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Lehrmann trial live updates: Case enters third week; Linda Reynolds, Michaelia Cash give evidence

Angus Thompson
Updated ,first published
Pinned post from 10.21am on Oct 17, 2022
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Third week of Bruce Lehrmann trial begins

By Angus Thompson

Good morning, Angus Thompson sitting in the public gallery of the Bruce Lehrmann trial in the ACT Supreme Court.

Brittany Higgins, a former Liberal staffer, alleges Lehrmann raped her in former Coalition minister Linda Reynolds’ office in Parliament House in the early hours of March 23, 2019, after a drunken night out with colleagues.

Former political staffers Bruce Lehrmann and Brittany Higgins at the ACT Supreme Court last week.Alex Ellinghausen

Lehrmann has pleaded not guilty to a single charge of having sex with Higgins without her consent, being reckless as to whether she was consenting. He denies having sex with her at all.

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Reynolds finishes giving evidence

By Angus Thompson

Prosecutor Shane Drumgold, SC, put to Reynolds that when she had a meeting with Higgins on April 1, 2019, “your dominant concern was that this would harm your pending election”.

Reynolds replied: “I categorically reject that assertion.”

Under cross-examination from Lehrmann’s barrister, Steven Whybrow, Reynolds said she would “absolutely not” discourage Higgins from maintaining a police complaint.

She said she sought advice from then-AFP assistant commissioner Leanne Close about how to deal with the complaint, to which Close replied, “you take your lead from Higgins … it’s her story”.

Reynolds’ evidence has ended and the prosecution case has finished.

The trial will resume tomorrow. Thank you for joining us.

Reynolds denies attempting to intervene in Higgins cross-examination

By Angus Thompson

Reynolds has denied attempting to intervene in Higgins’ cross-examination by texting Lehrmann’s lawyer with a suggestion.

The jury heard Reynolds texted Steven Whybrow on October 6 saying: “If you have messages between Brittany and Niki, they may be revealing.”

Senator Linda Reynolds leaving the ACT Supreme Court after giving evidence on Monday.Alex Ellinghausen

Prosecutor Shane Drumgold, SC, asked Reynolds: “What is your motive for attempting to coach the cross-examination?”

Reynolds replied: “That’s not what I was seeking to do.”

Reynolds denies allegation would be politically embarrassing in election lead-up

By Angus Thompson

Reynolds denied an allegation of a staff member sexually assaulting another would be politically embarrassing in the lead-up to an election.

She said after Higgins told her in the April 1 meeting that she had been really drunk and had woken up the next morning in the office and had to get dressed, “I thought I’m not the right person to be talking to”.

“I said, as her boss, I’m not a trained counsellor, and not the person to be having this conversation with,” Reynolds said.

“I suggested to her that she might rather have this conversation with somebody more qualified and she should talk to the AFP.”

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Reynolds asked Lehrmann’s lawyer for a transcript of Higgins’ evidence

By Angus Thompson

Reynolds has told the court she asked Lehrmann’s lawyer for a transcript of Higgins’ evidence.

“I was curious to know what was being said but I was advised by my lawyer that wasn’t appropriate,” Reynolds. “I hadn’t realised it wasn’t appropriate.”

She also admitted that her partner had been sitting at the back of the court during the trial, but denied he spoke to her about the evidence.

Prosecutor Shane Drumgold, SC, asked: “Your partner has been sitting in the back of the court throughout Ms Higgins’ evidence and you haven’t once talked to him about the evidence?”

Reynolds said it had been made “very clear” to her that that was not acceptable.

“Two hours into Ms Higgins’ cross-examination, you texted my friend [Lehrmann’s lawyer] asking for the transcript,” Drumgold said, to which Reynolds answered, “correct”.

‘Highly unusual and very inappropriate’: Reynolds shocked by security breach

By Angus Thompson

Reynolds said she was “shocked” after hearing of a security breach involving two of her staff members in March 2019.

“It was reported that two staff had entered the office out of hours, which is highly unusual and very inappropriate,” Reynolds said.

She said her then-chief-of-staff, Fiona Brown, had spoken to Higgins twice, including on the Thursday after the meeting.

“She [Brown] was a bit concerned about her behaviour ... she [Higgins] seemed to be distressed. Ms Higgins said she wanted to go to the doctor,” Reynolds said, adding she was strongly supportive.

Reynolds said prior to a meeting with Higgins the following Monday, she did not query why Higgins was so upset and Brown did not offer an explanation.

“At that point, I had no need because in my mind it was a security breach … my concern was to find out from her perspective why they were there and also why she was upset,” she said.

Higgins alluded to alleged assault in March 2019: Qld state MP

By Angus Thompson

The trial has broken for lunch and will return this afternoon.

Before the break, Queensland state MP Sam O’Connor gave evidence via video link.

He told the court Higgins, with whom he is friends, alluded to the alleged sexual assault but didn’t fully disclose it to him in March 2019.

“She described it as a ‘super f----d up thing that happened’,” O’Connor told the court.

He told the court that after learning more about the allegation later on, he remembered her saying that “this would define her, that she would be known for this instead of being good at her job”.

“I remember being pretty angry about it as well,” he said.

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Try denies the political fallout was his main concern in October 2019

By Angus Thompson

Michaelia Cash’s chief-of-staff, Daniel Try, said Higgins in January 2021 came into his office crying in relation to concerns that the October 2019 media inquiry would be brought up again.

“I don’t think she went into any detail about what happened in that particular event,” he said.

Prosecutor Shane Drumgold, SC, said: “I’m putting to you in October 2019 you had a lot more detail about what occurred in March 2019.”

Try replied: “That’s not true.”

Drumgold: “One of your roles was to protect against any political fallout from such events.”

Cash’s chief-of-staff denies knowing full details of allegation until much later than October 2019

By Angus Thompson

Cash has now finished giving evidence and her chief-of-staff, Daniel Try, is in the witness box.

Try has denied knowing the full details of Higgins’ allegation against Lehrmann following a media inquiry from the Canberra Times in October 2019, saying he only became aware much later.

He told the court he received a call directly from then-Coalition minister Linda Reynolds saying that her office had received a media inquiry in October regarding an incident.

Try said Reynolds did not disclose any details but “what I do remember is she said ‘the incident wasn’t Brittany’s fault’.”

He said Reynolds sent an unnamed women to Cash’s office to speak to Higgins.

Cash says she offered to support Higgins ‘every single step of the way’

By Angus Thompson

Lehrmann’s barrister, Steven Whybrow, asked Cash whether it would be “political suicide” to try to cover up a sexual assault between staff.

Cash said it would, “hence my confusion with the previous line of questioning”.

Brittany Higgins (left) worked for Michaelia Cash from June 2019 until early 2021.Alex Ellinghausen

Whybrow then asked Cash whether she sought to prevent Higgins from going to the police or raising the complaint with anybody.

She answered “absolutely not”.

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Cash denies she was aware of allegation before February 2021

By Angus Thompson

Cash has rejected an assertion that she denied knowing about Higgins’ alleged sexual assault before February 2021 because it would have been politically inconvenient.

In a pointed exchange, prosecutor Shane Drumgold, SC, challenged Cash on her evidence that she had only heard of the allegation during a phone call with Higgins on February 5.

Asked whether it would be politically inconvenient if such an allegation emerged in October 2019, Cash replied, “absolutely not”, adding it would have been “something that needed to be attended to”.

Asked by Drumgold whether she agreed it would be politically harmful if it emerged a staff member, Higgins, was still working for a minister following such an alleged incident, Cash replied, “absolutely not, I just don’t understand a political connection to this”.

Drumgold then asked: “Are you familiar with the term ‘plausible deniability’?”

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