The long running defamation battle between senator Linda Reynolds and her former staff Brittany Higgins will enter its third week in the WA Supreme Court on Monday.
Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a number of social media posts the pair made in 2022 and 2023.
The posts were critical of Senator Reynolds’ handling of Ms Higgins’ allegation she was raped in Parliament House in 2019 by her then-colleague Mr Lehrmann.
He was charged with rape and faced trial in 2022, but the trial was aborted due to juror misconduct.
The charge was dropped and Mr Lehrmann continues to maintain his innocence.
Mr Lehrmann lost a subsequent civil defamation case in April this year when the Federal Court determined, on the balance of probabilities, that Mr Lehrmann had raped Ms Higgins at Parliament House. He is appealing this decision.
On Monday, Justice Tottle will decide if the senator’s former chief of staff Fiona Brown will have to give evidence during the trial in person.
Ms Brown’s senior counsel Dominique Hogan-Doran provided the court last week a confidential report and medical certificate requesting that she be excused from giving evidence in court.
It is anticipated Ms Brown may be able to give her evidence in the form of a written statement.
Ms Higgins’ lawyer Rachel Young said they had no difficulty with the order being proposed by Ms Brown, and did not want to cause her distress by calling her to court to give evidence.
She said as long as what they had been told by Ms Brown’s lawyers was consistent and accurate with what was provided to the court then they would not oppose Ms Brown being released.
Mr Bennett said he did not anticipate an argument and agreed a suppression order should be imposed.
He also told the court they may move through the witness list earlier than expected which could result in Ms Higgins giving her evidence earlier than August 26.
But that is likely to be opposed by her defence team and Justice Tottle who said it might be difficult for her logistically.
The trial continues.
Source Agencies
