Brittany Higgins’ texts to ex boss revealed in court
A Network 10 producer returned to the witness stand on Wednesday to give evidence in Bruce Lehrmann’s defamation trial against the broadcaster and Lisa Wilkinson.
A Ten producer has denied that texts in which Brittany Higgins called her former boss “incredible” contradicted later remarks that she was “terrifying”, a court has heard.
Bruce Lehrmann is suing Network 10 and journalist Lisa Wilkinson over Ms Higgins’ February 2021 interview with The Project in which she aired allegations that she was raped by her former colleague in their boss Linda Reynolds’ ministerial office in March 2019.
Mr Lehrmann has denied the claims, or having any sexual contact with Ms Higgins that night, and says he was defamed by the broadcast.
The Project producer Angus Llewellyn returned to the witness box on Wednesday morning.
Ms Wilkinson will on Thursday take the stand.
THE TEXT EXCHANGE
The court heard on Wednesday that Andrew Carswell, a media adviser to the Prime Minister’s Office, sent Mr Llewellyn a copy of a text exchange between Ms Higgins and Linda Reynolds’ chief of staff Fiona Brown in the lead up to The Project’s broadcast.
The court heard that in the June 7, 2019 messages, Ms Brown wished Ms Higgins “all the best with your new gig”.
Ms Higgins replied: “Thank you, I wanted to say this in person but I can’t overstate how much I value your support and advice throughout this period.
“You have been absolutely incredible and I’m so appreciative.”
Mr Lehrmann’s barrister Matthew Richardson SC questioned Mr Llewellyn whether the texts were inconsistent with comments made by Ms Higgins in a January 2021 pre-interview in which she described Ms Brown as a “terrifying person”.
“When you saw this SMS from 2019, didn’t you think it was appropriate to go back to Ms Higgins and at least check what she had alleged about Brown,” Mr Richardson asked.
“No … There’s nothing inconsistent there,” Mr Llewellyn told the court on Wednesday.
THE INSTAGRAM POSTS
The Federal Court on Wednesday released copies of an Instagram post which Ms Higgins’ mother Kelly made on the night which she says her daughter first disclosed the sexual assault allegations to her.
Earlier this week, Kelly Higgins told the court that it was at a dinner at a restaurant, on November 21, 2019, that her daughter told her of the alleged sexual assault.
“The next thing she remembers she was on the lounge,” Kelly Higgins told the court on Monday of what she was told by her daughter in that conversation.
“She believes she passed out. She was awakened with pressure and pain on her leg … when she was coherent, Bruce Lehrmann was on top of her raping her.”
Kelly Higgins told the court that her daughter was “emotional”.
“I had just been told a mother’s worst nightmare,” Kelly Higgins told the court on Monday.
Kelly Higgins told the court that she remembered the evening because she made an Instagram post, which was on Wednesday released by the Federal Court.
“Love every minute spent with my amazing daughter,” Kelly Higgins captured the post.
PARANOID
Brittany Higgins was worried about “who might be keeping a close eye on her”, an email sent by her fiance, tendered to the court, has revealed.
An email sent by Mr Sharaz to Ms Wilkinson, with the subject heading “Everything you need”, was on Wednesday released by the Federal court.
“Hi Lisa, Thank you for your time over the phone today, and your sensitivity around what I truly feel is an injustice,” Mr Sharaz begins the email.
“I’m sending this on behalf of Britt, purely because, and this sounds paranoid, we just don’t know who might be keeping a close eye on her.”
In the email, Mr Sharaz discusses how Ms Higgins intended to leave Parliament House by the time the story breaks and when the police investigation is revived.
“In addition to this I’ve gone and looked up the ACT Policing crime slats for 2019 and there was one reported sexual assault during the time Britt’s incident occurred,” Mr Sharaz said.
“You can always chat to me over the phone if you need more, and I can put Britt on.”
“IS THAT A SERIOUS ANSWER?”
Mr Llewellyn has been grilled about his attempts to contact Mr Lehrmann via email and phone prior to The Project going to air on February 15, 2021.
Ten says it made several attempts to contact Mr Lehrmann on February 12 and 15, including when Mr Llewellyn sent questions to two email addresses - one of which was a hotmail account.
However Mr Lehrmann said in his evidence he didn’t receive the email to his hotmail account until a week later.
Mr Llewellyn told the court on Wednesday that he was provided with both email addresses by Ms Higgins’ fiancee David Sharaz.
The court has heard that Mr Sharaz was present in a pre-interview discussion with Ms Higgins, Ms Wilkinson and Mr Llewellyn during which he said he wanted The Project story’s broadcast to coincide with a sitting week and prior to Senate Estimates.
“The reason we’ve chosen the timeline we have is because there’s a sitting week when we want the story to come out … I’ve got a friend in Labor, Katy Gallagher on the Labor side, who will probe and continue it going,” Mr Sharaz said during the chat.
Mr Llewellyn defended relying on Mr Sharaz for Mr Lehrmann’s contact details, saying he and Ms Higgins had provided “lots of very good contacts” and “excellent sources of very reliable information”.
“You knew Mr Sharaz intended to assist the then-Opposition by pursuing this issue in parliament, correct?” Mr Lehrmann’s barrister Matthew Richardson SC said on Wednesday.
“Maybe,” Mr Llewellyn said.
“Is that a serious answer? … I’m asking for your opinion at the time,” Justice Michael Lee asked.
“Well I didn’t know he was definitely going to call Katy Gallagher,” Mr Llewellyn replied, adding he “didn’t know that (Mr Sharaz) would carry through with it”.
After being asked whether Mr Sharaz had a “political agenda”, Mr Llewellyn said: “This is a parliament-wide problem … if you look at the original story … it says very clearly in one of the grabs this is not a Labor issue, this is not a Liberal issue, it’s about all parties.”
THE ATTEMPTED CONTACT
Ten producer Angus Llewellyn has been grilled about his attempts to contact Mr Lehrmann in the days leading up to the February 15, 2021 broadcast on The Project.
The court heard that Mr Llewellyn sent an email with questions to a hotmail address at 2.46pm on February 12.
Shortly after he sent a text message to a phone number, which was provided by Ms Higgins’ fiance David Sharaz.
After not receiving a response, the following Monday - the day the story went to air - Mr Llewellyn sent further emails to the hotmail address and a work email, which was also provided by Mr Sharaz.
Mr Lehrmann has told the court he did not see any of the emails sent to his hotmail address before the story went to air.
He also called the mobile number, however it rung out and there was no voicemail facility.
Mr Lehrmann’s barrister Matthew Richardson SC told the court on Wednesday the work email related to a job which Mr Lehrmann had previously left.
As well, Mr Richardson questioned whether Mr Llewellyn was aware that the phone number he called and texted was taken from an October 2018 press release.
Mr Richardson said the number was a work phone related to a job which Mr Lehrmann had left the previous years.
“I didn’t know that,” Mr Llewellyn said.
“You didn’t really want to reach Mr Lehrmnan,” Mr Richardson asked.
“That’s why I called him again on the Monday, because he hadn’t got back to me,” Mr Llewellyn said.
(Samantha) Maiden’s (news.com.au) story was out and it was creating major headlines. So I wanted him to read his email.”
THE TEXTS
The court has heard that Mr Llewellyn first became aware of the story when Ms Wilkinson sent him a text message on January 19, 2021.
“I have an explosive political story for Sunday Project,” Ms Wilkinson said in the message, which was tendered to the court and made public on Tuesday.
“Rang Craig and Sarah and we’re going huge with it.
“March release. I have told Craig I only want to work with you on it. He agrees. Call me when you can.”
Mr Llewellyn replied the next day: “Hi Lisa Sounds intriguing! ... can jump on it from Friday if needed? Is it for this Sunday? If it’s not then I’m back from leave on Monday and can hit it then.”
Later that day Ms Wilkinson replied, describing the story as an “extraordinary coverup” and “explosive”.
“It is an extraordinary coverup involving Linda Reynolds, Michaelia Cash and the PMO,” Ms Wilkinson said.
“Sarah thinks it is so explosive we should do it over three segments from 7pm.
“It’s for March. Enjoy your holiday.
“The woman at the centre of it all is ready to talk. She is based in Canberra. We can fly her up.
“Would you be good for a meeting with her on Monday?”
Mr Llewellyn said that on Australia Day, he met with Ms Wilkinson on her boat during which they discussed the story.
“I attended a lunch with Ms Wilkinson on her boat,” Mr Llewellyn said in his affidavit.
“We sat separately from the other guests and had a private conversation.”
Mr Llewellyn said they discussed how the “the story needed a lot more investigation as it was a hugely disturbing story” and “that more details from Ms Higgins would either give us more confidence or less confidence in her believability”.
“I DID NOT HAVE PROOF”
Earlier on Wednesday, The Project producer Angus Llewellyn was grilled over what has been described by Mr Richardson as inconsistencies in Ms Higgins’ statements to the program.
During the Project broadcast, Ms Wilkinson said in her introduction: “Tonight, claims of rape, roadblocks to a police investigation and a young woman forced to choose between her career and the pursuit of justice.”
The court has heard that in the week following the alleged sexual assault, Ms Higgins had a meeting with Senator Reynolds and her chief of staff Fiona Brown.
The court heard that Ms Higgins said, during the Project interview, that Ms Reynolds and Ms Brown were supportive of her going to police.
Mr Richardson questioned whether that claim was contradicted by later statements in which Ms Higgins said she would lose her job if she made a police complaint.
“Here she is saying it was clear she would lose her job if she proceeded with police charges, that’s a contradiction isn’t it,” Mr Richardson said.
“I think taking a black and white view of this is incorrect, there are things about how the chief of staff phrased things and not using explicit words,” Mr Llewellyn told the court.
“So she was very careful. If the story was the chief of staff had stopped someone going to the police, that would have been a major story but we had no proof of that. So we didn’t pursue that.”
Under questioning from Justice Michael Lee, Mr Llewellyn told the court The Project had no proof that Ms Higgins would lose her job if she made a police complaint.
“Are you saying that at the time the program was broadcast you had ... no proof of an allegation that she was being told that if she proceeded with police charges - that is pursed the rape allegations - that she would lose her job… Was that your state of mind at the time of the publication?” Justice Lee asked.
“Well I asked Ms Brown those questions,” Mr Llewellyn replied.
“I’m going to ask you to be responsive to my questions, it’s yes, no or I can’t recall. Can you attend to my question please,” Justice Lee said.
“I did not have proof,” Mr Llewellyn said.
“Does that mean the answer to my question is yes,” Justice Lee said.
“Yes,” Mr Llewellyn said.
“LUDICROUS”
The court heard on Monday that The Project producer Angus Llewellyn was present with Lisa Wilkinson during a five-hour pre-interview with Brittany Higgins in a hotel in January 2019.
During the conversation, the court heard, Ms Higgins claimed that her phone had died after she screenshotted conversations with Linda Reynolds and Michaelia Cash.
“And then, that night, my phone completely died and I was like, that’s fine, I’ve got another device, I’ll just back it up,” Ms Higgins said in the pre-interview.
“And all my WhatsApps were gone, all my conversations were gone, all my photos were gone.
“And I’ve swapped devices half a dozen times, it’s quite normal, but yeah, it was completely wiped, which was weird.”
In an affidavit released by the Federal Court, Mr Llewellyn said that Ms Higgins was “in substance” suggesting “this could have been the result of the government hacking her phone”.
During his evidence, Mr Llewellyn told the court he did not pursue the allegations because the program had no evidence.
“I’m suggesting what she was saying about her phone was ludicrous and you knew it,” Mr Lehrmann’s barrister Matthew Richardson SC asked on Wednesday.
“Ludicrous is a strange word and I disagree,” Mr Llewellyn replied.
THE RECORDINGS
The Project producer Angus Llewellyn was on Tuesday grilled about covertly-recorded conversations which Ms Higgins made of Ms Cash and the senator’s chief of staff Daniel Try in 2021.
The court heard on Tuesday that Ms Higgins secretly recorded a conversation with Mr Try on January 28 and a separate phone call with Ms Cash and Mr Try on February 5.
During the phone conversation involving Ms Cash and Mr Try, Ms Higgins said she wanted to resign from Ms Cash’s office and had planned to exit politics.
Ms Cash then offered to allow Ms Higgins to relocate to Queensland where she could work remotely on her social media team.
“It’s very kind, I don’t think I can be connected to politics,” Ms Higgins said.
Ms Cash and Mr Try also asked Ms Higgins if she intended to go to the police as Ms Cash added: “Daniel and I are here to support you”.
Ms Cash is also heard saying: “You are outstanding Britt, you are fabulous” as she praises her work.
The court heard that during her The Project interview, Ms Higgins said she was feeling “panicky” working in Parliament House and claimed that Ms Cash told her to “suck it up”.
“I said I was having difficulties coming in and at that point (Ms Cash) was like ‘well you’re just going to have to sort of suck it up essentially’,” Ms Higgins said in the February 2021 interview.
“It’s that same idea of ‘you deal with it or you leave’.”
Mr Lehrmann’s barrister Matthew Richardson SC on Tuesday asked Mr Llewellyn whether Ms Higgins’ statements were inconsistent with the sentiment Ms Cash expressed in the secret recording.
Mr Llewellyn agreed that in the recording Ms Cash expressed “compassion” and an offer to support Ms Higgins “every step of the way”.
“I want to suggest to you that when you heard that recording, that it was inconsistent with Ms Higgins’ account of Ms Cash having said at one point ‘you’re just going to have to suck it up and you deal with it or you leave’,” Mr Richardson said.
“Look, that’s why we put specific questions to Michaelia Cash and Daniel Try, and that’s referred to … (when it was stated in the program) Michaelia Cash’s office disputes this, saying she only recently found out about the specifics.”
THE BRUISE PHOTO
Mr Llewellyn also gave evidence to the court about a five-hour meeting he attended along with Ms Wilkinson when they first met with Ms Higgins and her fiancee David Sharaz in a hotel room in January 2021.
The court heard that in the meeting, Ms Higgins claimed that her phone had “completely died” after she took screenshots of messages with ministers Linda Reynolds and Michaelia Cash.
Around the time, Ms Higgins had asked people in Ms Reynolds’ office for someone’s phone number.
Mr Llewellyn told the court that he did not include allegations that the government had “hacked” her phone in the story because it was a “rumour” and they had “no proof”.
He said he believed it was a “stuff up” rather than a conspiracy.
The court heard that during the meeting, Ms Higgins also provided a photo a bruise which at the time she said she suffered during the alleged sexual assault.
Ms Higgins, during her evidence to the Federal Court, conceded she may have suffered the bruise after falling over on the stairs at a bar earlier in the night.
The court has heard that the metadata revealed that the photo, which was given to Mr Llewellyn, was created on January 27 - the day of the meeting.
Ms Higgins previously told the court that she provided Mr Llewellyn with a screenshot rather than the original.
“Did you ask to see the original,” Mr Lehrmann’s barrister Matthew Richardson SC asked.
“I presumed that was the original,” Mr Llewellyn said.
“Did you ask to check the meta data,” Mr Richardson asked
“No,” Mr Llewellyn said.
Mr Richardson further questioned how it was that the bruise photo had survived the death of Ms Higgins’ phone.
“No, it didn’t occur to me,” Mr Llewellyn said.
Originally published as Brittany Higgins’ texts to ex boss revealed in court
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