Reynolds facing lawsuit over ‘lying cow’ jibe on Higgins

Linda Reynolds faces defamation action for “belittling” and “demeaning” Brittany Higgins by calling her a “lying cow” in her office, unless she publicly apologises to her former staff member.

Alleged rape victim Brittany Higgins says Defence Minister Linda Reynolds’ language in calling her a ‘lying cow’ is inexcusable.

Linda Reynolds faces defamation action for “belittling” and “demeaning” Brittany Higgins by calling her a “lying cow” in her office, unless she publicly apologises to her former staff member.

The Australian can reveal Ms Higgins’ lawyers have today issued a legal demand to the Defence Minister, calling on her to publicly withdraw the comments and apologise for the “hurt and distress caused” by her “malicious” remarks.

The legal action comes after revelations in The Australian that the Defence Minister, who is on medical leave, made the comments in an open-plan area of her parliamentary office in the wake of Higgins’ revelations she was sexually assaulted in Parliament House.

In the letter, sent to Senator Reynolds today, Higgins’ lawyer, Rebekah Giles, of reputational risk firm, Company Giles, described the remark as a “distasteful character assassination”.

“Self-evidently, this demeaning and belittling statement, in which you refer to our client as a member of the animal kingdom and declare her to be untruthful, is highly defamatory of our client’s good character and unblemished reputation,” Ms Giles wrote.

“The cavalier manner in which those words were spoken make it plain that they were not spoken privately or in confidence.

“You are also aware that this distasteful character assassination of our client has been republished widely causing her immense hurt and distress.”

The legal letter states that Ms Higgins reserves her rights to commence legal action and states that the letter constitutes a Concerns Notice under Australian defamation legislation.

“The Prime Minister today confirmed that you have apologised to your staff members to whom the words were spoken to and acknowledged your disgraceful comments as “inappropriate and wrong,” Ms Giles wrote.

“Our client is appalled that an apology has not been extended to her.

“We are instructed to demand that you issue an immediate and unequivocal public withdrawal of your comments and apology to our client for the hurt and distress caused.”

Ms Giles also represented Greens Senator Sarah Hanson-Young in her defamation action against former Liberal Democrat Senator David Leyonhjelm.

Prime Minister Scott Morrison said the comments were “offensive and wrong” and revealed he had spoken to the minister on Thursday morning about the remarks.

But he said she should not have to resign for making the comments and said it had been a “very traumatic several weeks for many people.”

“First, she has already spoken to her staff and apologised for those comments. So she knows those comments to have been inappropriate and wrong,” Mr Morrison said.

“And I share her view, obviously, about that. The second point is they were made in her private office in a stressful week. They weren’t made in a public place and nor were they intended for that. That doesn’t excuse it, not for a second. She made the appropriate apologies to her staff and rectified that.

“The third one I want to be very clear about is she was not making those comments, as she said to me this morning, in relation to the allegation of sexual assault. She was not saying that about that, at all.”

Mr Morrison reiterated that the comment was made in a “private place.”

While Senator Reynolds could claim qualified privilege for making the comments in the privacy of her office, The Australian reported that she made them in the open part of her office on February 15.

The comment was overheard by several staff members, including some on secondment from the Department of Defence.

In a statement, Senator Reynolds said she had never questioned Ms Higgins’ account of her alleged sexual assault and have always sought to respect her agency in this matter.

“I did however comment on news reports regarding surrounding circumstances that I felt had been misrepresented,” she said.

“I have consistently respected Ms Higgins’ agency and privacy and said this is her story to tell and no one else’s.

“Ms Higgins’ allegations are very serious and that is how they must be treated to ensure her legal rights are protected. I welcome her decision to progress this matter with the Australian Federal Police.”

Senator Reynolds declined to comment on the legal letter.

‘Incredibly hurtful’: Higgins responds to ‘lying cow’ jibe

Brittany Higgins, the former Liberal staffer to whom Defence Minister Linda Reynolds referred as a “lying cow” in front of staff after she went public about an alleged rape in Parliament House, says the language is inexcusable.

In her first comments responding to Senator Reynolds’ comments, revealed exclusively in The Australian, Ms Higgins said: “The comments made by Minister Reynolds are incredibly hurtful.

“I appreciate that it has been a stressful time but that sort of behaviour and language is never excusable. It’s just further evidence of the toxic workplace culture that exists behind closed doors in Parliament House.”

Ms Higgins said Senator Reynolds had not apologised to her for the comments.

Morrison slams Reynolds remark

Scott Morrison has declared his Defence Minister Linda Reynolds should never have made “offensive” remarks by referring to her former staffer Brittany Higgins as a “lying cow”, as she faces fresh scrutiny over her future in cabinet.

The Prime Minister confirmed The Australian’s story on Thursday, revealing Senator Reynolds was heard calling Ms Higgins a “lying cow” in her open office after she went public about an alleged rape in Parliament House, and lashed them as “inappropriate and wrong”.

While he did not go as far as saying Senator Reynolds should resign as Defence Minister, the revelation places Mr Morrison under further pressure following weeks of scrutiny over his government’s handling of Ms Higgins’ alleged sexual assault.

“I spoke to Senator Reynolds this morning about this matter,” Mr Morrison said.

First, she has already spoken to her staff and apologised for those comments. So she knows those comments to have been inappropriate and wrong … And I share her view, obviously, about that. The second point is they were made in her private office in a stressful week. They weren’t made in a public place and nor were they intended for that. That doesn’t excuse it, not for a second. She made the appropriate apologies to her staff and rectified that.

“The third one I want to be very clear about is she was not making those comments, as she said to me this morning, in relation to the allegation of sexual assault. She was not saying that about that, at all.

The Prime Minister has confirmed The Australian’s story on Thursday, revealing Linda Reynolds was heard calling alleged rape victim Brittany Higgins a “lying cow”. Picture: Gary Ramage

“Her comments, she said to me, related to the further commentary about levels of support provided and her frustrations about how she felt that they were doing everything they believed in their power to provide support. Clearly, over a period of time there was a very different view about that. And we’ve acknowledged that, and that’s why we’re addressing the issues the way that we are.”

Senator Reynolds made the comment in the open part of her office on February 15 and it was heard by several staff members, some of whom are public servants on secondment from the Department of Defence.

The allegation will put renewed pressure on Senator Reynolds, who is on medical leave until next week, as some of her parliamentary colleagues and defence industry figures question whether she should remain in her portfolio.

The Australian understands staff expressed concerns to superiors that the Defence Minister’s comments were inappropriate. Senator Reynolds later addressed her staff to apologise for remarks she said had been made during “a stressful time” for everyone in the office.

Asked if Senator Reynolds should resign, Mr Morrison responded: “She has deeply regretted them (those remarks). She made them in a private office. She immediately apologised, well soon after I should say.

“It’s been a very traumatic several weeks for many people, people directly involved by these events who are our primary concern. But equally, there are others who have been drawn into this. They’re human beings. They say things that sometimes they deeply regret. I’m sure that all of you have found yourself, at a time of frustration, perhaps saying things you regret.

“And I would simply ask you, given the comment was made in a private place, that you offer the same generosity to how you perceive something you might have said and perhaps apply the same standard to Linda Reynolds who, at the time, was under significant stress. She deeply regrets it. They were offensive remarks. She should never have made them. I don’t condone them.”

Reynolds releases statement

Senator Reynolds released a statement late on Wednesday saying she had never cast doubt on Ms Higgins’ account of her alleged rape but conceded she made remarks about news reports “regarding surrounding circumstances that I felt had been misrepresented”.

The Defence Minister did not deny referring to her former staffer as a “lying cow”.

“A report in The Australian attributed some remarks to me regarding the very serious allegations made by my former staff member, Ms Brittany Higgins,” Senator Reynolds said.

“I have never questioned Ms Higgins’ account of her alleged sexual assault and have always sought to respect her agency in this matter.

“I did however comment on news reports regarding surrounding circumstances that I felt had been misrepresented.

“I have consistently respected Ms Higgins’ agency and privacy and said this is her story to tell and no one else’s.

“Ms Higgins’ allegations are very serious and that is how they must be treated to ensure her legal rights are protected. I welcome her decision to progress this matter with the Australian Federal Police.”

Reynolds’ career is done: Lambie

Tasmanian Senator Jacqui Lambie has urged Senator Reynolds to resign in the wake of an allegation she called her former staffer a “lying cow”.

“She’s gone this morning, she needs to resign immediately,” Senator Lambie told Sky News.

“She’s not coming out and denying that, now she’s trying to smooth it over and throw it somewhere else.”

“I think she’s finished, her career is done.”

Senator Jacqui Lambie. Picture Getty

Calls for Reynolds to give statement to parliament

Labor’s senate leader Penny Wong has urged Senator Reynolds to “respond publicly” to the allegations.

“I think it would have been far better for her to have given a full, clear statement to the Senate about this matter,” she told ABC Radio.

“I have found many of Minister Reynolds’ explanations confused. She’s had to come back into the parliament on more than one occasion to correct answers she has given,” Senator Wong said.

Frydenberg plays down comment

On Thursday, Josh Frydenberg played down the comment. Asked on ABC radio about Senator Reynolds’ reply which did not deny the allegation, the Treasurer said “she didn’t say that she did either.”

“That is the speculation in the media. The key point is she said she has never challenged Brittany Higgins’ version of events,” he said.

“I’m not going to speculate on speculation. That’s what’s been reported, but that’s not what Linda Reynolds said,” he told ABC TV.

Senator Linda Reynolds wipes a tear during Question Time in the Senate on February 18.

Senator Reynolds offered Ms Higgins an unreserved apology.

Senator Reynolds faces scrutiny over her initial handling of Ms Higgins’ rape allegation as well as her failure to tell Scott Morrison of the incident for nearly two years. Labor and the Greens have questioned what she knew, and when, about the alleged rape. Ms Higgins said it occurred on March 23, 2019, after a night out drinking with colleagues.

The incident was largely handled by Senator Reynolds’ former acting chief of staff Fiona Brown. The alleged perpetrator, a former colleague of Ms Higgins who also worked for Senator Reynolds, was sacked within days of the incident for a “security breach” before the rape allegation had been made.

Senator Reynolds, who was defence industry minister at the time of the alleged sexual assault, said she became aware of Ms Higgins’ story “incrementally, over a period of days”. She said she and Ms Brown moved quickly to ensure the former media adviser was given access to the police if she wanted to make a complaint.

“In terms of the actions taken by my then chief of staff and by me in the days and weeks that followed Brittany’s alleged assault, we at all times followed the advice of ministerial and parliamentary services and the Department of Finance, as was appropriate,” Senator Reynolds told parliament last month.

“I have full confidence that my then chief of staff and I at all times acted in what we believed were the best interests of Brittany.”

The Australian reported on Monday that Senator Reynolds signed an instrument formally transferring her authority as Defence Minister to her colleague, Marise Payne, the Foreign Minister, who is now also Acting Defence Minister. That authority is set to expire on March 8, along with Senator Reynolds’ medical certificate. She is likely to resume some duties before then.

Senator Reynolds was admitted to a Canberra hospital on Wednesday last week on the advice of her cardiologist after the stress of Ms Higgins’ rape allegation, which has engulfed her and the Morrison government in turmoil for more than two weeks, exacerbated a pre-existing medical condition.

The Australian understands Senator Reynolds has been in constant email, text and phone contact with staff and colleagues from the time she was admitted to hospital and continues to be.

Dozens of defence industry executives had flown to Canberra for a National Press Club address Senator Reynolds was due to give on Wednesday last week, but which was cancelled just after 9am following her admission to hospital.

Last week Ms Higgins made a formal statement to the Australian Federal Police about an alleged sexual assault that occurred in the minister’s office, triggering an active police investigation. Ms Higgins says she did not want to proceed with a police investigation in 2019 because she feared she would lose her job. She quit her latest government job as Employment Minister Michaelia Cash’s media adviser last month after telling Senator Cash of the alleged rape.

The Prime Minister has rebuked Senator Reynolds for not informing him about the rape allegation, telling parliament repeatedly that he only learned of the rape allegation on the morning of February 15 when the story was posted on news.com.au.

He says his office first learned of the rape allegation on February 12, which Labor says is implausible.

Asked whether it was acceptable that the Defence Minister hadn’t informed him or his office of a “reported serious crime”, the Prime Minister told parliament: “It is not — and it shouldn’t happen again”.

Senator Reynolds has said she is “deeply sorry” that some of her actions and handling of the matter added to Ms Higgins’ distress. The minister and Ms Brown held a meeting with Ms Higgins on April 1, 2019, in the same room where the alleged rape took place.

Twice during the most recent sitting fortnight, Senator Reynolds had to correct statements to the Senate after wrongly claiming she met the AFP about the rape allegation alone and on two occasions. In fact, Senator Reynolds had just one meeting with the police, on April 4, where she was joined briefly by Ms Brown.