Linda Reynolds sues Tanya Plibersek for defamation over Brittany Higgins comments
The Liberal Senator has taken legal action against the Environment Minister, claiming Ms Plibersek defamed her in a TV interview about Brittany Higgins.
Liberal Senator Linda Reynolds has taken legal action against Environment Minister Tanya Plibersek, claiming Ms Plibersek defamed her in a television interview by stating she had “covered up” Brittany Higgins’ alleged rape.
In a defamation concerns notice obtained by The Australian, Senator Reynolds accused Ms Plibersek of making false statements throughout the Channel 7 interview, that implied she had acted inappropriately during the investigation of Ms Higgins’ allegations and had attempted to “hide the commission of a criminal offence.”
During the interview, which aired on Monday morning, Ms Plibersek stated: “The central point here is that a young woman made an allegation that she had been sexually assaulted in her workplace and that it had been inappropriately investigated, even covered up by her employers.”
Ms Plibersek went on to say Senator Reynolds was aware of the “Brittany Higgins allegations’ ... years before” and said she was “the boss of both people involved”, according to the concerns notice.
“Collectively your comments are plainly defamatory of my client, including but not limited to express references to my client as being responsible for the ‘cover up’ of a crime,” the concerns notice read.
Ms Higgins has accused fellow former Liberal staffer Bruce Lehrmann of raping her in the office of Senator Reynolds in 2019. Mr Lehrmann has always maintained his innocence.
When Ms Higgins went public with her allegation that she was raped by Mr Lehrmann, she was highly critical of Senator Reynolds’ handling of the alleged assault, alleging the minister and her staff had failed to support her in the aftermath or properly investigate the incident.
Senator Reynolds claimed that by making the comments, Ms Plibersek had conveyed the defamatory imputations that Senator Reynolds had “acted to conceal or hide the commission of a criminal offence” and had “acted inappropriately during the investigation of the Brittany Higgins’ allegations.”
“Each of the above imputations are totally false, without basis and constitute serious defamations of my client,” the notice read. “You have portrayed an inaccurate and harmful depiction of my client that has prompted damaging speculation amongst the public as to my client‘s conduct.“
While the maximum award for damages and non-economic loss from a defamatory publication is $443,000, Senator Reynolds gave Ms Plibersek the option to “make amends.”To do so, Ms Plibersek must provide a signed apology, retract her comments, pay Senator Reynolds’ legal costs and pay an “appropriate sum to compensate my client for the damage caused by the publication” within 28 days.
When asked for comment, Ms Plibersek told The Australian: “I received this interesting letter today.”
Asked whether she would be issuing an apology to Senator Reynolds or be aiming to make amends, she said: “As far as I‘m concerned, all legal options are on the table.”
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