Push for Saxon Mullins to give evidence in Linda Reynolds’ defamation trial against Brittany Higgins over fundraiser
Lawyers for Senator Linda Reynolds want to subpoena Saxon Mullins to give evidence over a fundraiser she created to help cover Brittany Higgins’ legal fees.
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Lawyers for Linda Reynolds have asked to call Saxon Mullins to give evidence in the WA Supreme Court over a fundraiser set up for Brittany Higgins’ legal fees in the case, which has so far raised more than $50,000.
The senator is suing Ms Higgins and her husband David Sharaz over social media posts the couple shared in 2022 and 2023.
The posts were critical of Senator Reynolds’ handling of Ms Higgins’ allegation she was raped in Parliament House in 2019 by her then-colleague Mr Lehrmann.
He was charged with rape and faced trial in 2022, but the trial was aborted due to juror misconduct.
The charge was dropped and Mr Lehrmann continues to maintain his innocence.
SAXON MULLINS COULD BE CALLED TO GIVE EVIDENCE
The WA Supreme Court will decide if Saxon Mullins will be called to give evidence in Ms Higgins’ defamation trial after she was unable to produce documents that were subpoenaed.
Ms Mullins set up a crowd-funding page to raise money to pay for Ms Higgins’ legal fees during the trial.
As of Thursday afternoon, more than $50,000 had been raised.
The senator’s lawyers made an application to subpoena documents about the creation of the crowd-funding page last week.
Ms Reynolds’ lawyer, Martin Bennett, told the court at the time posts made by Ms Higgins were republished by Mr Sharaz and another post was created by Ms Mullins, who created the crowd-funding campaign.
He said one post mentioned that money raised through the campaign would be held in a trust by her lawyer, and not directly accessible by Ms Higgins or Mr Sharaz.
“It is an attempt of mischaracterisation of these proceedings and an attempt to say that Senator Reynolds is trying to silence a sexual assault survivor,” he said.
Justice Paul Tottle said on Thursday he would make a decision overnight about whether Ms Mullins will be called to give evidence.
SENATOR’S LAWYERS FROM 2022 SUBPOENAED
Senator Reynolds’ lawyers have issued a subpoena to the lawyers that were appointed to her during Ms Higgins’ settlement with the Commonwealth.
Mr Bennett said they were waiting for the return of documents from HWL Ebsworth so they could find out whether the limitation period was extended.
Outside of court, Mr Bennett said the key issue was that the limitation period which expired on December 6, 2022.
He wants to see communications from HWL Ebsworth that were made between the period from December 6 to 14, 2022 in relation to Ms Higgins’ personal injury claim.
The senator’s lawyers will examine if HWL Ebsworth acted reasonably for the senator at the time Ms Higgins’ personal injury claim was being assessed.
News Corp reported that the senator was not advised about new claims that were made by Ms Higgins, they did not speak to her during mediation or show her a copy of the settlement deed.
DIFFICULT TO SEE SISTER ROLLED UP IN A BALL ON COUCH
Senator Reynolds’ brother Andrew Reynolds took the witness stand on Thursday afternoon, telling the court it was very difficult to see his sister rolled up in a ball on the couch suffering from stress.
Mr Reynolds told the court he was shocked and surprised the alleged offence had occurred, but the main shock was at the allegations his sister would cover something up.
Mr Reynolds told the court his sister had been fighting for women’s issues and justice all her life and he found it difficult that she would try and hide something like this.
He said it was obvious his sister was not well after the allegations were made and prior to that she had always been healthy, active and worked incredibly hard.
“Being in politics as long as we both had we knew it would devastate her career. Mud sticks, it always has,” he said.
Mr Reynolds said there was a torrent of commentary on social media degrading his sister that continued to this day.
While he has seen his sister improve over the last couple of years, he said she has learnt to live with it rather than fully recover from the events.
During questioning from the defence, Mr Reynolds said discussions about her losing her job were more to do with her health and whether she was capable of continuing in that role.
“From my point of view my sister was very unwell and her physical and mental condition was a difficult one,” he said.
WHAT REYNOLDS TOLD PSYCHOLOGIST
Senator Reynolds’ GP referred her to a clinical psychologist Nebojsa Nikolic in a severely anxious state.
Mr Nikolic saw the senator the next day on March 2, 2021 and made a decision to provide her with intervention support rather than take her history because of her anxiety levels.
He did that so she would have strategies to help her bring her stress levels down between any sessions.
Mr Nikolic said they talked about the stressors that were causing her anxiety and she told him about the allegations made against her about not acting appropriately.
Other stressors had included her being grilled in parliament and in the media and that she felt like her character was being attacked.
He recalled her telling him her moral and ethics were being tainted.
Mr Nikolic said the senator was quite fearful at the time that she might lose her job.
“I felt confident from what Linda expressed to me and around the perceived threat of losing her job and her credibility being damaged, I think she was anxious and distressed and what she was describing to me was accurate,” he said.
Defence lawyer Ms Pedersen put to Mr Nikolic at the time of the appointment in 2021 the senator talked about being publicly grilled in parliament and the media and was being questioned about her character and ethics.
Ms Pedersen said at that appointment the senator was fearful about losing her job.
Dr Nikolic told her the senator was fearful she would lose her job due to her character being in question and that her anxiety was related to her job.
SENATOR HIGHLY DISTRESSED
Giving evidence on Thursday, Denita Wawn told the court after the senator was hospitalised their group of friends took turns with the senator’s partner to be with her.
“I met with her in person and spent considerable time with her because we were of the view that she could not be on her own and someone needed to be with her,” she said.
Ms Wawn told the court her friend was weak and in a high state of distress, was looping and would be triggered by any little thing.
She said the senator would repeatedly try to rationalise and reconcile the difference between what she had been accused of in 2019 and what she believed had happened.
“Up until that time Linda was a highly resilient individual and could do almost anything thrown at her,” she said.
“My observations of her prior to this was that she could cope with anything.”
Ms Wawn said it was the first time she had seen her friend in such distress and experiencing symptoms that rendered her particularly weak.
“It was devastating. We were incredibly concerned about her wellbeing,” she said.
“At one stage I was worried her heart condition meant she could potentially die.”
SECURITY BREACH
Mr Carlson told the court he was on a phone call when there was a heated exchange between senator Reynolds and Ms Brown about whether the security breach involving Ms Higgins should be reported to the Australian Federal Police.
It was being discussed whether the AFP should investigate the circumstance of how Ms Higgins was found in the ministerial suite.
He said Ms Brown challenged the senator because she did not want to report the matter to the AFP without Ms Higgins consent.
He told the court several conversations that afternoon resulted in the position that Ms Brown would reach out to Ms Higgins and offer her support in making contact with the AFP, rather than initiating contact with the AFP from the senator’s office without her consent.
He said from conversations he had with the senator and Ms Brown he was aware that Ms Higgins was found in a state of undress by security.
Mr Carlson told the court at that point there had not been an allegation of sexual assault, and he did not speculate that had occurred.
He said staff accessing a ministerial suite after hours was an “absolutely serious circumstance” that he had not witnessed before.
When put to him if the security breach was a serious enough matter to report to the AFP, he said, yes.
He said based on advice from HR it was discussed that the matter should not be reported to the AFP without Ms Higgins’ consent.
He said it was a fair characterisation to say the heated debate was about this topic.
“I don’t recall a specific allegation of sexual assault, I am not willing to say under oath, there was concern around the circumstances that Ms Higgins was found undressed that AFP should investigate if anything happened
“There were too many question marks over the situation.
“Senator Reynolds and Ms Brown wanted to make sure if something had occurred that those facts would be established.
“We were working with a void of information in that regard.”
MS HIGGINS’ WELFARE
Mr Carlson said he was advised by Ms Brown in early May that Ms Higgins was unwell while they were in Perth, and she would be absent for a few days.
He said he asked another staff member to reach out to Ms Higgins to see if she needed anything from the supermarket and to do a general check on her.
Mr Carlson said when campaigning finished the Canberra staff were entitled to fly back to Canberra, but extended the opportunity for Ms Higgins to fly back to Queensland.
“We had to work out how we had to do that through travel policy because she was not based there,” he said.
“We made a judgment call to allow her to fly back to the Gold Coast.”
He said during their time in Perth, any person not based in Perth stayed at the Aloft Hotel near Senator Reynolds’ office.
He said after campaigning they would usually go out for dinner with the people staying at the hotel, and he could remember Ms Higgins attending on a number of occasions.
“If I remember correctly the offer was extended to her,” he said.
ELECTION CAMPAIGN IN PERTH
Senator Reynolds’s former acting chief of staff Dean Carlson gave evidence on Thursday.
He told the court ministers would second a staff member to campaign at their headquarters during an election.
In 2019 it was Ms Higgins who was seconded, he said.
Mr Carlson said he was advised from Ms Brown that she had a conversation with Ms Higgins about her preferences during the campaign.
He said Ms Higgins was given several options, one was to remain in Canberra, but that was Ms Brown’ least preferred option because she did not have a support network.
She was offered to go to the Gold Coast where her family was, or to go to Perth where the minister would spend the bulk of the campaign and staff.
He said Ms Brown told him Ms Higgins chose to go to Perth.
WEEKEND AWAY AFTER 2022 FEDERAL ELECTION
Ms Wawn told the court a small group of friends took a trip to Northern NSW with Senator Reynolds after the federal election in 2022 where the senator became highly distressed.
Ms Wawn told the court during questioning by the defence it was the worst she had seen her since The Project interview.
“Between the period from when the Project aired and the lying cow incident, she was trying to keep it together and be resolute,” she said.
“It was still not good at all, but they were the worst times she was under acute stress.”
Ms Wawn told defence lawyer Kate Pedersen, during 2023 she had seen her friend highly stressed and trying to keep it together but not to the extent of when they were away in 2022.
She said they had conversations about the senator being on the backbench and her career derailing.
“It is fair to say that she was of the view as a minister or junior shadow minister she had greater capacity to make changes,” she said.
“On the backbench that consequence was diluted.”
She said they had talked about the senator not recontesting at the 2025 election about 12 to 18 months prior to her making the announcement.
SHOCKED AND HORRIFIED
Ms Wawn told the court she was “shocked” and “horrified” to read stories in the media about the allegations made against her friend.
Ms Wawn gave evidence in the senator’s defamation trial on Thursday, confirming she has been a close friend of the senator since 2002.
Ms Wawn said she first became aware a story involving the senator would be aired on The Project a day before it was broadcast.
Ms Wawn told the court they were on a walk when the senator told a small group of friends the show would be about an issue relating to a staff member, but she was duty bound not to disclose the issue at hand.
While Ms Wawn said did not watch the Project interview, she read about it in the media the next day.
Ms Wawn said she reacted with shock and horror and empathy for Ms Higgins, and was shocked and horrified to see the senator being accused of not undertaking her duty as an employer because the allegations were highly uncharacteristic of her.
“She was in shock and dealing with the fallout of the allegations,” she said.
More to come
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