Brittany Higgins will no longer be called to give evidence in proceedings launched against her by former boss Senator Linda Reynolds.
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 Bruce Lehrmann 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.
Ms Higgins’ lawyer Rachael Young told the WA Supreme Court on Monday they no longer required Ms Higgins to give evidence.
“The first is, we’re not obliged to go into oral evidence,” Ms Young said.
“The second is, we don’t think we need to call Miss Higgins to satisfy your honour as to the defendant being successful in these proceedings.
“The third is a matter of Ms Higgins’ medical state.”
Confidential medical reports were handed to the court on behalf of Ms Higgins.
Ms Higgins was due to travel from France to Perth to take the witness stand for five days from next Monday.
The senator’s lawyer Martin Bennett told reporters outside of his client wanted the truth established and adjudicated by a judge, not for people to talk about their truth.
“It is what it is,” he said.
“(Senator Reynolds) cannot raise it under parliamentary privilege in parliament because there is no way in hell you can test what she says against what Ms Higgins claims is her treatment,” he said.
“It is her word against Ms Higgins, now Ms Higgins isn’t coming.
“I’m sure what Senator Reynolds would be unhappy about is the contest will not be her word against Ms Higgins.
“That’s unsatisfactory. Linda Reynolds has waited years to vindicate her reputation and this is the day but these things happen in trials.”
The trial continues.
Source Agencies
