Labor ministers dig in over politicisation of Brittany Higgins rape allegations
Senior Labor ministers defend their roles in politicising Brittany Higgins’ rape allegations as a weapon against the Morrison government because it made parliament safer for women.
Senior Labor ministers have defended their roles in politicising Brittany Higgins’ rape allegations as a weapon against the Morrison government because it made parliament safer for women, as Katy Gallagher claimed she didn’t tell her staff or colleagues about the incident before it became public.
Under fire in question time over texts between Ms Higgins and her fiance David Sharaz that suggested collusion with senior Labor figures, Anthony Albanese, Tanya Plibersek and Senator Gallagher refused to reveal details of when and what they knew about the allegations.
Senator Gallagher – who was tipped off by Mr Sharaz within a week of the allegations being publicly aired – on Tuesday repeatedly told the Senate she would not betray the confidences she held with Ms Higgins and her partner, who she had known for more than a decade.
In refusing to answer one of the questions put to her about her knowledge of the allegations, Senator Gallagher said: “What you’re asking me to do is to disclose information given to me and asked to be kept by me in confidence by a woman who was alleged to have been raped.”
Claims by the embattled Finance Minister and Minister for Women that questioning her role in the Higgins scandal would deter sexual victims from coming forward were rubbished by top criminal barristers.
Former crown prosecutor Margaret Cunneen SC said the Higgins case could actually “remind women to pursue criminal allegations through the criminal justice system” rather then publicising their allegations first.
The political battle over the allegations threatened to spill into the courts on Tuesday, as Liberal senator Linda Reynolds – Ms Higgins’s former boss – took legal action against Ms Plibersek, claiming the Environment Minister defamed her in a television interview by stating she had “covered up” her ex-media adviser’s alleged rape.
With his government facing questions of integrity from Coalition MPs, the Prime Minister said “no” when asked by Opposition Leader Peter Dutton if his Finance Minister had misled parliament and shifted blame on to Scott Morrison over his handling of the incident.
Earlier when addressing the Labor caucus, Mr Albanese said the government was “1000 per cent” behind Senator Gallagher, adding that if Labor had not pursued the Coalition over Ms Higgins’ allegations, there would not have been reforms to parliament’s approach to women’s safety.
“We would not have been doing our job if we had not asked questions and pursued the issue … that led to the (Kate) Jenkins review and to important improvements,” Mr Albanese said. “A young woman was let down terribly by the previous government. We remain focused on delivering better laws and a better future for the Australian people.”
In a statement to the upper house, Senator Gallagher declared she did not mislead parliament when she told a Senate estimates hearing that “no-one had any knowledge” about Ms Higgins’ allegations and warned women may now choose to keep silent on incidents of sexual assault.
Mr Dutton accused the Prime Minister of being “tricky” and playing “silly, juvenile games” after Mr Albanese deflected a question asking when he or his office became aware of sexual assault allegations broadcast by The Project in February 2021.
Ms Higgins and Mr Sharaz broke their silence on Tuesday night in a series of tweets accusing opposition Senate deputy leader Michaelia Cash, who led the questioning of Senator Gallagher, for having prior knowledge of the alleged assault.
The former Liberal staffer released a transcript of a secretly taped conversation with Senator Cash’s former chief-of-staff Daniel Try in January 2021 in which Ms Higgins mentioned the alleged “Bruce (Lehrmann) assault”. Ms Higgins resigned from Senator Cash’s office later that month.
Minister Cashâs office Jan 2021 before I came forward with my assault. pic.twitter.com/oDhYmnb4Jk
— Brittany Higgins (@BrittHiggins_) June 13, 2023
Mr Morrison, who Mr Albanese attacked over his management of the alleged assault, delivered a statement on Tuesday rejecting “absolutely” any suggestion he intentionally misled the parliament about the timeline of events relating to Ms Higgins’ rape allegation.
The former prime minister said he could not “fully discount” the recollections of his former adviser Fiona Brown, who was chief-of-staff to Linda Reynolds and Ms Higgins’ boss at the time of the alleged sexual assault.
Ms Brown told The Weekend Australian her former boss had falsely claimed he had spoken to her about Ms Higgins’ allegations, revealing the former Liberal leader had only checked in with her after making a statement in parliament. Mr Morrison said he had taken the first opportunity to address Ms Brown’s allegation and denied any suggestion he deliberately misled the chamber.
While Mr Morrison sought to correct the record, Senator Gallagher avoided questions about her prior knowledge of the alleged incident, including whether she received a copy of The Project interview transcript. In text messages revealed by The Australian, Mr Sharaz told Ms Higgins Senator Gallagher was a riend and he had given her Ms Higgins’ interview for The Project “for context”.
“Katy Gallagher messaged me. She’s angry and wants to help. She’s got the context,” he said in one of his later texts.
“Katy is going to come to me with some questions you need to prepare for … She’s really invested now ha ha,” he said in another.
Senator Gallagher on Tuesday invoked the confidentiality of alleged sexual assault victims in avoiding questions. Asked whether she had advised or encouraged Ms Higgins to refer serious allegations to police, Senator Gallagher said: “I’m not going to breach the confidence of the discussions I had with individuals that had come to me seeking my confidence. But I can guarantee you as I have done in absolutely every case of a woman coming to me and saying that they had been sexually assaulted or harassed or subject to violence … I have ensured they are aware of the options available for them to make their decision on.”
On receiving an early copy of Ms Higgins’ interview on The Project, Senator Gallagher said: “What you’re asking me to do is to disclose information given to me and asked to be kept by me in confidence by a woman who was alleged to have been raped”.
Claiming she had been hounded over questions about her role in Ms Higgins’ reported $3m payout, Senator Gallagher did not refute boasts by Mr Sharaz that she was seeking advice on potential questions to grill the Morrison government. “I haven’t seen those text messages. I’ve only seen what has been reported … I had confidential information given to me, that information at their request was to remain confidential until Ms Higgins decided to make that information public,” she said.
“I have made it clear that the wellbeing of Ms Brittany Higgins matters to me … subjecting her to further commentary in a very distressing time for her, as Minister for Women, I don’t think it’s acceptable.”
Sky News on Tuesday revealed that Ryan Liddell – a prominent lobbyist and Bill Shorten’s former chief-of-staff – was in contact with Mr Sharaz before providing advice directly to Ms Higgins on tactics for her meeting with Mr Morrison in 2021.
ADDITIONAL REPORTING: JENNA CLARKE