Linda Reynolds’ defamation case against her former employee Brittany Higgins in the Supreme Court of Western Australia will continue from 10.30am local time (12.30pm AEST).
The case hinges on social media posts Ms Higgins and her husband, David Sharaz, wrote in 2022 and 2023 that the Liberal senator says damaged his reputation.
In April, a Federal Court judge found that Higgins was likely raped by her former colleague Bruce Lehrmann in Parliament in March 2019. The rape took place on a sofa inside Reynolds’ office.
Ms Higgins has long maintained that Ms Reynolds and her former chief of staff Fiona Brown did not support her following her assault. Ms Reynolds and Ms Brown maintain that they did try to support her.
Social media posts criticised Ms Reynolds’ handling of the rape allegations.
The trial began on Friday and is expected to last four weeks.
Ms Reynolds began her evidence in chief on Monday, which will continue until Wednesday morning before her cross-examination begins.
While Ms Reynolds was on the witness stand, Brittany Higgins posted a post on Instagram.
The post was a screenshot of a book she contributed to, called ‘How Many More Women’ by Jennifer Robinson and Keina Yoshida.
The book is about laws that exist around the world that silence female victims.
Ms Higgins’ rape story was included in the book but was removed from the original version due to upcoming court proceedings.
The book is being republished with Mrs Higgins’ story included.
He captioned the post: ‘Relevant reading.’
Ms Reynolds’s lawyer, Martin Bennett, was furious at the publication.
He said: ‘While my client was giving evidence, Ms Higgins posted on social media.’
He said Ms Reynolds’ statement of claim would be amended, again, to include an “aggravating” comment.
“If Ms Higgins thinks she can make constant comments about my client, that is extraordinarily inappropriate,” he told the court.
‘You would expect someone to advise Ms Higgins to stop making comments.’
Ms Higgins’s barrister, Rachael Young SC, said the publication was a reprint of a book that had been published, rather than “an express reference to today’s proceedings”.
Mr Bennett said: “It’s about timing and connection.”
Judge Tottle said he would deal with the submissions when the time came.
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