Liberal senator Linda Reynolds says it’s time for the truth to be told as her bitter defamation case against former staffer Brittany Higgins heads to court.
The former defence secretary is suing Ms Higgins over a series of social media posts she says damaged her reputation.
Mediation failed to resolve the case. The case is scheduled to appear in the Supreme Court of Western Australia on Friday, where arguments will open.
The couple shared posts in 2022 and 2023 critical of Senator Reynolds’ handling of Ms Higgins’ allegation that she had been raped in Parliament House by her then-colleague Bruce Lehrmann in 2019.
Mr. Lehrmann was indicted and was scheduled to go to trial in 2022, but the trial was halted due to juror misconduct and the charges were dropped shortly thereafter.
Mr. Lehrmann has pleaded his innocence and continues to maintain his innocence.
Linda Reynolds’ devastating message upon arrival
Linda Reynolds arrived at the WA Supreme Court just before 10am on Friday surrounded by her legal team, with her husband Robert Reid holding her hand.
Linda Reynolds told reporters outside court she had “confidence” in the case
She did not stop to speak to reporters outside the courthouse, but answered questions briefly along the way. She said she was “confident that the truth would be told — it really is time for the truth.”
Shortly after, Brittany Higgins’ defense team arrived at the courthouse.
Her lawyer Rachel Young did not respond to questions and did not confirm whether Ms Higgins would attend.
The former Liberal Party staffer is reported to be returning to Australia from France at some point to testify.
Senator Reynolds’ claim
Ms Reynolds argued in her writ that the messages from Ms Higgins and Mr Sharaz indicated the senator had conducted a “campaign” of intimidation against Ms Higgins and had failed to support Ms Higgins following her rape allegation.
The document alleged that Ms. Reynolds “wants to silence victims of sexual abuse” and that she engaged in questionable conduct during Mr. Lehrmann’s trial.
Ms Reynolds further claims that the “intense questioning” she faced in the Senate following Ms Higgins’ rape allegations aired on The Project aggravated a previously undiagnosed heart condition.
The senator said she was hospitalized in March 2021 as a result of “the stress caused by the Project deployment and the aggressive questioning of her in the Senate, which were a direct result of the defendant’s behavior.”
WhatsApp request
Senator Reynolds filed a last-minute request to amend her claim to include WhatsApp messages from Brittany Higgins to a journalist and her husband.
Ms Reynolds’ legal team, led by Martin Bennett, said they had applied to amend the writ in relation to two recent publications by Ms Higgins.
The senator’s legal team wants to see messages Ms Higgins sent to her husband David Sharaz and to a journalist from news.com.au, but they have been deleted from Ms Higgins’ electronic devices.
Ms Higgins claims her WhatsApp messages are automatically deleted once sent and she is unable to provide the relevant publications.
Ms Reynolds’ legal team wants Mr Sharaz to provide the messages, but he refuses to hand them over, the court heard.
Mr Bennett said they had received an unwritten statement from Ms Higgins’ lawyer, Carmel Galati, who was the subject of the application.
“While Mrs Higgins enjoys life in France, she does not have time to take an oath,” Mr Bennett said.
Higgins’ defense
In documents released by the High Court, Ms Higgins revealed she will argue the social media posts were largely true and that she was sharing her views on “a matter of public interest”.
Mrs Higgins (pictured with her husband David Sharaz) is expected to return from France to give evidence during the trial
Ms Higgins alleges in the documents that Ms Reynolds shared “confidential correspondence” with the media, including an internal government department email marked “sensitive: personal” regarding the multi-million dollar payment Ms Higgins received in compensation after the alleged rape.
Ms Higgins further alleges that the Senator conducted a “campaign of intimidation” against her by providing “confidential information to the media” relating to mediation and complaints to the Commonwealth, and by “directly or indirectly” questioning her personal injury claim against the Commonwealth.
The process takes five weeks.
Ms Higgins is expected to return to Australia from France to give evidence. Other high-profile witnesses, including former Prime Minister Scott Morrison, are also expected to appear.
More to come
