Peter FitzSimons subpoenaed to produce documents relating to Brittany Higgins book deal
Nine columnist Peter FitzSimons has been subpoenaed to produce documents relating to the deal – believed to be worth $325K – in defamation action brought by Bruce Lehrmann.
Nine columnist Peter FitzSimons has been subpoenaed to produce documents relating to a book deal he helped secure for former ministerial staffer Brittany Higgins believed to be worth $325,000.
Attempts will also be made to subpoena ABC journalist Laura Tingle and publisher Random House for the production of documents in the defamation action brought by former parliament staffer Bruce Lehrmann against Network 10 and the ABC.
The Federal Court heard on Friday that Parliament House no longer had CCTV footage capturing the evening before Ms Higgins’ alleged Mr Lehrmann raped her in the ministerial office of then cabinet minister Linda Reynolds after a night out drinking with colleagues in the early hours of March 23 in 2019.
Sue Chrysanthou SC, who is acting for The Project host Lisa Wilkinson, questioned whether Ms Higgins’s book deal was relevant, given it was secured after the former staffer went public with allegations of rape in February 2021.
FitzSimons, who is married to Wilkinson, helped Higgins secure the book deal.
“How is it … a book deal has anything … or could possibly have anything to do with [Ms Higgins’] credit,” she said.
Judge Michael Lee said the book deal was sufficiently relevant to the defamation proceedings and allowed the subpoena.
Mr Lehrmann, who has consistently denied the allegations, is suing Network 10 and Wilkinson over an interview with Ms Higgins that aired on The Project in February 2021 detailing allegations of rape but not naming Mr Lehrmann as the alleged attacker.
Mr Lehrmann is also suing the ABC over the broadcast of a National Press Club address given by Ms Higgins, and Justice Lee on Friday stood over a subpoena for Tingle, who hosted the club address on February 9 last year, to produce documents.
The press club promoted sales of tickets to the address that referred to Ms Higgins’ decision to “publicly allege she was raped by a colleague inside Parliament House”.
Mr Lehrmann has claimed the ABC broadcast the press club event with “an improper motive”, namely to prejudice upcoming criminal proceedings against him, and that the broadcaster’s recklessness was so extreme that it amounted to “wilful blindness and constituted malice”.
Ms Chrysanthou said on Friday that the Department of Parliamentary Services said it had no CCTV to produce in response to a subpoena, something the defamation barrister said was concerning.
“We think there should be some explanation as to why that material hasn’t been produced,” she said.
The high-profile trial against Mr Lehrmann was aborted due to juror misconduct, with ACT Director of Public Prosecutions Shane Drumgold announcing on December 2 that he would not pursue a second trial, citing concern for Ms Higgins’ mental health.
Mr Lehrmann had pleaded not guilty to charges of rape and recklessness as to whether Ms Higgins had consent, denying any sexual activity had taken place at all.
Last month Mr Lehrmann dropped legal action against News Corp over articles written on new.com.au.
The matter will next appear before the Federal Court on July 17 for a case management hearing.
Additional reporting: NCA NEWSWIRE
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