‘Absolutely no political cover-up’ of Brittany Higgins’ alleged rape
Lisa Wilkinson’s lawyers will not allege Fiona Brown was involved in a ‘systemic cover up of a rape’.
Television presenter Lisa Wilkinson’s lawyers will not allege Fiona Brown was involved in a “systemic cover-up of a rape”, as the ex-Liberal staffer told the court two of Scott Morrison’s ministers ordered her to file a police report while she feared for her job.
Linda Reynolds’ former chief of staff told the court she believed the senator and another Liberal minister, Alex Hawke, were trying to protect themselves when they directed her to report Ms Higgins’ allegation to police.
Towards the end of her cross-examination on Tuesday, performed in front of a small gallery so as not to “exacerbate” her mental health issues, Ms Brown said there was “absolutely” no cover-up of the alleged rape.
“The story wasn’t about the politicians … These were two 23-year-olds and there was no cover-up. The police were consulted, the Department of Finance was consulted, the DPS (Department of Parliamentary Services) knew,” she told the court.
On Tuesday, it was revealed Ms Higgins had departed Australia for a possible new life in France with her fiance David Sharaz, and reportedly purchased her first home in a small village in the south of the country. She was pictured saying goodbye to family and friends at Brisbane airport on Monday night.
Ms Wilkinson told the same court last week she believed both Ms Brown and Senator Reynolds were “knowing participants in a systemic cover-up” which she agreed was a “serious allegation”.
Justice Michael Lee asked on Tuesday: “I can proceed on the basis that no submission will be made that Ms Brown was a knowing participant in a systemic cover-up of a rape allegation?”
Ms Wilkinson’s barrister Sue Chrysanthou SC agreed, saying moments earlier it “turns on my client’s state of mind, not the facts”.
Justice Lee dismissed the witness.
Earlier, Ms Brown had a chance to deny a number of other allegations made by Ms Higgins, including that she told the former staffer her job was at risk and that if she left for a job in the Gold Coast, she “wouldn’t come back”.
Throughout Tuesday’s evidence, Ms Brown was adamant Ms Higgins had never made an allegation of rape to her.
Following a meeting on March 28, 2019, where Ms Higgins told her, “I remember him on top of me”, Ms Brown told the court: “Ms Higgins had a recollection, but didn’t make an allegation.”
Later, when Ms Chrysanthou inquired about why they were considering non-standard working-from-home arrangements for Ms Higgins, she repeated: “She never told me she’d been assaulted”.
“She hadn’t made an allegation to the police but nevertheless it would have been a disruptive and emotional time – being found in a state of undress and your colleagues knowing and your boss knowing,” Ms Brown said.
On Monday, Ms Brown said she thought there was a “possibility” Ms Higgins had been assaulted after she received information from a Parliamentary officer about Ms Higgins being found naked in a ministerial office, and spoke to Mr Lehrmann for the first time, adding she “couldn’t rule it in … (and) couldn’t rule it out”.
The court also heard from deaf British lip reader Tim Reedy who said he believed Mr Lehrmann was “plying the woman (Ms Higgins) with alcohol” after watching portions of CCTV footage of the pair at the pub on the night of the alleged rape, because drinks were “pushed in her direction”. He was “encouraging her, enticing her to drink everything that was on the table”, Mr Reedy told the court.
Shortly after that interaction, Mr Reedy observed in an expert report that Ms Lehrmann asked “drink that all now” and Ms Higgins responded “I don’t want to” in a playful way.
Justice Lee allowed Mr Reedy’s expert reports to be tendered into evidence for Network Ten, after some objection from Steven Whybrow SC who submitted there was no way to test his accuracy.
Mr Lehrmann is suing Ten and Wilkinson over her interview with Ms Higgins on The Project in 2021, detailing accusations that Mr Lehrmann raped Ms Higgins on March 23, 2019, but not naming him as the alleged attacker.
Mr Lehrmann has consistently denied raping Ms Higgins.
Ms Brown said she believed Senator Reynolds and Mr Hawke were “covering themselves” when they ordered her to visit a police station – which would have been in regional NSW at the time.
According to Ms Brown’s notes, Mr Hawke’s chief of staff rang her and said Mr Hawke “wanted the matter reported to the AFP because the ministers are the lawmakers”. She said her understanding was that they had “consideration for themselves but not Ms Higgins.”
“He felt it was best if it went to police and there was no consideration of Ms Higgins,” Ms Brown said.
Ms Chrysanthou said: “You felt they were covering themselves – that’s all they were worrying about?
“Yes,” Ms Brown responded.
She said she was “concerned about inadvertently taking away the rights of Ms Higgins” by going to police herself when Ms Higgins had been “very emphatic” she did not want a police report made.
Ms Chrysanthou finally asked her: “You thought you might be fired because you were refusing to follow … two ministers’ directions?”.
Ms Brown responded: “Yes”.
The court also heard that in their first meeting about the incident – on March 26, 2019 – Ms Brown gave Ms Higgins the number for 1800 RESPECT – a family and sexual violence counselling service.
She said she was instructed to give out that number by the Department of Finance “because of the state of undress” and denied that she wouldn’t have been told to give out that number if Ms Brown had denied anything had happened.
A few days later, on March 31, Ms Higgins met Ms Brown and Senator Reynolds in her private ministerial office.
Ms Chrysanthou asserted: “I want to suggest to you by this point you were in no doubt that it was in that office that Ms Higgins had been found by a security guard naked.”
Ms Brown responded: “We were in no doubt that she had been found naked – according to the DPS, naked; according to Ms Higgins, semi-naked, or semi-undressed, asleep on the couch.”
Ms Brown said Senatoor Reynolds told her she would be supported if she went to police, that she should keep them informed if she did so, and that they could arrange for her to speak with the parliamentary AFP liaison officer.
She denied Senator Reynolds said “I’m sorry, these are things women go through” and “I didn’t think he was capable of this”.
Ms Brown said she told Ms Higgins: “We’ve all been subject to gossip and nonsense, it’s Parliament House”, and that she should not engage in it.
The trial will return on Thursday for closing submissions.
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