The defamation trial of Bruce Lehrmann is rocked by a secret recording of Brittany Higgins' attorney, Leon Zwier, discussing the evidence she must present to her fiancé, David Sharaz.
A segment broadcast by Sky News Australia included footage of Mr Zwier having a conversation with Mr Sharaz in the lobby bar of Sydney's Park Hyatt Hotel last Monday.
At the time, Ms Higgins was in the middle of cross-examination and therefore was not allowed to speak to her lawyers.
Violating this rule may amount to contempt of court.
According to the Sky News article, which was tendered to the court on Tuesday, Mr Zwier could be heard giving Mr Sharaz advice on how Ms Higgins should respond to questions about her compensation in the witness box the next morning.
The defamation trial of Bruce Lehrmann is rocked by a secret recording of Brittany Higgins' attorney, Leon Zwier, discussing the evidence she must present to her fiancé, David Sharaz. Mrs Higgins is pictured with Mr Sharaz
He said: 'She should say: privilege, Your Honor, my lawyer has told me that I don't need to discuss legal advice, that's what she should say.'
The conversation is said to have been recorded on Monday, December 4, from a nearby table in the lobby of the Park Hyatt Hotel in Sydney.
In their conversation, Mr. Zwier and Mr. Sharaz discussed that Ms. Higgins would not be an unemotional witness unless she spoke about her claim that she was raped by Mr. Lehrmann.
The pair also referred to criticism that Ms Higgins had turned her claims into a media story.
Mr. Sharaz said of his partner, “She compartmentalizes,” and Zwier responded, “She is not traumatized. She doesn't cry. She doesn't cry.'
Mr Sharaz said: 'When she talks about her actual rape, she gets emotional, and (the judge) can certainly see that.'
Mr Zwier: 'When she defends herself, it seems so well-considered.'
Mr Sharaz said: 'It was deliberate because if she wanted to blow her life up… and change parliament, she wanted to make sure it landed.'
A recording broadcast by Sky News Australia showed lawyer Leon Zwier (above) speaking to David Sharaz while Brittany Higgins was in the middle of cross-examination and therefore not allowed to speak to her legal advisor
While Ms. Higgins was not at the Park Hyatt, her best friend and constant companion during the trial, Emma Webster, was there, according to Sky News.
Mr Lehrmann is suing Network Ten and journalist Lisa Wilkinson in the Federal Court over an interview on The Project in which she alleged she was raped at Parliament House in March 2019.
Ms Higgins did not mention Mr Lehrmann by name in the February 2021 interview, but he says he was recognisable. Mr. Lehrmann was later accused of raping his former colleague.
The Sky News article also accused Mr Zwier of writing Ms Higgins' draft medical report, which was submitted after Mr Lehrmann's criminal trial in the ACT Supreme Court collapsed in October last year.
The report said Ms Higgins' mental health was too fragile to testify at another trial, and charges against Mr Lehrmann were dropped.
Mr Zwier did not respond to questions about whether the medical report he prepared had been submitted to the Commonwealth when contacted by Sky News.
The judge hearing Lehrmann's defamation case, Judge Michael Lee, has warned that witnesses should not be coached during their cross-examination.
Last Friday, three days before the hearing at the Park Hyatt, Judge Lee reminded Ms. Higgins of her obligations not to discuss her evidence with anyone.
“Can you be back here at 10:10 on Tuesday,” he said. “And I just want to remind you that during that recess you are not to discuss with anyone the evidence you have provided in these proceedings.”
The recording of the conversation between David Sharaz and Leon Zwier was taken in the lobby bar of the Park Hyatt Hotel in Sydney (above) on Monday, December 4.
When Ms Higgins returned to the witness box on Tuesday, December 5, Mr Lehrmann's lawyer, Steven Whybrow, asked her if she had “had any tips from anyone about giving evidence this week?”
“No,” Mrs. Higgins replied.
In another conversation, Mr. Zwier told Mr. Sharaz that his fiancée did not need to reveal the nature of any legal advice she may have received before making public comments following Mr. Lehrmann's mistrial.
Mr Whybrow had previously indicated in court that he would ask Ms Higgins whether her comments at the time were intended to stop a retrial.
“She doesn't have to waive legal professional secrecy,” Mr. Zwier said.
“All she has to say is I was so furious, I was just so furious… I didn't know if I was going to be okay or not, it was just a gut reaction.
'It's not about money, she just needs to say it's not about money.
“She never has to waive legal advice… Just say I took legal advice.”
The lawyer also said Ms Higgins should keep her answers short, especially when asked whether she would gain financially from telling her story.
Mr Zwier: 'Listen to the question and keep your answers short. But be careful. She can't be another person on the witness stand.”
Mr Sharaz: 'No, no, I know.'
Mr Lehrmann is suing Network Ten and journalist Lisa Wilkinson in the Federal Court over an interview on The Project in which she alleged she was raped at Parliament House in March 2019.
Commenting on parts of his conversation with Mr Sharaz being released, Mr Zwier told Sky there was a general understanding that no one would speak to Ms Higgins about her testimony.
“All my private conversations with David Sharaz and Emma Webster were based on the general understanding that Brittany was being cross-examined and that no one was allowed to talk to her about the content of her evidence or the manner in which she provided it,” Mr Zwier said. .
Ny Breaking Australia suggests no otherwise.
Mr Zwier did not respond to additional questions about whether the medical report he had prepared had also been submitted to the Commonwealth when contacted by Sky News.
The conversation was recorded without the knowledge of Mr. Zwier or Mr. Sharaz, which could make the recording inadmissible in court.
However, the audio may be admitted into evidence if it was recorded in a public place and it is reasonable for others to overhear it.
Judge Michael Lee said one of the issues was whether it was a private conversation or not. A subpoena has been issued to Sky News for the audio recordings.