Bruce Lehrmann’s barrister likens Brittany Higgins claims to those of a con artist in rape trial

The high profile rape trial of Bruce Lehrmann will enter its final day, as the defence counsel wraps up his closing argument.

Bruce Lehrmann’s lawyer has asked the jury to consider whether Brittany Higgins may be a “con artist” during his closing argument in the high profile rape case.

Mr Lehrmann is accused of raping Brittany Higgins in Linda Reynolds’ ministerial office at Parliament House after drinking with work colleagues in March 2019.

He has pleaded not guilty to sexual intercourse without her consent and being reckless to her consent.

On Wednesday, defence counsel Steve Whybrow quoted the prosecutor's closing Shane Drumgold said Ms Higgins would have to be “quite the actor” to make such emotional and consistent claims for three years.

“Well this is why we have these things called con artists, because demeanour is a difficult thing to pick up on sometimes,” Mr Whybrow said.

Bruce Lehrmann’s legal team have likened Brittany Higgins’ allegations of rape to those of a con artist as the trial comes to a close. Picture: NCA NewsWire / Gary Ramage

Bruce Lehrmann has pleaded not guilty to sexual intercourse without consent and being reckless to consent.. Picture: NCA NewsWire / Ben Appleton

“I’m not suggesting Ms Higgins’ demeanour, or the way she reacted in that witness box, was an act.

“She doesn't know what happened and she has reconstructed events to the point she now genuinely believes them to be true – it doesn’t mean they are true.”

He asked the jury to consider the shift in the complainant’s demeanour when Ms Higgins returned for her second session in the witness stand.

“It was different … she was a bit more combative and aggressive,” Mr Whybrow said.

“She has convinced herself that this has happened. Her demeanour in the witness box could be genuine. But it doesn't mean what she said happened.”

Mr Lehrmann has faced a 12-day trial. Picture: NCA NewsWire / Gary Ramage

Mr Whybrow also pointed to a photo of a bruise the prosecution presented to the court that Ms Higgins said she took on 03 April 2019.

But during the trial, the court was told there was no metadata to suggest the photo was taken that day.

In his closing argument, Mr Whybrow accused Ms Higgins of making up the bruise to make her story “more believable” ahead of a television interview with The Project host Lisa Wilkinson.

“It is not corroborated in any evidence anywhere,” he said.

Brittany Higgins did not appear in court on the final day. Picture: NCA NewsWire / Gary Ramage

“Can you be satisfied beyond reasonable doubt what she says is accurate?”

Mr Whybrow said the jury needed to answer one important question in the case – drawing their attention to Ms Higgins’ evidence when she told a court media personality Peter FitzSimons approached her with a six-figure book offer around the time she went public.

“In Ms Higgins’ case the $325,000 question is; do you accept, beyond reasonable doubt, what she said happened – that he went in (to the office) and sexually assaulted her?” he said.

Mr Whybrow reminded them Lehrmann denies having sex with her, and denied to police he saw Ms Higgins after she went through a door toward Senator Reynolds‘ office that evening.

It comes after Mr Drumgold gave his closing address to the jury on Tuesday, in which he said Ms Higgins had been a “credible” witness who “did not falter” in her evidence.

The trial continues.