Brittany Higgins rape allegations ‘fake’ bruise photograph explained

New documents have revealed Brittany Higgins’ explanation of why the date of a key photo of a bruise on her leg didn’t match the timeline of her rape claims against Bruce Lehrmann.

The documents, released by an ACT Government Commission of Inquiry into the police and prosecution’s handling of the case, also reveal that Ms Higgins spoke to her then-boyfriend David Sharaz about deleting several files from her phone, for which police warned her “looks deceiving.”

Ms Higgins said those files were the audio of conversations she recorded ‘for personal records’ and she ‘didn’t know if this was ok’.

Ms Higgins had shared a photo with police showing what appeared to be a large bruise on her thigh, which she said was caused by Lehrmann holding her as he allegedly raped her in the office of their Defense Secretary Linda Reynolds.

In a legally binding legal statement issued five days before her explosive interview with Lisa Wilkinson on The Project, Ms Higgins said the photo was taken on April 3, 2019, 11 days after the alleged attack on March 23.

But digital forensic experts said there was no evidence it existed on her phone until just a few weeks before the February 2021 rape allegations went public, nearly two years later, and there was no prior mention of it in her text message. to inform.

Now new documents show Ms Higgins told police it was actually a screenshot of a photo she had taken had saved on WhatsApp.

The original was lost when the app was later deleted from her phone along with other files.

Mr Lehrmann, who strenuously denies all allegations against him, branded the photo a “fabrication” in his interview with Seven’s Spotlight earlier this month.

He added: “That’s the only explanation – that it was made up or that it’s a bruise from much later.”

During Mr. Lehrmann’s rape trial, Ms. Higgins denied she falsified the evidence, telling the ACT Supreme Court, “I’m not a monster.”

Now her explanation to police has been revealed in the notes of her support person, Victim of Crimes Commissioner Heidi Yates, which were published as part of the ACT Commission of Inquiry into Mr Lehrmann’s investigation and prosecution.

Mr Lehrmann’s trial was dropped in October due to juror misconduct and all charges were dropped in full in December over concerns about Ms Higgins’ mental health.

The documents show that Ms Higgins told AFP Detective Scott Moller and Detective Inspector Marcus Boorman that she had saved the original in a message to herself on WhatsApp.

But the photo sent to The Project was actually a screenshot of the original, which was lost when the app was deleted from her phone and she got a new phone.

“I took it to text myself via WhatsApp during budget week 2019,” she told police when questioned about the timing of the photo, Ms Yates’s notes revealed.

“Police have a screenshot from January 19, 2021. Was when BH was sent to The Project.”

Ms Yates noted that detectives wanted to know when the original photo was taken and if it was still on her previous phone that she had used at the time.

But according to Ms Yates’s notes, Ms Higgins confirmed that WhatsApp was deleted (she wasn’t the one who did this). Doesn’t have original photo anymore.’

In her legal statement, Ms Higgins said she took the photo of her bruised thigh on April 3, 2019, 11 days after the alleged attack.

Ms Higgins’ legal declaration was certified on the Gold Coast by a Justice of the Peace in Brisbane, with Ms Higgins initialing the document in two places and signing her name at the bottom.

The statement read: ‘The photograph in Appendix B shows the bruise on my leg caused by Bruce Lehrmann during the rape and assault that took place in Secretary Reynolds’ office on March 22-23, 2019.

“I took the photo with my iPhone in Appendix B on April 3, 2019.”

Anyone who knowingly makes a false statement in a legal statement could face up to four years in prison. Ms Higgins said in the legal statement that she did not lie or misrepresent the truth at any stage of the interview.

In the police interview, Ms. Higgins said the original was no longer available, but she did have some photos on Google Drive “connected to iCloud.”

She said police should have access via iCloud but that police were “unclear” how to do this, according to Ms Yates’s notes.

During the meeting, Ms Higgins is said to have logged into her Google Drive and showed them photos of drinks on a table, taken the afternoon before the alleged rape.

Ms Yates noted that Ms Higgins “would be happy to share direct access to Google Drive.”

The notes also showed that police questioned Ms Higgins about a message to her partner David Sharaz stating that she was ‘cleaning up my phone before I gave it to the police’.

Police explained to her why she sent the message to Mr Sharaz, saying it “looks deceiving” according to the notes.

Ms Yates says Ms Higgins told police she was ‘deleting audio’ according to the notes.

She said she recorded some calls for “personal records” and seemed concerned about the legality of the recordings, the documents say.

The well-known add-on Mrs. Higgins’ didn’t know if this was ok. I didn’t want to leave them on her phone.”

According to Mrs. Yates’s notes, DS Moller replied, “I can see why you wouldn’t trust the system.”

Ms Higgins also told police she deleted ‘many emails’ from Mr Lehrmann in the aftermath of the alleged rape as she wanted to ‘remove him from her life’.

She said they may still be available through her Gmail trash and the detectives said they would put their digital team on the case.

Ms Yates said she was later given Ms Higgins’ old phone, which she personally handed to the detectives immediately, according to the notes.

Ms Higgins has not publicly commented on Mr Lehrmann’s interview, but her fiancé David Sharaz retweeted a message condemning the TV piece the morning after.

It read, “No woman in her right mind would face what Miss Higgins has been through for any reason other than peace of mind.”

“No amount would be worth the nightmare of reporting [allegations of] rape.’