Phone messages contradict Higgins' claims, court told

Brittany Higgins had counselling within days of her alleged rape in Parliament House, contradicting her claims to media none was available for months, a defamation trial has been told.

Ms Higgins is fighting her former boss, senator Linda Reynolds, over a series of social media posts the ex-defence minister believes damaged her reputation.

The senator's lawyer, Martin Bennett, told a Perth court a voice message from a Canberra Rape Crisis Centre counsellor revealed Ms Higgins had an appointment within eight days of her alleged sexual assault in the senator's ministerial suite on March 23, 2019.

"It's an audio file where (a counsellor) is saying, 'We met last Monday (April 8, 2019)'," he told the Western Australian Supreme Court on Wednesday during document tendering.

"It's the provision of counselling services to Ms Higgins from April 8th onwards, this having been instituted on April 1."

Senator Linda Reynolds arrives at the WA Supreme Court
Linda Reynolds is suing Brittany Higgins over social media posts she says are defamatory.

Mr Bennett said Ms Higgins told News Corp journalist Samantha Maiden she tried to contact the parliament employee support service and was told she would have to wait a month for counselling.

"By the time it gets to The Project interview, it's a wait of two months," he said.

Mr Bennett said documents showed an employee program organised an appointment for Ms Higgins with a psychologist on April 11.

"Ms Higgins didn't take that up because she was already seeing (the Canberra Rape Crisis Centre counsellor)," he said.

"It's this failure on the part of Ms Higgins to mention either in The Project interview or to Ms Maiden that she was getting counselling that is relevant ... for the support that was offered and not taken up."

Ms Higgins' lawyer Rachael Young said her client's allegations about a delay related to the employee assistance program not the rape crisis centre.

Mr Bennett brought photos of Ms Higgins' diary to the attention of the court.

He said it was relevant because it showed the former staffer and her husband David Sharaz were working with members of the Australian Labor Party in August 2020 "discussing the plan".

"(Laura) Tingle is a journalist," Mr Bennet said as he read other diary entries to the court.

"Drinks with Lucy and Malcolm is a reference to Lucy and Malcolm Turnbull and there's a significant note on the right-hand card ... 'buy white dress'."

Brittany Higgins and her partner David Sharaz leave court in Perth
Linda Reynolds' lawyer raised deleted messages between Brittany Higgins and husband David Sharaz.

Justice Paul Tottle disagreed but he admitted various emails and phone messages he deemed helpful.

Mr Bennett said a series of communications revealed Ms Higgins had been with her ex-boyfriend on April 3 when she had taken a day off work, telling the senator's office she had a medical appointment.

"Went out to dinner with my former boyfriend, stayed the night at this hotel, went to drinks and a party and I didn't go to the doctor's appointment I told people I had gone to," he said, reading one of Ms Higgins' messages.

Mr Bennett said Ms Higgins had deleted 15 messages between herself and Mr Sharaz during discovery as he unsuccessfully fought to exclude some evidence from the case.

"We've always put that Ms Higgins before she produced her phone for police curated her messages (but) this is more than that, this is at the time of discovery," he said.

"Deletion is destruction of evidence."

Mr Bennett attempted to tender documents related to Ms Higgins' $2.4 million federal government settlement and Senator Reynolds' Commonwealth-appointed lawyers "entertaining a 'lying cow' submission" a year after it had been settled in another legal action.

"These are matters which we want to elevate to show the legitimacy of Senator Reynolds' fury at this conduct and determination to refer it ... to the National Anti-Corruption Commission," he said.

"Not to harass Ms Higgins but to deal with something poorly handled."

Mr Bennett foreshadowed further court action against the lawyers and the government.

Justice Tottle said he would think about the matter.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store