A senior officer says there was “evidence” to suggest Brittany Higgins had sexual contact with her alleged rapist Bruce Lehrmann because the former staffer was found “completely naked,” an inquiry has heard.
Senior Constable Emma Frizzell was questioned by Mark Tedeschi KC, the attorney acting for ACT Director of Public Prosecutions Shane Drumgold SC, during a board of inquiry on Thursday.
The inquiry examines the actions of police and prosecutors before, during and after the ACT Supreme Court hearing last October.
Mr Lehrmann had pleaded not guilty to the rape of Ms Higgins in Parliament House in 2019. He continues to maintain his innocence.
On Thursday, Mr. Tedeschi told Officer Frizzell, “Ms. Higgins was seen completely naked in the Secretary of State’s office, asleep.”
Senior Constable Emma Frizzell (pictured outside the inquiry on Thursday) was questioned by Mark Tedeschi KC, the attorney acting for the ACT DPP Shane Drumgold SC
“A parliament official enters the office around two or two thirty in the morning and sees her sleeping naked. Mrs. Higgins wakes up briefly and goes back to sleep.’
Sen. Constable Frizzell said, “I remember.”
Mr. Tedeschi then asked if she thought this was proof of corroboration between Ms. Higgins’ claim and the guard’s testimony: “Do you agree that this is proof that sexual intercourse took place?”
“Yes,” she replied.
Sen Constable Frizzell also agreed that there was evidence that Mrs Higgins was drunk when she arrived at Parliament House on the night she was allegedly assaulted.
However, Sen. Constable Frizzell said the third element needed to charge Mr. Lehrmann was absent, which was a reasonable presumption that he knew she did not consent to intercourse.
Mr Lehrmann told police he went to Parliament House with Ms Higgins on the night in question, but said they both went into separate rooms once they were in the ministerial suite.
He said he caught an Uber home alone a short time later.
Brittany Higgins (left) accused Bruce Lehrmann of raping her in Parliament House. He denies the allegations
Mr Tedeschi narrated the inquiry. Mr Lehrmann gave four different reasons why he went to Parliament House with Mrs Higgins.
“Do you agree that this is any corroborating evidence of knowledge of lack of consent or knowledge of recklessness?” he asked.
Sen. Constable Frizzell said, “No.”
Later on Thursday, Sen Constable Frizzell was questioned as to why she wanted to interview Victims of Crime Commissioner Heidi Yates, who was Ms Higgins’s back-up and facilitated relations between her and the police.
The officer said she wanted to ask Ms Yates to confirm the existence of a photograph taken on the night of the alleged attack, which she said showed Ms Higgins in the background with a drink in her hand.
The photo had been deleted from Ms. Higgins’ phone and was not on her Google Drive or iCloud account, or in an extract from her phone.
Sen Constable Frizzell said Detective Marcus Boorman and Detective Scott Moller said they had seen the photo but wanted to ask Ms Yates because she was a third party not involved in the prosecution.
She was subsequently accused of trying to interview Ms Yates in order to force her to resign from her role as Ms Higgins’ support person.
Mr. Tedeschi asked, “Where are you trying to get evidence of Mrs. Higgins’s presence in a bar?”
Bruce Lehrmann (pictured) had pleaded not guilty to raping Brittany Higgins
Sen Constable Frizzell replied, “Yes and there were statues that were no more that were.”
Mr. Tedeschi continued, “Why did you want more proof of a photo of a drink?”
Sen. Constable Frizzell: “It was that Ms. Yates was independent of the inquiry.”
Mr. Tedeschi: “What could play a role in the prosecution of Mr. Lehrmann?
Sen Constable Frizzell: ‘It’s corroboration evidence, but when I did downloads there was no image. Mrs Yates confirms there was evidence.’
Mr. Tedeschi: “Did you want to interview Mrs. Yates, possibly thinking that it would become more difficult for her to support Mrs. Higgins?”
Sen Constable Frizzell: ‘No, absolutely not. I didn’t believe it would take away from her ability to be the supportive person.”
The investigation will continue on Friday.