Brittany Higgins received therapy in Parliament House within days of her alleged rape. Contrary to what she claimed to the media, therapy would only be available after months. A defamation case has been filed.
Ms Higgins is battling her former boss, Senator Linda Reynolds, over a series of social media posts the former defence minister says have damaged her reputation.
The senator’s lawyer Martin Bennett told a Perth court that a voice message left by a counselor at the Canberra Rape Crisis Centre showed Ms Higgins had an appointment in the senator’s ministerial suite on March 23, 2019, within eight days of her alleged assault.
“It’s an audio file of (an adviser) saying, ‘We met last Monday (April 8, 2019),’” he told the Supreme Court of Western Australia on Wednesday during the filing of the documents.
‘This involves providing counselling services to Ms Higgins from 8 April, as this was set up on 1 April.’
Mr Bennett said Ms Higgins told News Corp journalist Samantha Maiden she had tried to contact the parliamentary staff support service but was told she would have to wait a month for guidance.
“When the time comes, we have to wait two months for the interview with The Project,” he said.
According to Mr Bennett, documents show that an employee program arranged an appointment for Ms Higgins with a psychologist on April 11.
The court heard explosive claims that Brittany Higgins received counselling within days of the alleged rape
“Ms Higgins did not pick that up because she was already in a relationship with the counselor at the Canberra Rape Crisis Centre,” he said.
“It is the fact that Ms Higgins did not mention in the interview with The Project and to Ms Maiden that she received therapy that is relevant … because of the support that was offered and not taken.”
According to Rachael Young, Ms. Higgins’ attorney, her client’s claims about the delay related to the employee assistance program, not the rape shelter.
Mr Bennett brought photographs from Mrs Higgins’ diary to the court’s attention.
He said it was relevant because it showed the former employee and her husband David Sharaz met with members of the Australian Labor Party in August 2020 to “discuss the plan”.
“(Laura) Tingle is a journalist,” Mr Bennet said as he read out other diary entries to the court.
‘Drinks with Lucy and Malcolm is a reference to Lucy and Malcolm Turnbull and the card on the right has an important note: ‘buy a white dress’.’
Senator Linda Reynolds is suing her former aide over a series of social media posts that the former defense secretary says damaged her reputation.
Judge Paul Tottle disagreed, but admitted he found several emails and telephone conversations useful.
According to Mr Bennett, a series of messages show that on April 3, Ms Higgins was with her ex-boyfriend after taking the day off from work. She had told the senator’s office she had a medical appointment.
“I went out for dinner with my ex-boyfriend, stayed at this hotel, had a few drinks and went to a party, but I didn’t go to the doctor’s appointment that I told people I was going to,” he said, reading out one of Ms Higgins’ messages.
Mr Bennett said Ms Higgins deleted 15 messages between her and Mr Sharaz during the investigation after he tried unsuccessfully to suppress evidence from the case.
“We have always said that Ms Higgins had sorted her messages before she took her phone out for the police to see (but) this is more than that, this is at the time of discovery,” he said.
‘To remove is to destroy evidence.’
Martin Bennett, a lawyer for Sen. Linda Reynolds, alleged Wednesday that Brittany Higgins deleted 15 messages between her and her husband after he tried unsuccessfully to suppress evidence from the case.
The court heard that Brittany Higgins (pictured with her husband David Sharaz) Higgins told reporters she had tried to contact parliament’s support service but was told she would have to wait months for counselling.
Mr Bennett attempted to produce documents relating to Ms Higgins’ $2.4 million settlement with the federal government and Commonwealth-appointed lawyers for Senator Reynolds who filed “a false affidavit” a year after the case was settled in another lawsuit.
“These are matters we wish to raise to demonstrate the legitimacy of Senator Reynolds’ anger at this conduct and to demonstrate his determination to take this to the National Anti-Corruption Commission,” he said.
“Not to bother Ms. Higgins, but to address something that was handled poorly.”
Mr Bennett predicted further legal action against the lawyers and the government.
Judge Tottle said he would consider the matter.
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