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And the Lehrmann/Higgins circus just keeps rolling on.
The criminal trial for rape against Bruce Lehrmann was ignominiously dropped last year. Now it’s being fought out again in all but name, as Lehrmann sues Channel Ten and former The Project journalist Lisa Wilkinson for defamation. The defence is relying on a truth defence, meaning that they must prove to the court that the rape really did happen.
Today was the last day of Brittany Higgins’ cross-examination by Lehrmann’s barrister, Steven Whybrow QC… and it’s going just about as well for her as every previous day.
Higgins was asked on Tuesday by Lehrmann’s barrister, Steven Whybrow, SC, about her claim that Lehrmann attempted to kiss her earlier in March 2019, days before the alleged rape. Lehrmann has denied the alleged incident occurred […]
Higgins was asked why she did not recall the alleged kiss when Wilkinson and News Corp’s Samantha Maiden asked her in 2021, the year Ten and News Corp published interviews with Higgins reporting her allegations against a then-unnamed former colleague, if there was any prior interest shown in her by Lehrmann.
“His attempt to kiss you a week before he’s, on your version [of events], sexually assaulted you, you say was not in your mind when you were asked by Ms Wilkinson and Ms Maiden, ‘had he shown any interest in you before this night’?” Whybrow said.
The Age
Higgins is also accused of fabricating her level of drunkenness on the night.
Today, the court was again shown the CCTV footage of the pair going through security at Parliament House.
“There doesn’t appear to be any staggering or swerving in your gait,” Mr Lehrmann’s barrister Steven Whybrow said.
He said she didn’t look “10 out of 10 drunk or in any distress” when she later walked barefoot beyond security towards an elevator.
ABC Australia
(The footage can be viewed here.)
It wasn’t all against Higgins, though.
Ms Higgins was then asked about text messages between herself and close friend Ben Dillaway three days after the alleged rape.
In the messages, Ms Higgins disclosed the alleged rape in indirect language.
“I was barely lucid. I really don’t feel like it was consensual at all,” she wrote.
“I just think, if he thought it was okay, why would he just leave me there like that.”
Mr Whybrow put to Ms Higgins that the messages suggested she was unsure about what had happened on the night.
The fact is, though, that that is just one of the few text messages on her phone which Higgins didn’t delete (along with photos) before handing it to police (after refusing to do so for months).
Mr Whybrow took her specifically to a conversation with Mr Dillaway, in which a message that appears on Mr Dillaway’s phone does not appear on Ms Higgins’s.
The conversation took place in the days before Ms Higgins informed police she did not wish to proceed with a criminal complaint.
The missing message suggests she had already made up her mind about this issue.
ABC Australia
Then there is the question of how Higgins ended up naked on her boss’ couch. Lehrmann denies interacting with Higgins at all after they entered the office. Records show that he left the building in the early hours of the morning, while Higgins did not leave until after 10 in the morning after being found by a security guard.
Brittany Higgins says she can’t recall how her dress was taken off the night of the alleged rape, but is unable to conclusively deny she took it off herself.
Higgins previously claimed that she woke up to find Lehrmann removing her underwear, but later admitted that she wasn’t wearing any on the night. She also claimed that she put the dress away for months afterward, despite photos at functions soon after showing her wearing it.
Brittany Higgins has denied lying to police about the true reason her Bumble date left The Dock Hotel on the night of the alleged rape.
Ms Higgins has maintained he exited the pub after being teased by other Liberal staffers at the event for wearing a suit and overselling his rank in the public service.
CCTV footage played to the court showed Higgins ignored her date for some time and then moved to sit with Lehrmann and Liberal staffer Austin Wenke. In her absence, her date appears to socialise with other staffers and exchange business cards.
He left the pub without saying goodbye to Ms Higgins.
Ms Higgins conceded she was “very rude” to her date.
The Australian
At this point, the only thing that’s certain is that the case is going to provide plenty more media fodder, for some time.
