Brittany Higgins’ 30 minutes of panic in a bathroom after Bruce Lehrmann trial scrapped

Brittany Higgins collapsed and had a panic attack in a courtroom bathroom when she learned the trial of her alleged rapist Bruce Lehrmann had been dropped, an investigation has found.

Heidi Yates, the ACT Commissioner for Crime Victims, told a committee of inquiry on Thursday that she was deeply concerned about Ms Higgins’ well-being on October 27 – when Mr Lehrmann’s trial was dropped for misconduct by a juror.

Ms Higgins, a parliamentary assistant at the time, alleged that in March 2019 Mr Lehrmann raped her in a minister’s office in Parliament, an allegation that rocked the political world.

He denies the charges and has always maintained his innocence.

Ms Yates last year acted as a supporter of Ms Higgins before and during the ACT Supreme Court trial and publicly supported her every day outside the court – in full view of photographers and television cameras.

Erin Longbottom – the legal counsel advising the inquiry – asked Ms Yates on Thursday how she came to stand next to Ms Higgins when she gave an emotional speech outside court following the trial’s failure.

The speech was later referred to the Australian Federal Police for possible contempt, pending a new trial. However, the ACT Director of Public Prosecutions, Shane Drumgold, dropped the charges entirely on December 2.

Ms Yates told the inquiry that the speech had been prepared by Ms Higgins and her lawyer Leon Zwier in the weeks leading up to an acquittal or conviction. They hadn’t prepared for a mistrial, but still read the same speech.

The victim’s lawyer said she was copied to those emails and believed Mr Drumgold knew Ms Higgins wanted to make a speech out of court.

Ms Yates told the inquiry that she stood by Ms Higgins throughout the speech because she was concerned for her well-being, rather than the content of the prepared statement.

When Ms Longbottom asked why she was so concerned about the complainant, Ms Yates described in great detail the moments leading up to the mistrial.

Mrs. Longbbermans said, “You were in court that morning with Mrs. Higgins, and you were present when the jury was dismissed.”

Mrs Yates said ‘yes’.

Mrs. Longbottom asked, “Were you present for the entire court hearing that morning?”

Ms Yates said no because when Chief Justice Lucy McCallum told the court she was going to dismiss the jury, Ms Higgins started having trouble breathing.

Ms Higgins, a parliamentary assistant at the time, alleged that Mr Lehrmann (pictured) raped her in a minister’s office at Parliament House in March 2019, an allegation that rocked the political world

“I heard the change in her breathing and then she said, ‘I have to go,’ and I’m not a doctor, but I thought she was having a panic attack.

“I was next to her so I got up and she was in front of me and I escorted her to the bathroom – once inside she got very upset.”

Ms Yates said they were in the bathroom for about 15 minutes, during which time Ms Higgins entered a stable in a state of extreme distress.

“I was eager to give her privacy, but I verbally checked on her and tried to put an ear to the door, but it took Mrs. Higgins a long time to settle,” she recalls.

By the time Mrs. Higgins had settled in, the hearing was over.

Ms Yates took Ms Higgins to the remote witness room, where she normally watched the trial rather than sitting in the public gallery, where she was surrounded by Mr Zwier, her friend Emma Webster and partner David Sharaz.

She recalled being in the remote witness room for about 20 minutes, during which time she began bringing “glasses of water and cups of tea” to Ms Higgins to calm her down – noticing hand tremors and troubled breathing.

“She wasn’t at her best and I stayed out of the room to give her time to talk to her loved ones and to be honest about settling myself,” she said.

“It had been an extremely stressful few months, and an 18-month period of intense involvement in an extraordinary case. What happened indicated the mistrial, which meant [the trial] may need to be heard all over again.

“I was particularly concerned about Ms. Higgins’ grief, as described, that caused us to leave the courtroom. I was very concerned about Ms. Higgins, because in the past a change or an update had made her very unwell quite quickly.”

Heidi Yates (pictured), the ACT Commissioner for Victims of Crime, told a committee of inquiry on Thursday that she was deeply concerned about Ms Higgins’ well-being on Oct. 27 – when Mr Lehrmann’s trial was dropped for misconduct by a juror

Ms Yates said it was her responsibility to ensure that Ms Higgins returned safely to her accommodation as ‘she was clearly not well’.

Ms Lubbermans then spoke out of court about Ms Higgins’ speech and asked Ms Yates if she was aware of the context of that speech.

“I was copied in correspondence with her lawyer and it contained drafts of the statement,” she said.

Mrs. Longbottom continued, “Was toy in the possibility that a speech by Mrs. Higgins would speak to the truth of the allegations Mrs. Higgins had made against Mr. Lehrmann?”

She replied, “I didn’t think of it at the time, I recognize in hindsight it could have been, but I was ready to make arrangements to return Mrs. Higgins to her accommodation during a very stressful period.”

Ms Yates said she facilitated the speech, meaning she asked the court sheriffs where Ms Higgins could stand if she was to make a statement out of court.

She told the inquiry: “Someone said she wanted to make a statement out of court. I wasn’t focused on what she might or might not say.”

Mrs. Longbbermans then asked, “But would you accept that if Mrs. Higgins were to make a statement about the truth of the allegations, as Commissioner for Victims of Crime it might be problematic to stand with her in public?”

Mrs. Yates replied, “I can honestly say I didn’t think of that that day.”

She said Mrs Higgins asked her to stand beside her during the speech, which Mrs Yates did because she was worried.

“She didn’t look well – distressed, shaking hands, should she choose to pause outside of court so she’d have a panic attack or collapse, and those welfare issues were at the forefront of my mind,” Ms Yates explained.

When asked if she was aware of the contents of the speech, Ms. Yates said, “I had been copied in several e-mails.”

“Her attorney was working on that statement and Mr. Zwier was in contact with DPP that Ms. Higgins was planning to make a statement, and I was very grateful to Mr. Zwier for being there.”

The investigation has now been formally concluded and a report will be prepared on the handling of the case.