Labor demands answers over Brittany Higgins investigation
Labor is demanding answers from the Morrison Government about an investigation following the alleged rape of Brittany Higgins.
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Labor is demanding answers from the Morrison Government about an investigation into who knew what and when in the Prime Minister’s office over the alleged rape of Brittany Higgins.
It comes after fresh revelations over the evidence of AFP Police Commissioner Reece Kershaw.
Former Liberal staffer Brittany Higgins alleged she was raped in 2019 by a colleague in the parliamentary office of her then-boss Linda Reynolds.
Secretary of the Department of the Prime Minister and Cabinet Phil Gaetjens is probing who in the Morrison Government knew about it and what they did but his inquiry was sensationally suspended in March on the advice of the AFP commissioner.
The AFP police commissioner has written to the Senate to clarify contradictory evidence he gave into why and how the investigation was paused and who he called before clarifying earlier evidence to Parliament in March.
At the time, there was also a question over whether the AFP formally advised Mr Gaetjens to suspend his inquiry on the grounds it could interfere with the AFP investigation or simply strongly advised Mr Gaetjens to do so.
Labor Senator Kristina Keneally told news.com.au the new letter reveals that Commissioner Kershaw was called by the head of the Prime Minister’s department Phil Gaetjens before he put out a statement backing his version of events.
“AFP Commissioner Reece Kershaw today confirmed that Scott Morrison’s hand-picked political fixer, the head of PM&C Phil Gaetjens, contacted him a few hours after the Commissioner answered questions about the alleged rape of Ms Brittany Higgins in Minister Linda Reynolds’ office and what the Prime Minister’s office knew about the allegations,’’ Senator Keneally said.
“Shortly after that phone call from Mr Gaetjens, Commissioner Kershaw released a statement “clarifying” and contradicting evidence he had just given hours earlier.
“This astonishing disclosure from Commissioner Kershaw demonstrates the extent of the Morrison Government’s efforts to cover up the facts around the alleged rape of Ms Higgins, just metres from the Prime Minister’s office.”
“This is the cover-up of the cover-up, and of an alleged rape no less. Why can’t Mr Morrison just tell the truth?”
In the new letter, obtained by news.com.au, Commissioner Kershaw writes that he wishes to correct his earlier recollection that it was he who called Mr Gaetjens before releasing a statement clarifying his evidence.
“I write to you concerning evidence provided in my capacity as Commissioner of the Australian Federal Police (AFP) at the Senate Estimates (Spillover) Hearing before the Legal and Constitutional Affairs Committee on 14 April 2021,’’ he said.
“In the context of responding to a number of detailed Questions of Notice I have carefully reviewed the Hansard record and I have become aware of the need to correct the response I made to a line of questioning from Senator Keneally.”
During the April exchange, Senator Keneally repeatedly pushed him on whether he was contacted before he put out a statement clarifying earlier evidence in the inquiry into who knew what and when in the PM’s office about the alleged rape.
Senator Keneally: Were you contacted by anyone from the Prime Minister’s
office, from Prime Minister and Cabinet, from Mr Gaetjens to discuss your
testimony between the time you finished giving it and when you put out the
statement at 2.01pm?
Mr Kershaw: No. I made that contact
Senator Keneally: You made that contact? Who did you contact?
Mr Kershaw: Yes. I advised the secretary that I was putting out a media statement-based on what I’d read of his evidence-to clarify.
Senator Keneally: To clarify your evidence?
Mr Kershaw: To clarify the situation, and that’s what I did.
But Mr Kershaw now says it was Mr Gaetjens who contacted him.
“After receiving a number of detailed Questions on Notice from Senator Keneally about the date and time of all contact with certain department officials and ministerial offices, I sought advice from my staff to confirm details of relevant communications,’’ Commissioner Kershaw said in the new correspondence,’’ he writes.
“Following my appearance at Estimates on 22 March 2021, I intended to contact Mr Gaetjens. My recollection was that I called him. Following a check of AFP records, it was in fact Mr Gaetjens who called me.”
The political probe into who knew what and when about the alleged rape of Brittany Higgins was sensationally suspended in March on the grounds it could interfere with the police investigation.
At the time, Commissioner Kershaw put out a clarifying statement after speaking to Mr Gaetjens.
“I have examined Mr Gaetjens’ opening statement of evidence to Senate Estimates,’’ he said.
“I confirm I informed Mr Gaetjens on 9 March it was strongly advisable to hold off finalising the records of interviews with staff until the AFP could clarify whether the criminal investigation into Ms Higgins’ sexual assault allegations may traverse any issues covered by the administrative process he was undertaking.
“I support his decision to put on hold the process of finalising his inquiry.”
Phil Gaetjens revealed he secretly paused the probe on March 9.
“On the 9th of March, the AFP Commissioner informed me it would be strongly advisable to hold off finalising the records of interviews with staff until the AFP could clarify whether the criminal investigation into Ms Higgins’ sexual assault allegations might traverse any issues covered by the administrative process I was undertaking,’’ Mr Gaetjens said.
“On the 9th of March, because of the Commissioner’s advice, I emailed the Prime Minister’s office staff to tell them that I would be not completing the documentation, as per the commissioner’s advice, and at that same time, I also told the Prime Minister of that, just in case his staff asked him any questions as to what was going on.”
But despite questions in Parliament about the probe at the time, the Prime Minister never revealed the inquiry had been paused or delayed on the basis of AFP advice.
Critically, Mr Morrison told Parliament he had not provided any “update” on Mr Gaetjens’ report, despite the March 9 discussions with his office revealed in Senate estimates.
“He has not provided me with a further update about when I might expect that report, but I have no doubt the opposition will be able to ask questions of him in Senate estimates next week, which is the appropriate place where those matters can be raised with the secretary of my department,’’ Mr Morrison said.
News.com.au has previously reported that despite the PM’s claim nobody knew about the alleged rape, a senior staffer had discussions with a friend of Ms Higgins and that he texted her in 2019 to confirm the discussion had taken place.
Defence Minister Linda Reynolds’ former chief of staff who now works for Mr Morrison also knew of the allegations.
The PM’s chief of staff John Kunkel and another man were involved in handling the aftermath of “an incident” in the office but both insisted they never knew it involved an alleged rape.
The government is facing scrutiny over its internal reporting mechanisms, with revelations Home Affairs Minister Peter Dutton found out about the allegation four days before the Prime Minister said he knew.
Mr Dutton joined a group including Ms Reynolds, Ms Cash, House Speaker Tony Smith, and Senate President Scott Ryan, who knew about the alleged rape before Prime Minister Scott Morrison.
Former Special Minister for State Alex Hawke was also contacted over the termination of the male staffer.
Ms Higgins filed an official police complaint over the alleged rape to the AFP in February. The investigation is ongoing.
Mr Gaetjens’ investigation into who knew what in the Prime Minister’s office is expected to report this year.
Originally published as Labor demands answers over Brittany Higgins investigation