Brittany Higgins’ husband, David Sharaz, could have avoided financial ruin if he had apologized to Linda Reynolds for two tweets and agreed to three other lawsuits, legal documents show.
Lawyers acting on behalf of Liberal Senator Linda Reynolds sent Sharaz a notice of concern (which is the first step in a defamation claim) on 6 January 2023, over two social media posts alleging she was bullying his wife.
Ms Higgins, a former Liberal staffer, was raped in Ms Reynolds’ Parliament House office in 2019 and has maintained the senator tried to cover up the assault and made her choose between her complaint and her political career.
Despite Ms. Reynolds firmly denying the allegations against her, the couple continued to perpetuate the accusations using their public social media platforms.
The senator then filed a defamation suit against both men, but Sharaz conceded defeat in April, citing financial problems. He will have to pay Reynolds’ legal fees, as well as his own, plus damages.
But documents released by the court on Wednesday, in the midst of the case against Ms Higgins, show he could have avoided financial trouble if he had complied with Ms Reynolds’ requests in the first place.
The notice of concern identified two allegedly defamatory tweets written by Sharaz in January and December 2022.
Pictured: Brittany Higgins with her husband, David Sharaz. Both are being sued for defamation.
Liberal Senator Linda Reynolds is pictured, left, outside the Supreme Court in Washington last week.
Her first post included a press release about Ms. Reynolds’ work on gender equality, called “empowering women.”
He wrote: ‘There is a very real possibility that Linda Reynolds will be called to court this year to answer questions about her involvement in Brittany Higgins feeling pressured by her office not to pursue a complaint with police.
‘She uploads this to her official website.’
The second post concerned Ms Reynolds sending information about Ms Higgins’ $2.4m compensation claim against the government to a News Corp columnist.
Reference was also made to Reynolds’ partner Robert Reid, who was in the ACT Supreme Court during Bruce Lehrmann’s rape trial in 2022. At the time, the senator had not given evidence and was not allowed to participate in the court proceedings.
The senator then texted Lehrmann’s attorney, Steven Whybrow, asking for the transcripts and suggesting he review Higgins’ text messages with another former staffer because they could be “revealing.” Reynolds has denied trying to help the defense.
Mr Sharaz wrote: ‘First, Linda sent her husband to witness the cross-examination of a victim and texted suggestions to the defence team.
‘Now he’s leaking inside information to the paper while Britt lies frail in a clinic.
Pictured: A tweet David Sharaz wrote about Linda Reynolds
David Sharaz wrote a tweet accusing Linda Reynolds of harassing Brittany Higgins (pictured)
‘When will the harassment end, Linda Reynolds?’
In the notice of concern, Ms Reynolds’s lawyer, Martin Bennett, threatened Mr Sharaz with legal action, explaining that his client was “aggrieved” by the posts.
“You have presented an inaccurate and professionally damaging image of my client which has led to damaging speculation among the public about my client’s conduct,” it read.
‘The damage this has caused and continues to cause to my client cannot be underestimated.’
Mr Sharaz has also been told he could be liable for up to $443,000 if a WA court finds his posts defamatory.
To avoid a civil case altogether, Ms. Reynolds was willing to accept an apology and a redaction of the posts, along with a signed pledge promising not to post false information about her in the future.
She also asked that he cover the legal costs associated with preparing the notice of concerns, along with “an appropriate sum” to compensate her for the alleged damage to her reputation.
Mr Sharaz did not accept their terms and was subsequently sued for defamation.
David Sharaz is pictured at his Gold Coast wedding in June, draped in parasols.
Brittany Higgins (right) and David Sharaz (left) were pictured leaving the David Malcolm Justice Centre in Perth on Wednesday night after a nine-hour mediation.
Attempts to resolve the issue through mediation in March were unsuccessful. Sharaz conceded defeat in April.
“Despite our best efforts, Linda Reynolds has not agreed to attempts to resolve this matter through mediation, and Brittany may now be exposed to another trial. This will be her third,” the statement said.
‘I cannot afford to pay the legal costs to defend myself during a six-week trial.
‘As a result, I have informed the court today that I will not fight Reynolds’ legal action any further.
‘I now call on Senator Reynolds to settle her lawsuit against Brittany, a rape victim, by agreeing to disagree and putting this all behind us. It’s time to move on.
“It’s time to let Brittany heal.”
The costs are yet to be determined, but it is likely that he now owes the senator significantly more money than he would have if he had complied with her demands last January.
Ms Higgins’ trial is currently underway in the Supreme Court of Western Australia. Ms Higgins is due to give evidence in the last week of August.
In April, a Federal Court judge ruled on a civil basis that Lehrmann raped Higgins in Parliament in 2019. He is appealing the decision.
