Here are the five biggest moments from Linda Reynolds and Brittany Higgins’ defamation trial
8 mins read

Here are the five biggest moments from Linda Reynolds and Brittany Higgins’ defamation trial

That’s all — for now.

The high-profile and emotional defamation trial between Linda Reynolds and Brittany Higgins is proceeding without a shout — or at least without a verdict, which Judge Paul Tottle has decided to weigh in on.

While there wasn’t a ton of shouting, considering this was a defamation trial, there was certainly no shortage of mudslinging over the past month of hearings.

Senator Reynolds is suing Ms Higgins for defamation, alleging she has suffered harm, distress and reputational damage because of three social media posts her former staffer made last year.

The posts, which have since been deleted, accused the senator of mishandling Ms Higgins’ rape allegation, continuing to harass Ms Higgins after the incident and attempting to “silence” victims of sexual assault.

Ms Higgins was allegedly raped in Senator Reynolds’ office in March 2019 by her colleague Bruce Lehrmann. She first spoke about her experience two years later in interviews with Channel 10 and News.com.au.

Mr. Lehrmann’s rape trial was halted because of jury misconduct, and he has always maintained his innocence. But in a separate civil defamation trial, federal judge Michael Lee ruled that he raped Ms. Higgins, finding it probable.

Mr Lehrmann is appealing this ruling.

But this trial was not about the alleged rape itself, but about who did what in the weeks and years following that shocking event in 2019.

The court heard from 24 witnesses, 23 of whom were called by members of Senator Reynolds’ team and only one by Ms Higgins’ lawyers.

In addition to the evidence, Judge Tottle will have to review more than 700 exhibits presented by both sides.

Here are the five most important moments in the process.

1. The Villain in the Fairy Tale

Senator Reynolds’ lawyer, Martin Bennett, began his case in dramatic fashion, accusing Ms Higgins of needing a villain for her “fairytale” story of a political cover-up.

That villain, he said, was Senator Reynolds, who was accused of ostracising Ms Higgins, mishandling her rape complaint and harassing her.

Martin Bennett in a dark jacket walks down a street in Perth's central business district.

Martin Bennett said Brittany Higgins cast Linda Reynolds as a “villain” in a “fairy tale” about a political cover-up of her alleged rape. (ABC News: Andrew O’Connor)

Ms Higgins’s barrister, Rachael Young SC, disagreed with Mr Bennett’s description of her client’s allegations, telling the court what happened to Ms Higgins was “never a fairy tale” and the suggestion was “inappropriate, harassing and re-traumatising” to the young woman.

Mr Bennett continued his slant on Ms Higgins’ “organised campaign” to have his client’s guardianship removed, telling the court her social media posts were “highly defamatory” and part of a plan she and her partner, David Sharaz, had devised to do so.

2. Senator’s emotional testimony

Senator Reynolds testified for a full five days, and her testimony was at times candid and emotional.

Recalling the toll the saga had on her, the senator, who at times tearfully, spoke of how she went from someone who had done a good job as defence secretary to someone who was “vilified across the country” and how it affected every aspect of her life.

As she said, she was hospitalized, now has to take heart medication, and her mental health has also suffered.

Linda Reynolds wipes her eye under her glasses with a tissue as she sits in the Senate chamber

Linda Reynolds has said the pressure she faced following the revelation of rape allegations against Brittany Higgins has taken a significant toll on her health. (AAP: Mike Tsikas)

She also unexpectedly intervened, suggesting that the stress of Ms Higgins’ rape cover-up allegations led to the death of Labor senator Kimberley Kitching in 2022.

This prompted Judge Paul Tottle to remind her not to attribute motives to other people.

3. Scott Morrison’s Evidence

Former Prime Minister Scott Morrison has given evidence in support of his former Defence Minister in the rape case against Ms Higgins.

During his testimony, Mr Morrison was forceful and aggressive, at one point drowning out Judge Tottle and the judge had to ask him several times to answer Ms Young’s questions.

It was a reminder of his bombastic style as prime minister and a performance that would have pleased the senator and her legal team.

close up of the side of Scott Morrison's face

Scott Morrison was an aggressive bystander. (ABC Alice Springs: Xavier Martin)

Mr Morrison said Senator Reynolds and her office had “done everything they could” to support Ms Higgins, who the former prime minister said then “used the issue for political purposes to discredit Senator Reynolds, the government and, more broadly, myself”.

Under cross-examination, Mr Morrison insisted he had removed Senator Reynolds as defence barrister only because of her ill health, not because she had called Ms Higgins a “lying cow”, which he said was “out of character”.

4. Brittany Higgins is not giving evidence in person

As the court entered its third week, Ms Higgins’s barrister, Ms Young, announced the shock news that her client would not be giving evidence.

She was due to fly in from France to give evidence. It was expected to take her a week to testify.

However, Ms Young said Ms Higgins was medically unable to travel and could not give evidence by video link for the same reasons.

She submitted a number of confidential medical reports to the court to support her claims and said the court should instead rely on evidence given by Ms Higgins in Bruce Lehrmann’s rape and defamation trials.

Mr Bennett repeatedly raised the issue of Ms Higgins’ failure to appear at the hearing, telling the court that “from the sanctity of her home in France” she had “arrogantly” tried to suggest that she had suffered greater harm following the alleged rape than Senator Reynolds.

5. The Game of Accusations and Evil Purpose

Ms Young’s final submission to the court said Senator Reynolds had chosen an “evil target” in Ms Higgins, suggesting the senator was the architect of her own downfall.

“(Senator Reynolds, a senator and former Commonwealth Minister, wants to restore her reputation by blaming it on one of her junior staff who was raped,” she said.

The senator said the testimony was “uncredible, problematic and self-serving” and was intended to portray her suffering as greater than that of Ms Higgins.

“Without a doubt, the greatest burden has been, and will continue to be, placed on Ms Higgins, the victim of a serious crime that has affected every aspect of her life,” she said.

What will happen now?

Judge Paul Tottle retired to deliberate on the verdict.

The senator will have to decide on the amount of damages awarded to Ms Higgins’ partner, David Sharaz, who has decided not to contest a defamation claim Senator Reynolds has brought against him over his social media posts.

And whatever decision Higgins makes in the case, Judge Tottle will have to determine whether Senator Reynolds is entitled to damages – and, if so, how much.

If he finds she has failed to prove the allegations, he is likely to be asked to rule on Ms Higgins’ costs.

We don’t know how long this could take—probably weeks or months. Watch this space.

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