Senator Linda Reynolds has been accused of attempting to “coach” defence lawyers during the cross-examination of her former staffer Brittany Higgins and inappropriately seeking to obtain transcripts of her evidence prior to coming to court.
Reynolds on Monday began her evidence to the ACT supreme court, which has previously heard allegations from Higgins that she felt pressure from her then minister not to pursue a police complaint over her alleged rape at the hands of colleague and fellow Coalition staffer Bruce Lehrmann.
The court heard explosive evidence that Reynolds had sought to obtain transcripts of Higgins’ evidence prior to coming to court to give her own testimony.
Reynolds, the court heard, had also texted defence barrister, Steven Whybrow, while Higgins was in the witness box, seeking transcripts of her evidence in the trial.
The request was made two hours into Higgins’ cross-examination on 6 October.
Reynolds also suggested to Whybrow that texts between Higgins and another former Reynolds staffer, Nicole Hamer, may be “revealing” to the defence.
Prosecutor Shane Drumgold SC said: “What was your motive in attempting to coach the cross-examination?”
Reynolds replied: “That’s not what I was seeking to do.”
Drumgold pressed Reynolds on why she had attempted to seek to obtain transcripts of Higgins’ evidence prior to coming to court.
Reynolds responded: “Because I was curious to know what had been said, but I was advised by my lawyer that that was not appropriate.”
Drumgold accused Reynolds of being “politically invested” in the trial – something the senator rejected – before questioning why her partner, who lives in Perth, had “found himself in the back of the court” for the trial.
“My lawyer has been very clear with him not to discuss it with me,” Reynolds said.
Reynolds said the pair also owned a property in Canberra.
The court heard Reynolds was in Rwanda at the time of Higgins’ evidence.
“You’ve not got better things to do in Rwanda?” Drumgold asked.
Reynolds later clarified she was in Perth at the time. She also said she had interacted with both Drumgold and Whybrow in the past, and had not realised it was something she was not allowed to do.
Reynolds has maintained that she did not have knowledge of Higgins’ allegations of rape in 2019.
Drumgold put it to her that she knew of the alleged rape within two weeks, learning of it during an 1 April 2019 meeting with Higgins and Reynolds’ then chief of staff, Fiona Brown. The incident is alleged to have occurred in the early hours of 23 March 2019.
Drumgold suggested to Reynolds that, with an election looming, she was chiefly concerned at that time with how it could harm the Coalition’s election prospects.
“I’m suggesting to you that when you had a meeting with Ms Higgins on 1 April, that your dominant concern was that this would harm the pending election?” Drumgold said.
Reynolds responded: “I categorically and utterly reject that assertion, it’s not true.”
Drumgold pressed on, saying: “And I’m suggesting that you adopted an approach of the less you know about this, the better?”
Reynolds responded: “Absolutely not.”
Reynolds’ evidence concluded on Monday afternoon.
Lehrmann is accused of raping Higgins on the couch of Reynolds’ office on 23 March 2019, after a night of drinking at bars in Canberra.
Lehrmann denies the allegation and is fighting one charge of sexual intercourse without consent at trial in the ACT supreme court.
The trial continues before chief justice Lucy McCallum.
