Brittany Higgins’ claims in $2.4m compensation payout under fire
The former chief of staff says she was never asked for her response to the allegations before the Albanese government paid Brittany Higgins $2.4m in compensation.
More than a dozen claims made by Brittany Higgins in documents that led to her $2.4m settlement with the commonwealth have been challenged by Fiona Brown, the former chief of staff to then defence industry minister Linda Reynolds.
In an affidavit lodged with the Federal Court, Ms Brown, a key witness in the case, said she was never asked for her response to Ms Higgins’ allegations and was only provided with a copy of the deed of settlement on December 8, the day it was publicly released by the Federal Court.
The development comes as Ms Higgins and her fiance, David Sharaz, flew out of Australia on Monday night, reportedly to live in a house she had bought in the south of France.
The Albanese government paid Ms Higgins $2.445m in a settlement that relied entirely on the former Liberal staffer’s version of events, after a single-day mediation that also excluded evidence from Senator Reynolds.
Ms Brown, who has been giving evidence in the defamation case brought by Bruce Lehrmann against Lisa Wilkinson and Network Ten, said in the affidavit she had never been told that Ms Higgins had alleged in the settlement documents that she had been “victimised” by Ms Brown.
Ms Brown strenuously denied, as she did in court on Monday, that Ms Higgins told her on March 26, 2019, that Mr Lehrmann had sexually assaulted her, one of the central allegations in Ms Higgins’ claim for compensation.
Ms Higgins did not “break down” or cry hysterically during their meeting (in the sense of cried, or cried hysterically), as she alleged in the settlement documents, but rather, “appeared composed”.
Ms Brown denied that she had informed Ms Higgins that Mr Lehrmann had been dismissed and would not be returning, or that she “instructed” Ms Higgins to take the rest of the day off.
Ms Higgins claimed in the settlement particulars that “Ms Brown did not ask (Ms Higgins) if she needed (nor did she offer to provide) any further medical or trauma counselling”.
However, Ms Brown says there was no reason to ask these things “because Ms Higgins did not disclose or allege to me that she had been raped or sexually assaulted”.
Ms Higgins also alleged that Ms Brown didn’t ask her if she wanted to report the sexual assault to police. Again, that was because Ms Higgins hadn’t alleged that she had been sexually assaulted, Ms Brown said.
Ms Brown says she had discussions with Ms Higgins three days later about making a report to police and personally escorted her to report to the Australian Federal Police on April 1, 2019.
Ms Higgins alleged in the documents that Yaron Finkelstein, principal private secretary to then prime minister Scott Morrison, “was a regular presence in Minister Reynolds’ office advising Ms Brown on how to deal with (Ms Higgins) in light of the sexual assault by Mr Lehrmann”.
In her affidavit Ms Brown says she had no discussions with Mr Finkelstein about the matter.
Nor did Ms Higgins ask her if she could view CCTV footage from the visit to Parliament House. “I did not rebuff her as no requests were made. CCTV never came up in conversation with me and Ms Higgins.”
She said Ms Higgins did not raise the issue of leave for her mental health or needing time off work to assist the AFP in its investigation on 11 April 11, 2019. Ms Brown was no longer an active chief of staff on that date.
In her “particulars of liability” Ms Higgins stated: “Ms Brown made it clear by her words and demeanour that the events of 22/23 March 2019 must be put to one side; that the claimant ought remain silent about the sexual assault, in order to keep her job/career.”
Ms Brown categorically denied that she “made it clear” or otherwise that Ms Higgins should remain silent.
“I had sought to support Ms Higgins, not silence her.”
Earlier this month, The Australian revealed that the National Anti-Corruption Commission was now examining a complaint by Senator Reynolds against Attorney-General Mark Dreyfus over his handling of the Higgins settlement, to determine if an investigation should be launched.
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