A claim that Brittany Higgins’ phone was remotely wiped by someone in parliament raised “unanswerable questions” and was not used by Network Ten in reporting her rape allegation, a court has heard.
Producer Angus Llewellyn worked on a February 2021 segment of The Project over the alleged sexual assault.
He said in texts that month to journalist Lisa Wilkinson that the allegations of government interference brought up unanswerable questions and weakened, rather than strengthened, Ms Higgins’ “very strong” claims.
Giving evidence in a Federal Court defamation trial on Tuesday, Llewellyn said Ms Higgins signed a statutory declaration saying a screenshot of a photo provided to the network was of a bruise caused during her alleged rape by Bruce Lehrmann.
He said this was done due to inconsistencies between Ms Higgins’ claims data on her phone had been erased and the fact she still had some photos and screenshots to supply to Ten.
Ms Higgins alleges she was raped by Lehrmann in the Parliament House office of their then boss Senator Linda Reynolds in March 2019.
He has always denied the rape allegation, saying no sexual contact occurred, and is suing Ten and Wilkinson for defamation.
In her earlier evidence to the court, Ms Higgins acknowledged the bruise was not necessarily caused by the alleged rape and could have happened after she fell over drunk at a nightclub that same night.
Llewellyn said he attributed the missing data on Ms Higgins’ phone to a “stuff up” rather than any conspiracy.
While this angle was left out of The Project segment when it went to air, suggestions by Lehrmann’s barrister Matthew Richardson SC that Ten had decided to “bury” this issue were firmly rejected.
“You failed in your obligation to check the credibility of the source and her evidence in respect of this photograph,” the barrister said.
“I would disagree with that, Mr Richardson,” Llewellyn replied.
In texts with Ms Higgins’ fiance David Sharaz, Llewellyn spoke of her going to police before The Project was aired.
He told the court he wanted to get confirmation an investigation was occurring but denied Mr Richardson’s suggestions he had improperly “pressured” Ms Higgins to speak to police to assist The Project story.
Before Llewellyn took the stand, Justice Michael Lee was told a recording of Ms Higgins’ lawyer Leon Zwier and others at Sydney’s Park Hyatt Lobby Bar on December 4 was being sought by Lehrmann.
The audio reportedly reveals the solicitor discussing how Ms Higgins could respond to questions in cross-examination as she gave evidence in the Federal Court.
There is no suggestion Ms Higgins was present during the Park Hyatt conversation or that she received advice relating to the topics discussed.
While under cross-examination, a witness is specifically told not to discuss the case with anyone else.
During the trial, Justice Michael Lee gave Ms Higgins these express instructions each time she left the witness box to return later.
Sky News, which published an article on Mr Zwier’s discussion on Tuesday morning, has until Tuesday afternoon to hand the audio over.
The court heard there may be issues over whether the audio was illegally recorded and whether it could be admissible as evidence in court.
Lehrmann was charged in August 2021 over the alleged rape, but his criminal trial in the ACT Supreme Court was derailed by juror misconduct.
Prosecutors did not seek a second trial, citing concerns for Ms Higgins’ mental health.
Lehrmann is also before Queensland courts accused of raping another woman twice in Toowoomba in October 2021.
He has not yet entered a plea, but his lawyers have indicated he denies the charges.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
