Former senator Brian Burston kissed staffer, put money down her top, court told
Brian Burston, who Pauline Hanson accused of being sexually abusive, asked his staffer if she had breast implants, court hears.
A former senator repeatedly kissed his young female staffer on the lips, attempted to shove money down her top, constantly touched her legs, dress and jewellery, and asked if she had breast implants, a court has heard.
Fresh details of Brian Burston’s alleged sexual abuse of two of his former female staff members – Terri-lea Vairy and Wendy Leach – were revealed on Tuesday, in a preliminary hearing for an appeal between Mr Burston and One Nation leader Pauline Hanson.
Senator Hanson last year was ordered to pay Mr Burston $250,000 in damages for defaming him on the Today Show by falsely claiming he sexually abused a female staffer in his parliamentary office.
Justice Robert Bromwich last October ordered Senator Hanson pay the penalties after “seriously damaging” Burston’s reputation.
However, throughout the appeal she will argue Mr Burston so often engaged in inappropriate conduct that any of her claims could not have caused any damage to his reputation.
On Tuesday, Senator Hanson’s barrister Sue Chrysanthou SC told the court Mr Burston, a former One Nation senator, directed his chief of staff to interview staffer Ms Vairy about her sexual relationship with another senator.
That interview was allegedly illegally recorded and transcribed by Mr Burston, who then leaked it to the press. He printed out a copy of the media report, posted it on the wall of the office and left it there, which was “humiliating” for Ms Vairy.
“Mr Burston seemed to see nothing wrong with humiliating Ms Vairy,” Ms Chrysanthou told the court. “It was an error for (Justice Bromwich) not to take it into account, as … this amounted to the abuse of his staff member.”
The original defamation suit was launched in June 2020 what Mr Burston said were false claims of sexual harassment made against him on social media, via text and on television. He said the statements unfairly painted him as a sexual harasser, and someone who brought the senate into disrepute.
In the primary trial, Mr Burston denied wiping blood across Senator Hanson’s door, however once CCTV footage showed him doing so, he “reluctantly” admitted he had, Ms Chrysanthou said.
She also made brief reference to former Liberal staffer Brittany Higgins, who was allegedly raped inside Parliament House.
“This happened in the beginning of 2019, well before what then occurred in Canberra two years later … with the other information that came out,” she said.
As well as making untrue claims that Mr Burston sexually abused a female colleague, Justice Bromwich found Senator Hanson also falsely claimed he had assaulted One Nation chief of staff, James Ashby, without provocation in the great hall of parliament.
The incident was photographed and filmed, Ms Chrysanthou said, and clearly showed Mr Burston attempting to harm Mr Ashby.
“Mr Burston became enraged and he knocked the phone out of Mr Ashby’s hand … and (there was) a second incident when he pushed him against the wall,” Ms Chrysanthou said.
Ms Chrysanthou argued during trial Mr Burston “rarely gave a truthful answer when it came to his conduct towards these women.”
She said Mr Vairy was found by Justice Bromwich to be a credible witness.
“Not only was she credible and reliable but she was profoundly distressed in discussing these issues, she said.
“(She was) humiliated, demeaned she was crying in the witness box. Given His Honour accepted Ms Vairy as a credible witness, that doesn’t sit with the finding that there was no sexual abuse proved.”
Mr Burston’s barrister Nicholas Olsen argued that while the former senator may have conducted himself poorly, it did not constitute sexual abuse.
“It was inappropriate conduct, it was wrong, it was inexcusable but it wasn’t that (sexual abuse),” he said.
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