Brittany Higgins’ former boss says she fought pressure from two federal ministers to make a report with police before the alleged rape survivor chose to lodge her own complaint.
Senator Linda Reynolds’ former acting chief of staff Fiona Brown was working in Parliament House at the time Ms Higgins was allegedly raped by Bruce Lehrmann in March 2019.
Ms Brown gave evidence of meetings with Ms Higgins after a security incident in which the junior media adviser and Lehrmann entered Parliament House in the early hours of a Saturday.
In the week afterwards, Ms Higgins disclosed to Ms Brown that she had woken up to find Lehrmann on top of her, the Federal Court heard during a defamation trial on Tuesday.
In the aftermath of this, Senator Reynolds and then-special minister of state Alex Hawke insisted that Ms Brown notify the police about what had happened rather than waiting for Ms Higgins to make a complaint, Justice Michael Lee was told.
“You were concerned that this was covering themselves, that’s all they were worried about?” barrister Sue Chrysanthou SC said.
“Yes,” Ms Brown replied.
She told the court she pushed back against the request, saying Ms Higgins needed to make a personal choice about whether a formal complaint should be filed.
There were also the lives of two 23-year-olds to consider, she told the court.
“You just can’t walk into a cop shop and do something like that,” Ms Brown said.
Ms Chrysanthou is representing journalist Lisa Wilkinson, who is being sued alongside broadcaster Network Ten for defamation.
Lehrmann says the alleged rape never occurred and that a February 2021 interview on The Project with Ms Higgins destroyed his reputation.
Ms Higgins claims she was sexually assaulted by her fellow Liberal staffer while she was intoxicated on Senator Reynolds’ couch on March 23, 2019.
In her evidence, Ms Brown said there was “absolutely” no political expediency in the response to the incident, denying claims there had been a cover-up in an attempt to suppress Ms Higgins’ allegation.
“There was no cover-up,” she said.
“The police were consulted, the Department of Finance was consulted, the (Department of Parliamentary Services) knew. There was no cover-up.”
She insisted Ms Higgins never made a direct allegation of assault during meetings in the week after the two young staffers were spotted entering Parliament House after hours.
She said she was “blindsided” by a claim that Lehrmann had been on top of Ms Higgins but added she had not been informed of any allegations that something criminal had occurred.
Ms Brown was also told to provide Ms Higgins with information about Parliament House’s employee assistance program and the national domestic violence and sexual assault hotline.
Lehrmann was dismissed after the incident because he had already been warned after an earlier security breach where he left a classified document unattended on a desk.
Ms Higgins was not terminated as there had been no previous problems with her behaviour, the court heard.
“She was fairly new, so it was taken on that basis,” Ms Brown said.
Tim Reedy, an expert lip reader hired by Ten, will be the final witness in the long-running trial and will give evidence on Tuesday afternoon.
Mr Reedy has been asked to review CCTV footage of Ms Higgins, Lehrmann and other parliamentary staff at Canberra bar The Dock, where they gathered for drinks the evening before the alleged sexual assault.
Lehrmann’s trial in the ACT Supreme Court charged with raping Ms Higgins was derailed by juror misconduct.
Prosecutors did not seek a second trial, citing concerns for Ms Higgins’ mental health.
He has been charged with allegedly raping another woman twice in Toowoomba in October 2021 and remains before Queensland courts.
He has not yet entered a plea but lawyers have indicated he denies that allegation.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
