Reynolds vs Higgins: Scott Morrison says 'lying cow' description of Brittany Higgins was outrageous

Scott Morrison says Linda Reynolds’ description of Brittany Higgins was 'out of character' for the senator, but said it played no part in his decision to remove her from the defence portfolio.

Former PM Scott Morrison is giving evidence today at Linda Reynolds' defamation case against Brittany Higgins.

Welcome to The Australian's rolling coverage of Linda Reynolds' defamation case against her former staff Brittany Higgins.

Updates

6:20 pm August 13, 2024

Court hears of concerns for distressed Reynolds' health in 2021

Paige Taylor

Senator Linda Reynolds during her time as defence minister, in 2021. Picture: Gary Ramage/NewsWire

Linda Reynolds’ chief of staff in 2021, Alexandra Kelton, has told how she sat with the distressed senator after she broke down in the Senate.

It was March 23, 2021, about five weeks after Senator Reynolds’ former staffer Brittany Higgins publicly alleged she had been raped in the senator's ministerial suite in 2019.

The defamation trial was told in earlier evidence that it was during this period that the Morrison government faced questions from the opposition about its handling of Ms Higgins’ allegation. There was also speculation about whether Senator Reynolds’ position as defence minister was tenable in light of her remark that Ms Higgins was a "lying cow".

Ms Kelton told the court that on that evening, then prime minister Scott Morrison arranged for Senator Reynolds to see his doctor.

That doctor, Antonio Di Dio, later spoke to Ms Kelton about Ms Reynolds’ heart condition.

Ms Kelton said Dr Di Dio told her: "This pre-existing condition that Linda has is very serious.

“We are concerned for her health.

“I suggest you have a discussion about how to minimise her stress or her workload.”

The following day, Senator Reynolds pulled out of a National Press Club address and was admitted to a private hospital in Barton, Canberra.

Ms Kelton also told that court that she and Kate Chappell – one of Senator Reynolds’ media advisers – had earlier spoken to Senator Reynolds in the days after she referred to Ms Higgins as a lying cow while watching Ms Higgins tell her story on The Project.

“She (Ms Chappell) said ‘did you hear what happened out on the floor?’ I didn’t sit out on the floor, I had an office and I wasn’t present, and I said ‘what happened?’ and she said ‘you know, Linda got really upset and she said in front of a number of staff that Brit was lying and she said she was a lying cow’. And I said ‘well I wouldn’t wait to talk to her particularly if she said this in front of a number of staff’,” Ms Kelton said.

Ms Kelton said that when she and Ms Chappell went to Senator Reynolds she said to her "I understand that in front of a number of staff you might have expressed that Brittany was a lying cow".

“She looked surprised. I took that at the time (to mean) that she didn’t necessarily realise that she had said that but she immediately said that it was not in relation to the incident,” Ms Kelton said.

“(She said) ‘I’m very upset about the reporting of the handling afterwards’'."

Senator Reynolds then addressed her staff, Ms Kelton said, explaining that she should not have made the remark and she meant it in relation to events after the alleged rape.

Ms Kelton told the court that Senator Reynolds told her at the time she felt it was important to her for people to know that she believed Ms Higgins' allegation about what had occurred in the ministerial suite in 2019.

2:56 pm August 13, 2024

Former PM wraps up his evidence

Paul Garvey

Scott Morrison has now finished giving evidence in Linda Reynolds’ defamation against Brittany Higgins.

Senator Reynolds’ lawyer Martin Bennett opted not to re-examine Mr Morrison, who was prime minister at the time Ms Higgins went public with her allegation that she had been raped inside Parliament House.

2:51 pm August 13, 2024

Morrison reveals details of Higgins meeting

Paul Garvey

Brittany Higgins leaves the Commonwealth Parliamentary Offices in Sydney with her partner David Sharaz after her 2021 meeting with then prime minister Scott Morrison. Picture: NCA NewsWire / Damian Shaw

Scott Morrison has been asked about the one-hour meeting he had with Brittany Higgins in April 2021.

He said he was happy for Ms Higgins to raise whatever she wanted during that meeting, and said the main topic of discussion was legislation concerning the staff of members of parliament, or MOPS Act.

“I recall she spent a large amount of time talking about the MOPS Act, and the arrangements that involved the dismissal of staff,” Mr Morrison said.

“This was a matter that deeply concerned her. That’s my major recollection of that meeting.”

2:46 pm August 13, 2024 Highlight

Reynolds lost defence portfolio after 'attacks'

Paul Garvey

Linda Reynolds during her time as defence minister, in 2021. Picture: NCA NewsWire/Gary Ramage

Linda Reynolds was only removed as defence minister because of the “severe injury” she suffered in the wake of Brittany Higgins going public with her alleged rape, Scott Morrison has said.

The former prime minister is being grilled by Ms Higgins’ lawyer Rachael Young SC over whether Senator Reynolds’ description of Ms Higgins as a “lying cow” had contributed to his decision to replace her as defence minister with Peter Dutton.

“The reason Senator Reynolds was unable to continue in the defence portfolio was because of the severe injury she suffered as a result of the attacks applied to her over a prolonged period of time that damaged her mental and physical health,” he said.

“That is why Senator Reynolds no longer served in the role of defence minister, and that is the sole reason that I chose to make a change in those ministerial arrangements.”

2:39 pm August 13, 2024

Reynolds not pressed for apology over 'lying cow' remark

Paul Garvey

Scott Morrison says Linda Reynolds’ description of Brittany Higgins as a “lying cow” was “absolutely outrageous” and “out of character” for the senator, but said it played no part in his decision to remove her from the Defence portfolio.

Ms Higgins’ lawyer Rachael Young SC is asking Mr Morrison about the incident, which drew a public rebuke from the then-prime minister at the time they were made in 2021.

“That wasn’t appropriate language to be using about a member of your staff, let alone in these circumstances,” Mr Morrison said.

“That was very out of character or Senator Reynolds, extremely out of character, and so I saw that as quite an exception to her normal behaviour.”

He said he did not recall ever asking Senator Reynolds to apologise for the slur.

He denied the incident had any influence on his decision to replace her with Peter Dutton as defence minister soon after.

“It played no part whatsoever in her ongoing performance in that role,” he said.

1:56 pm August 13, 2024 Highlight

Morrison defends Reynolds' handling of rape claim

Paul Garvey

Scott Morrison has defended Linda Reynolds’ handling of Brittany Higgins’ rape complaint, despite the then-prime minister initiating several reviews of parliamentary procedures in the wake of Ms Higgins going public with her allegation.

He said that while his government initiated its reviews because of Ms Higgins saying that she didn’t feel supported in the aftermath of her alleged rape, that should not be seen as the fault of Senator Reynolds.

“I stress I never saw that as a failing of Senator Reynolds, I saw that as a failure of the process to support each of them in what was a highly sensitive, vulnerable and difficult situation.”

1:53 pm August 13, 2024 Highlight

Morrison 'would have acted sooner' had he known of rape claim

Paul Garvey

Rachael Young SC, Brittany Higgins' lawyer, outside court. Picture: NewsWire / Sharon Smith

Scott Morrison says he would have taken steps to address deficiencies in Parliament House processes if he had been made aware earlier of Brittany Higgins’ rape allegations.

Ms Higgins’ lawyer Rachael Young SC has been pushing Mr Morrison to address what he would have done if he had learned of Ms Higgins’ 2019 alleged rape before she went public with the allegations in 2021.

After some resistance by Mr Morrison, Supreme Court Justice Paul Tottle has had to intervene to direct him to answer Ms Young’s questions.

While Mr Morrison said it was difficult to answer hypotheticals, he said there were steps that could have been taken if he had learned of the issues earlier.

“Had the matter been brought to my attention in 2019, a process would have followed to understand what had occurred and what the deficiencies were and how we may have dealt with it at that time,” Mr Morrison said.

But he said there was no indication prior to 2021 that there was any complaint or concern about the way Ms Higgins’ matter had been handled.

The number of counsellors available to MPs and their staff was increased by Mr Morrison in the aftermath of Ms Higgins going public.

"Based on the information I received it was clear that that needed to be addressed as quickly as possible,” Mr Morrison said.

1:19 pm August 13, 2024 Highlight

Higgins, Reynolds let down by parliamentary culture: Morrison

Paul Garvey

Scott Morrison says both Brittany Higgins and Linda Reynolds had been let down by significant deficiencies in the way Parliament House dealt with workplace issues.

Under cross-examination by Ms Higgins’ lawyer Rachael Young SC, Mr Morrison was asked about the findings from a review he commissioned after Ms Higgins went public with her allegations.

“There was room for improvement with respect to the prevention and handling of amongst other things sexual assault in Parliament?,” Ms Young asked.

Mr Morrison: “Well yes, I think that has probably been the case for a very long time. And the culture in Parliament had improved, but clearly not enough.”

1:14 pm August 13, 2024

Parliamentary review not media-driven, Morrison says

Paul Garvey

Former Liberal Party staffer Brittany Higgins and Scott Morrison on the campaign trail in 2019. Picture: Supplied

Scott Morrison said his response to Brittany Higgins’ allegation that she had been raped in Parliament House was not driven by media attention to the matter.

Under cross-examination by Ms Higgins’ lawyer Rachael Young SC, Mr Morrison said his decision to undertake a review of Parliament House processes and supports, soon after Ms Higgins went public, was designed to remedy any potential deficiencies.

“It was important because we needed to make sure that the processes and supports that were available to everyone who could be potentially having to deal with a situation like this were adequate,” he said.

“The public nature of this was not the motive, the issue was the motive, and the need to deal with it was the motive.”

12:56 pm August 13, 2024 Highlight

Morrison says he feared for Reynolds' life amid Higgins rape claim

Paul Garvey

Former Prime Minister Scott Morrison has told how he feared for Linda Reynolds’ life in the aftermath of Brittany Higgins going public with her rape allegations.

Beginning his testimony in the WA Supreme Court on Tuesday, Mr Morrison described his “distress” at seeing Senator Reynolds after she broke down inside Parliament House.

“I remember for a period there we were very fearful that Senator Reynolds, that this could be a fatal outcome for her,” he said.

Mr Morrison said it was clear that the allegations that Ms Higgins’ alleged rape had been “weaponised” to attack his government.

“It was intended to discredit her. It was the weaponising of this issue for political purposes to discredit both Senator Reynolds and the government and by extension my government.”

Mr Morrison has now finished his evidence in chief and will now be cross-examined by Ms Higgins’ lawyer, Rachael Young SC.