Brittany Higgins has taken the stand in Bruce Lehrmann’s defamation trial against Network Ten and journalist Lisa Wilkinson at the start of evidence the defence says will be “graphic and distressing”.
Network Ten’s barrister, Matt Collins KC, said Higgins will tell the court about being allegedly sexually assaulted by Lehrmann in senator Linda Reynolds’ office in 2019 after a night when she had consumed at least 12 vodkas and was “more drunk than she had ever been in her life”.
The court heard Higgins weighed 60kg at the time of the alleged rape and an expert will testify that a woman of her size would have likely been five times over the legal limit with a blood alcohol concentration of 0.23% at the time of the alleged rape.
“She will also give evidence about her relationship with Mr Lehrmann in the period before that night, and of conduct after the alleged sexual assault that is consistent with that assault having occurred,” Collins said in his opening of the defence case.
Lehrmann is suing Network Ten and Wilkinson for defamation over an interview with Higgins broadcast on The Project and online which did not name him but alleged she had been raped by a Liberal staffer in 2019.
Lehrmann has denied raping Higgins and pleaded not guilty to a charge of sexual intercourse without consent. His criminal trial was abandoned due to juror misconduct and the second did not proceed due to prosecutors’ fears for Higgins’ mental health.
Earlier, the court heard Seven Network had compensated Lehrmann for two interviews with the Spotlight program by paying for his rental property in Sydney for 12 months.
Lehrmann was asked: “Was it part of that agreement that you were paid for 12 months’ accommodation by Channel Seven?’
Lehrmann replied: “That’s the only part ... that’s what I get.”
The total amount was not disclosed and Lehrmann said he didn’t know how much it was because Seven handled the payment.
“Network Seven organised the accommodation,” Lehrmann said about the payment, which extends to June 2024.
In answer to a question about payment for an interview in May, the Seven Network told Guardian Australia: “7NEWS Spotlight made no payment to Bruce Lehrmann for the interview, however the program assisted with accommodation as part of the filming of the report.”
The court heard that, under the agreement with Seven, the network would have access to relevant documents, film, video, photographs and “items of assistance reasonably requested”.
Lehrmann agreed with that but said he did not give them anything except the interview.
“No, I just gave an interview,” Lehrmann said.
Collins said the defence will show that The Project’s interview with Higgins focused on the handling of the incident by the government and that Lehrmann was not named.
A lip-reading expert will be among a list of 20 witnesses called, including news and current affairs veteran Peter Meakin who was advising Ten.
In her opening, Wilkinson’s barrister, Sue Chrysanthou SC, said her client had been a journalist since 1978 and took her responsibility very seriously. She said Wilkinson asked Higgins on several occasions if she was sure she wanted to go public with her allegation and several senior journalists worked on the program.
“On January 18, 2021, my client received an email from David Sharaz,” Chrysanthou said of how Wilkinson landed the story.
“David Sharaz was an acquaintance of my client from a few years earlier, when he did work experience at the Today show. They remained in contact.”
During a re-examination by his barrister Steve Whybrow, Lehrmann said he believed it was Sharaz who sent him an anonymous email which had the subject “Coming for you”.
“How many people know what you did, and how many did you tell,” the anonymous email said. “How many cameras are there in Parliament House and how many people tracked down the vision?”
Whybrow asked: “With the benefit of hindsight, have you formed any views as to the origins of that email?”
Lehrmann replied: “Yes I have.”
Whybrow then asked: “What’s your view as to the source of that email?”
Lehrmann replied: “I have a view that that was Ms Higgins’ fiance, David Sharaz.”
In a brief five minutes in the witness box, Higgins said when she was studying for a double university degree she began volunteering and then working in politics because she really enjoyed it.
After a stint in state politics in Queensland, she heard about a role opening up in Canberra and she applied for it and worked as a front of house and assistant media adviser for the Coalition government.
Higgins will continue her evidence on Wednesday morning.
