heard evidence from Kelly Higgins that her daughter had become “unfamiliar” to her after the incident.

The Crown submitted to the court that Mr Lehrmann had lied about why he needed to return to Parliament House in the early hours of 23 March 2019.

“(It was) the most convenient place to get the then very drunk and vulnerable complainant alone … possibly with the hope that she would either not resist or not remember,” Mr Drumgold said.

Crown prosecutor Shane Drumgold is closing his case on Tuesday. Picture: NCA NewsWire / Photox / Ben Appleton

“Ask yourself on the back of the complainant’s huge night and clear intoxication … that the accused would firstly take her to Parliament House because she supposedly had some work to do, then left,” he said.

“Leaving her there and apparently turning the lights out as he left.”

Mr Drumgold said the former Liberal staffer had “a right to be scared” by the “strong political forces” while deciding whether to proceed with her rape complaint.

“This is a young lady in the middle of strong political forces, and we say she was right to be scared,” he said.

“She was right to be cautious and we say she was right to move slowly and carefully in handing her life over to the police.”

But Mr Whybrow told the court that claim was “untenable”.

“Where is the evidence that justifies (Ms Higgins) had a right to be scared and there were political forces at play?” he asked the jury.

Bruce Lehrmann’s lawyer Steven Whybrow arrives at court in Canberra. Picture: NCA NewsWire / Joshua McTackett

Both Senator Reynolds and Michaelia Cash, who employed Ms Higgins in 2019 had denied that Ms Higgins’ job was under threat, he said.

“They have denied it, have you heard from anyone there were political forces at play aside from Ms Higgins?” the barrister said.

Mr Whybrow told the court they were here for due process, for the presumption of innocence.

“The case is not about whether (Ms Higgins) made it up, or whether I have convinced you that she has made a false complaint, or fabricated a picture, or told lies … I have no onus, Mr Lehrmann has no onus to prove anything,” he said.

Earlier, Mr Drumgold warned the jury against being distracted by “side issues and red herrings” about book deals, media interviews and political parties.

Brittany Higgins did not appear in court on Tuesday. Picture: NCA NewsWire / Gary Ramage

“This case is not about political movements, not about political parties, and not about workplace culture,” he told the court.

“This case is certainly not about the experiences of other women in parliament or the #MeToo movement.

“This case is about what happened on a couch in a room on Saturday the 23 of March 2019.”

Mr Whybrow will conclude his closing address on Wednesday morning.

From there the jury will retire to consider their verdict after Chief Justice Lucy McCallum completes summing up the case.