What we heard today
Brittany Higgins returned to the witness box on Thursday afternoon in the defamation case against Network Ten and journalist Lisa Wilkinson.
It was an at-times emotional and heated afternoon, with Higgins pushing back during cross-examination by Steve Whybrow SC.
Just a reminder: The case is over an interview aired on Ten’s The Project, in which Higgins alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.
Bruce 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.
Here’s what we heard on Thursday afternoon at the defamation case:
Whybrow, who also cross-examined Higgins at the criminal trial, suggested to Higgins that she lied about being raped to save her job after she was found passed out in the minister’s personal suite. Higgins said that was “insulting and it’s incorrect” and said her job was “not that important”.
Higgins admitted lying to police about seeing a doctor, and said it was because she was embarrassed that she had not, and that days after the alleged assault, a rape kit would not be of much use.
Whybrow put to Higgins that she told police that she had drunk about four gin and tonics despite telling the court that she was only having vodka, lime and soda, or Diet Coke and vodka. Higgins said she didn’t think the gin and tonics thing was true, and said she thought police made a mistake as she doesn’t really drink tonic water due to the calories in it.
Higgins passionately defended herself from accusations that she was inconsistent about whether she was naked or her dress was around her waist. “As I was being raped, it wasn’t my primary concern where my dress was … I was deeply more concerned about the penis in my vagina that I didn’t want than I was about my dress,” she told the court.
Higgins said she got elements of her story wrong about the morning after the alleged assault, saying: “In those moments of trauma, my memory wasn’t perfect.”
Higgins is due to continue being cross-examined on Friday. Read our full wrap of Thursday’s proceedings below.
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Higgins says she would 'never intentionally give false evidence, especially in this context'
The court has adjourned for the day after a session which saw Brittany Higgins refuting suggestions by Bruce Lehrmann’s barrister, Steve Whybrow, that she gave false evidence at the criminal trial in the ACT last year.
Whybrow put it to her that her account of events at Lehrmann’s trial differed from testimony she has given to the federal court in this defamation trial.
Whybrow: “And what I’m suggesting to you is that you intentionally gave false evidence to try and explain away a damning email that is inconsistent with your claims that you were sexually assaulted by Mr Lehrmann.”
Higgins: “I would never intentionally give false evidence, especially in this context.”
Higgins said her answers may have varied as to times and dates because memory is imperfect and she was traumatised.
One discrepancy she was questioned about was an email she sent to Lehrmann after the alleged rape and on the day he was fired asking for his help with a work task.
Higgins said she sent the email with the phrase “I am phoning a friend” because she was “in denial” about the alleged rape and she was just doing her job.
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Higgins tells court accusation she lied about rape to keep job is ‘insulting' and 'incorrect’
Bruce Lehrmann’s barrister, Steve Whybrow, has suggested to Brittany Higgins that she was found passed out drunk in the minister’s personal suite and she lied about being raped to save her job.
Whybrow said: “And you didn’t have sex with anybody that night you passed out drunk in the minister’s personal suite. That’s correct, isn’t it?”
Higgins replied: “It’s insulting and it’s incorrect, but you’re entitled to your opinion … My job is not that important.”
Whybrow then asked: “The first time you made any allusion to anything, potentially non-consensual or unwanted, or even involving Mr Lehrmann, in a personal sense, was on the Thursday [after the alleged rape on Saturday morning]. You disagree with that?”
Higgins replied: “I told [chief of staff] Fiona Brown on the Tuesday; I told [friend] Ben Dillaway on the Tuesday. I didn’t tell my Dad but I did say something serious had happened but I told two people on the Tuesday and on the Wednesday.”
Higgins said the reason she lied to police that she had been to see a doctor was because she was embarrassed that she had not and days later doing a rape kit would not be of much use.
Whybrow said: “And the reason you didn’t go to a doctor, like you told Mr Dillaway, and like you indicated to Ms Brown that you were going to and like you told the police that you had, was because you hadn’t actually been sexually assaulted the week before.
Higgins breaking down in tears: “That’s incorrect. I didn’t have a support system, I was by myself in Canberra, I had no one around me, I was so scared.”
The court has adjourned for a short break because Ten’s barrister, Matt Collins, said he was concerned for Higgins’ welfare who was sobbing in the witness box.
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Higgins admits lying to police that she had gone to a doctor after alleged rape
Brittany Higgins is being cross-examined about what she described as a meet and greet that she gave police officers a week after her alleged rape on 1 April 2019.
Bruce Lehrmann’s barrister, Steve Whybrow SC, said they took notes of the meeting.
Whybrow said she told police she drank four gin and tonics on the night before her alleged rape.
Whybrow asked: “Would you have said that you drank four gin and tonics?”
Higgins replied: “Potentially, but gin and tonics aren’t my drink so it seems unlikely.”
Whybrow said: “Well, you’ve given fairly strong evidence that you were only having vodka, lime and soda or Diet Coke and vodka in your evidence yesterday.”
Higgins replied: “That’s correct.”
Whybrow said: “I want to suggest to you that what you told the police on the first of April, a week later, was that you drank about four gin and tonics.”
Higgins replied: “I don’t think the gin and tonics thing is true. I think they maybe made a mistake because I really don’t drink tonic water because it has calories in it. I wouldn’t have said that and I wouldn’t have drank gin and tonic.”
Higgins agreed that she told police “a lie” that she had been to a doctor after she was allegedly raped but she made appointments and didn’t go. “I admit that.”
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A warning for readers: this blog contains graphic details of allegations of sexual assault.
Information and support for anyone affected by rape or sexual abuse issues is available in Australia at 1800Respect (1800 737 732).
Higgins tells court 'as I was being raped, it wasn't my primary concern where my dress was'
Brittany Higgins has passionately defended herself during cross-examination from accusations that she was inconsistent about whether she was naked or her dress was around her waist.
She broke down in tears as she told the court she was more concerned about being raped than she was about where her dress was.
She told the federal court she felt violated when she found out that a female security guard had given an interview to Four Corners about finding her naked on a couch but she accepts the guard was correct that she was naked.
Until the security guard told the ABC she was completely naked, she had believed that the dress was scrunched up around her waist.
As I was being raped, it wasn’t my primary concern where my dress was … I was deeply more concerned about the penis in my vagina that I didn’t want than I was about my dress.
I wasn’t concerned about my dress in that moment. But the next morning when I woke up and vomited into the toilet, the first thing I did wasn’t [to think] ‘where’s my dress? Is it on my body or is it on the ground?’
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Higgins says: 'In those moments of trauma, my memory wasn't perfect'
Brittany Higgins has returned to the witness box after a lunch break to recommence her cross-examination by Bruce Lehrmann’s barrister, Steve Whybrow SC.
She agreed with Whybrow that what she told Channel Ten in a recorded interview about what woke her up on the morning after the alleged rape was not correct because “I was highly traumatised”.
The court was played an excerpt from the interview in which Higgins said she woke up when the security guards yelled into the office where she was asleep on the couch.
“Yeah, yes, that’s what I said. But I don’t believe that’s true now,” Higgins said.
Whybrow asked: “The reason you don’t believe it’s true is because, having reverse-engineered other evidence, it doesn’t fit with all the things you’ve said. Is that correct?”
Higgins told the court she believed at the time that what she said to Ten was true, but she knows now that her memory isn’t perfect and she got elements of her story wrong due to trauma.
“My memory was jogged by other evidence and I have I accept that it’s true,” Higgins said.
“I realised that in those moments of trauma, my memory wasn’t perfect. I remember them [the security guards] calling into the office.
“Just it’s the subsequent order in which these things happened when I was so hungover and almost vomiting into the minister’s bathroom, that now with the hindsight of other evidence, I accept, but that sober mind recollection is better than my own.”
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What Brittany Higgins has said so far this morning
Brittany Higgins was back in the witness box on Thursday morning in the defamation case against Network Ten and journalist Lisa Wilkinson.
The case is over an interview aired on Ten’s The Project, in which Higgins alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.
Bruce 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.
Here’s what we’ve heard so far today at the defamation trial:
Higgins said she was told in October 2019 that there had been a media inquiry about a sexual assault in Senator Linda Reynolds’ office. At the time she was working for Senator Michaelia Cash, who assured Higgins “she would make the media inquiry go away”.
Higgins said she was relieved when she heard Lehrmann was going to deny all sexual contact with her because she was afraid Lehrmann would claim it was consensual sex, which she believed would be “preposterous”.
Under cross-examination from Steve Whybrow SC, who also cross-examined her at the criminal trial, Higgins said she thought she was telling the truth during the criminal trial, but said she was “just not always correct. But I was always doing my best.”
Higgins admitted under cross-examination that when she said she had been locked in a bathroom having a panic attack for three hours, she was incorrect. Higgins said it was not three hours, but it felt like a long time.
Whybrow put to Higgins that she “alter and evolve your evidence as you find that extra information”. Higgins said that her memory was imperfect, but said “I know what happened during that day”.
Higgins was challenged over a book she has been contracted to write, and whether it affected her evidence in the defamation trial. She said if she ever writes a book, she will donate all the money to charity – and the book contract has been put on pause.
Higgins will continue being cross-examined this afternoon.
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Court takes a lunch break
Brittany Higgins has left the witness box while the court takes a lunch break until 2.15pm on what will be her second full day of evidence in the federal court.
Higgins has spent much of the morning facing a cross-examination by Bruce Lehrmann’s barrister Steve Whybrow SC.
Lehrmann has brought a defamation case against Network Ten and journalist Lisa Wilkinson over an interview with Higgins on Ten’s The Project in which she alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.
Uncertainty remains around the continuation of the federal court YouTube live stream after Justice Michael Lee warned if members of the public denigrate the barristers and the witnesses he will shut down the feed.
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Judge warns he may stop live stream if social media commenters abuse lawyers
Justice Michael Lee has warned if members of the public denigrate the barristers on social media he will reconsider allowing the case to be livestreamed on YouTube.
Lee heard that court staff were monitoring activity on X, formerly known as Twitter.
“I just make it perfectly clear to those observing that abuse of any legal practitioners involved in the case, it won’t be tolerated,” Lee said.
“And if the situation becomes one which I consider the benefits of livestreaming are outweighed by the fact that it’s encouraging activity which I regard undermines the integrity of the process then I’ll cease the live stream.”
In the interests of open justice the federal court has allowed a live stream of proceedings on YouTube, despite an objection by Ten.
“Network Ten’s asserted concerns for Mr Lehrmann’s right to a fair trial are misdirected. Mr Lehrmann’s preference is for the hearing to be livestreamed,” Lee said in his ruling last week at the start of the trial.
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Court shown separate plans of Linda Reynolds’ office annotated by Higgins and Lehrmann
The court is hearing cross-examination about when Brittany Higgins woke up in Parliament House after the alleged rape.
Separately, two plans of Senator Reynolds’ office were submitted in evidence and released yesterday publicly by the court, one annotated by Higgins:
and one annotated by Bruce Lehrmann:
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Higgins says writing book has been put on hold due to legal cases
Brittany Higgins has told the federal court if she ever writes a book she will donate all the money to charity.
Asked if she has a financial interest in the outcome of the defamation proceedings Higgins said: “I declare it now, if I ever actually finish the book, I will donate [the outstanding contractual sum of $216,667] to charity. I don’t care about the money.
“Take it as an oath right now. I don’t care about it.”
Higgins told the court she did sign a book contract but it has been put on pause due to all the legal cases she is involved in.
Higgins said the defamation case took primacy over writing a book.
“It’s tentatively on hold but I have no idea if it may happen one day but also I don’t ever want to do this again.”
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Higgins questioned about sequence of events
Steve Whybrow SC asked Higgins: “I’m suggesting to you that you alter and evolve your evidence as you find that extra information. Do you accept that?”
Higgins replied: “No, it’s just when something’s put to me, that’s clear. I didn’t refute that. Clearly this is this timeline and I can understand that memory is imperfect.”
“I can’t remember every moment of every day,” Higgins said. “I’m doing my best here. And I know what happened during that day. I’m not exactly sure in which sequence of events those four things happened.”
Whybrow is now questioning her about where she found a box of Roses chocolates she told the court she ate after the alleged rape when she woke up on the Saturday morning.
Higgins said she is not sure exactly where she found the box of chocolates.
Whybrow: “Is this another example like the sequencing in your evidence yesterday about the anxiety attack where you’re not necessarily giving evidence in a sequence?”
Higgins: “No, I wouldn’t say that.”
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Journalist Lisa Wilkinson, who is being sued alongside Network Ten by Bruce Lehrmann, is also present at court today:
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Higgins grilled about sequence of events on day she had a panic attack at parliament
Brittany Higgins has become tearful while under cross-examination about the sequence of events on a day she had a panic attack and locked herself in a bathroom at Parliament House.
“I don’t know, the rape?” Higgins said when asked why she had a panic attack. “Being in the company of people that I used to work with when I was happy? I don’t, I don’t know. I can’t tell you what triggered it. But it was a hard day. I don’t know why.”
Lehrmann’s barrister Steve Whybrow SC has questioned whether she has got her facts straight about the sequence of events on that day.
Whybrow has shown her a record of text messages which appear to contradict her version of events that day.
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Bruce Lehrmann is present in court today watching Brittany Higgins’ cross-examination.
Here he is arriving at court today:
Higgins questioned about duration of her panic attack
Brittany Higgins has admitted under cross-examination that she was “wrong about some significant matters” in the criminal proceedings against Bruce Lehrmann last year.
In answer to a question from Lehrmann’s barrister Steve Whybrow SC about getting some facts wrong, Higgins said: “I accept that. Absolutely.”
Higgins is being questioned about when she had a panic attack.
“I had a panic attack,” Higgins said. “And I missed the beginning of Steve Ciobo’s valedictory [speech]. “I acknowledged during the start of that day, I had lunch with Ben Dillaway and at one point in that day, I had drinks with Steve Ciobo and some of his staff in his new office.”
Higgins accepted that her saying she had been locked in a bathroom having a panic attack at Parliament House for three hours was incorrect.
Higgins said it was not three hours but it felt like a long time.
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Higgins concedes in cross-examination her criminal trial evidence was ‘not always correct’
Steve Whybrow SC begins by asking Higgins how long she spent with Ten’s legal team preparing for her evidence.
Higgins said she had four meetings with Ten over two months and had to go over her text messages.
Whybrow, who also cross-examined her at the criminal trial, has asked Brittany Higgins if she told the truth at the criminal trial of Bruce Lehrmann for sexual assault.
“I thought I was telling the truth, Higgins said. “I was just not always correct. But I was always doing my best.”
Higgins agreed she gave a statutory declaration to Channel 10 ahead of The Project interview going to air.
Higgins agreed she said in the statutory declaration in 2021 that she said a bruise on her leg which she took a photograph of was caused by the sexual assault.
Whybrow asked her why she gave a different answer yesterday when she was asked by Matt Collins KC what the bruise was from and she said it may have been from the sexual assault or from falling on the night in March when she was so drunk.
“I thought it could have been either the assault or tripping up the stairs,” Higgins said.
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Higgins says she was relieved when she heard Lehrmann was going to deny all sexual contact with her
Brittany Higgins resigned from Cash’s office in July 2021. She went to see the Australian federal police again with her partner David Sharaz and reactivated her complaint. She gave a record of interview to the AFP and told the police she was going to be speaking to the media.
The court heard that Higgins found out from news.com.au journalist Samantha Maiden that Bruce Lehrmann was going to deny all sexual contact with her.
Higgins said she was relieved to hear it because she was afraid Lehrmann would claim it was consensual sex.
“I was really relieved,” Higgins said. “I thought that like we were going to have this very nuanced debate about consent and alcohol and all this kind of stuff. And I was really shocked and kind of happy at the time that he was saying that nothing had happened. Because to my mind, it was so preposterous.”
Higgins’ examination by Ten’s defence counsel Matt Collins KC is over and her cross-examination by Lehrmann’s barrister Steve Whybrow SC has begun.
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Higgins says Michaelia Cash assured her she would make media inquiry about sexual assault ‘go away’
Brittany Higgins has told the court when she worked for Senator Michaelia Cash in October 2019 she was told there had been a media inquiry about a sexual assault in Linda Reynolds’ office.
Higgins said one of Cash’s staffers told her there had been “a media inquiry about an alleged sexual assault that occurred in Senator Reynolds’ office in March 22 of 2019”.
Higgins said she was immediately upset and met with staff from Cash and Reynolds’ office to discuss how to handle the media inquiry.
Higgins told the court she then met with the minister herself and Cash assured her “she would make the media inquiry go away”.
“Immediately, Michaelia Cash embraced me and gave me a hug,” Higgins said.
“I don’t specifically remember what she said … she was just reassuring me … [and] said words to the effect that everything would be OK.”
The court was played a voicemail message from Cash which assured Higgins that everything would be OK.
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This blog will cover major developments during the day.
In the interests of open justice and due to significant public interest, the federal court is livestreaming this case.
You can follow the Bruce Lehrmann defamation trial live stream on YouTube here.
Brittany Higgins returns to witness stand for second full day
Brittany Higgins will return to the witness box for her second full day of evidence this morning after a day which saw her recount in graphic detail her alleged rape by Bruce Lehrmann.
Lehrmann has brought a defamation case against Network Ten and journalist Lisa Wilkinson over an interview with Higgins on Ten’s The Project in which she alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.
Higgins told the federal court she was sexually assaulted in March 2019 in Parliament House, and her relationship with her employer Senator Linda Reynolds deteriorated after she reported the incident.
Higgins was “really personally hurt” by the way Reynolds and the Liberal party “abandoned” her after she disclosed the incident.
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.
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