Any communications between Brittany Higgins and sexual assault survivor advocate, Saxon Mullins, over a newly created page to fundraise for Higgins’ legal costs will be handed over to Linda Reynolds’ legal team, a court has heard.
The Western Australian Liberal senator is suing Higgins for a series of social media posts published in July 2023, which she says damaged her reputation.
In court on Tuesday, Reynolds’ lawyer, Martin Bennett, said any communications could reveal whether the fundraising page was coordinated by Higgins as part of an attempt to “capture some public opinion” and to cast the defamation trial as being about Brittany Higgins’ alleged 2019 rape.
The subpoena, which was ultimately granted by Western Australia supreme court Justice Paul Tottle with documents due next Wednesday, also extends to any communications between her husband, David Sharaz, Higgins’ Perth-based lawyer, Carmel Galati, and a political adviser, Emma Webster.
“It’s a timing issue as well,” Bennett said. He pointed to the page’s creation on Monday, the same day Reynolds began giving her evidence in the defamation trial.
Higgins’ lawyer, Rachael Young SC, said it was beyond any “stretch of the imagination” that the page formed part of an alleged conspiracy by Higgins to damage the senator’s reputation.
Mullins posted on Twitter/X on Monday that Higgins “has endured an endless stream of attacks and is now being sued”. The fundraising page has raised more than $30,000 so far.
On Monday afternoon, as Reynolds began giving evidence, Higgins also shared a story on Instagram.
The story featured the latest book by Julian Assange’s lawyer, Jennifer Robinson, How Many More Women? How The Law Silences Women. Higgins’ post included the words “Pertinent reading”.
Bennett said both examples showed Higgins’ attempts to “mischaracterise the nature of these proceedings” and to cast Reynolds as someone “seeking to silence” sexual assault survivors.
The final minutes of the third day in the defamation trial provided another twist after Higgins’ defence launched their own subpoena.
Young subpoenaed a document from the office of ACT chief minister, Andrew Barr. It was first tendered to the ACT’s board of inquiry, helmed by Walter Sofronoff in 2023.
The documents, which Young said contained correspondence between Reynolds and Bruce Lehrmann’s then barrister, Steven Whybrow in the lead up to criminal trial, could be used in cross-examination of Reynolds later this week.
Bennett took issue with the eleventh hour request, saying it could be prejudicial.
“Even if we’re provided a copy of it … on Thursday, my client will be in cross-examination. I’ll have no ability to take instructions on any of the communication,” Bennett said.
“There is no explanation as to why this was done today, when [Young] is going to commence cross-examination [of Reynolds] tomorrow morning.”
Justice Tottle granted the subpoena, ordering the defence to hand a copy to Reynolds’ team once it became available on Thursday.
The hearing continues on Wednesday.
In February 2021, Higgins publicly alleged that she had been raped in Parliament House by Bruce Lehrmann in March 2019.
Lehrmann has always vehemently denied the allegation and pleaded not guilty at a criminal trial, which was aborted due to juror misconduct. A second trial did not proceed due to prosecutors’ fears for Higgins’ mental health.
As part of Lehrmann’s failed defamation trial against Network 10 and Lisa Wilkinson, a federal court in April found that, on the balance of probabilities, he raped Higgins.