Brittany Higgins will not testify in her defense in a defamation suit brought against her by her former boss, Senator Linda Reynolds.
Senator Reynolds is suing her former staffer over a series of social media posts Ms Higgins made after she aired allegations that she had been raped by her former colleague Bruce Lehrmann in the office of the then defence minister.
The senator argued that the posts contained falsehoods that she believed damaged her reputation.
Ms Higgins’ lawyer Rachael Young told the Western Australian Supreme Court on Monday that her client, who is now pregnant, would not travel to Perth from her home in France to give evidence.
“The defendant will not call Ms Higgins,” he told the court.
Ms Young said there were three reasons behind the decision.
“The first thing is that the accused is not obliged to make an oral statement,” he said.
‘The second thing is… that we do not think it necessary to call Mrs Higgins to satisfy Your Lordship as to the success of these proceedings.
Lawyers for Brittany Higgins (pictured) have told the Western Australian Supreme Court they are not required to subpoena the former political staffer to give oral evidence in the long-running trial against her.
Senator Linda Reynolds returned to Canberra on Monday as her defamation trial against her former staffer in Perth continued.
“The third is a question about Mrs. Higgins’s state of health.”
Ms Young said Ms Higgins’ condition would be detailed in confidential medical reports to be tendered to the court.
Lead counsel for Fiona Brown, Senator Reynolds’ former chief of staff, provided the court last week with a confidential report and medical certificate requesting that Ms Brown be excused from giving evidence in person.
On Monday, lawyers argued over whether written evidence prepared by Ms Brown at the Lehrmann trial was sufficient to be used as evidence to exempt her from having to attend in person.
But Ms Young expressed concern that some statements made could not be cross-examined and would be deprived of the opportunity to test their memory.
He argued that some claims in the affidavit should be given less weight or be inadmissible.
THE SENATOR MAY HAVE HAD DIFFICULTIES IN THE UPCOMING ELECTIONS
WA Liberal Party select committee chair Jeremy Buxton told the court on Monday that when a senator made up a story it usually backfired, and the senator would have “fought” to get his name on the ballot for the next election.
Mr Buxton was giving evidence on whether allegations made by Ms Higgins could have potentially jeopardised the senator’s ability to stand again for the Liberal Party.
He said that even if the matter was not a criminal matter, if service members were seen to have made mistakes, that would work against them.
He said there had been instances in the past where senators had been demoted within the Liberal Party in WA.
Mr Buxton told the court that while he did not discuss the matter with his Liberal Party colleagues, he said there may have been adverse feeling among some of them.
She said some people may have judged the senator more harshly for being a woman who did not support a younger colleague.
“It would have put her at a disadvantage compared to other colleagues who did not have to answer those questions,” he said.
‘I would have had a hard time getting third place (on the ballot).
Ms Higgins’ lawyers Rachael Young and Kate Pedersen. Photo: NewsWire / Sharon Smith
SENATOR’S HEALTH IMPROVED IN 2022
Senator Reynolds’ GP in Canberra, Dr Antonio Di Dio, gave evidence in the senator’s defamation case, which has now entered its third week.
Dr Di Dio first saw Senator Reynolds in Parliament on 23 February 2021 and said she was very anxious and stressed.
“I was asked to see her because of her acute anxiety,” he said.
Dr Di Dio said the senator was experiencing chest pain and arranged for an urgent referral to Canberra Hospital.
He said there was some concern that she needed urgent care, so he arranged for her to be seen by a local cardiologist.
When he saw her again five days later, her blood pressure had returned to normal, he told the court.
He also referred her to a clinical psychologist and a psychiatrist because he was concerned about her high levels of anxiety and the profound effect this was having on her at the time.
He said this was causing him great distress.
Liberal Party MP Jeremy Buxton leaves the Supreme Court in Perth
Under questioning from defense attorney Kate Pedersen, Dr. Dio said the senator’s mental health has improved in 2022.
Dr Di Dio told the court there was no doubt the senator was doing much better than the “terrible acute period since we met”.
“She was still taking a significant amount of medication, but there are notes in the file indicating she was stable and taking care of herself,” he said.
Dr. Di Dio said the reports he received about the senator’s heart condition after she was hospitalized would not be enough to determine whether a person was at risk of dying.
There is a big call on the Fiona Brown test
On Monday, Judge Tottle will decide whether the senator’s former chief of staff, Fiona Brown, will have to testify in person during the trial.
Ms Brown’s lead lawyer, Dominique Hogan-Doran, provided the court last week with a confidential report and medical certificate requesting that Ms Brown be excused from giving evidence in court.
Ms Brown is expected to be able to give evidence in the form of a written statement.
Ms Higgins’ lawyer, Rachel Young, said they had no problem with Ms Brown’s proposed order and did not want to cause her distress by calling her to court to give evidence.
Senator Reynolds’ attorney, Martin Bennett
She said that as long as what Ms Brown’s lawyers had told them was consistent and accurate with what was provided to the court, then they would not oppose Ms Brown’s release.
Senator Reynolds’ lawyer, Martin Bennett, said he did not expect an argument and agreed a suppression order should be imposed.
He also told the court that they might review the witness list earlier than expected, which could result in Ms Higgins giving her testimony before August 26.
But her defense team and Judge Tottle are likely to oppose that, saying it could be logistically difficult for her.
The trial continues.
