Brittany Higgins has conceded she was “not always correct” in evidence she gave in the criminal rape trial of Bruce Lehrmann.
Brittany Higgins has been grilled over her claim of a panic attack in a parliamentary bathroom conceding she was “not always correct” in evidence she gave in the criminal rape trial of Bruce Lehrmann.
Bruce Lehrmann’s barrister Steve Whybrow SC has commenced her cross-examination in the defamation trial this morning. He also cross examined her during the criminal trial.
Asked if she was “wrong about some significant matters” in the criminal trial, Ms Higgins said: “I accept that. Absolutely.”
“I thought I was telling the truth. I was just not always correct but I was always doing my best to tell the truth,” she said.
During the criminal trial, Ms Higgins said she had a panic attack on April 4, 2019 because she was in the bathroom for “three or four hours having a panic attack.”
Ms Higgins conceded that she did not have a panic attack that lasted for three hours.
She also conceded at the trial under cross examination that the panic attack was possibly not on that day.
“Last time I thought maybe I got it wrong,” Ms Higgins said.
“But on further reflection. I realised I was just overwhelmed during the criminal trial and I misspoke. It definitely happened that day. And I just kind of got bamboozled.”
She said as a result of the panic attack she missed former Liberal MP Steve Ciobo’s valedictory speech.
But Mr Whybrow put it to her that she was not bamboozled.
“I want to suggest that this evidence you gave yesterday about the panic attack being after and you missed the valedictory speech or the start of it is an example of altering further information. Do you accept that or not,” Mr Whybrow SC asked.
“What I want to suggest to you, Ms Higgins, is that as you find out further information you adapt and involve your narrative to fit the new information.”
Ms Higgins is being cross examined in the defamation trial that Mr Lehrmann has launched against Channel 10 and Lisa Wilkinson. Mr Lehrmann has vehemently and consistently denied raping Ms Higgins.
Brittany Higgins on the night she alleges she was raped. Picture: Channel 7/ Spotlight
‘I don’t care about the money’
Ms Higgins has declared she “doesn’t care about the money” from the $325,000 publishing deal, revealing that the book is now “on hold”.
During her cross examination today by Mr Lehrmann’s barrister Steve Whybrow, Ms Higgins has revealed she had put the book on ice pending the outcome of legal proceedings including the criminal trial and the defamation trial.
In an exchange with Mr Whybrow, she pledged to donate the balance of the proceedings to charity if she ever completes the book.
Mr Whybrow presented Ms Higgins with a signed contract of the Penguin book deal in the Federal Court.
“And the terms of this contract included that you would be paid $325,000 for a book about your experiences, including what happened to you on the 22nd, 23rd of March 2019,’’ Mr Whybrow asked.
Ms Higgins responded that this was “correct”.
Mr Whybrow noted she was paid $108,233 on the execution of the agreement. The balance was to be paid when she completed the book.
“And on execution of this agreement, you were to be provided $108,233?”
“That’s correct,” she replied.
Mr Whybrow then argued that she had a financial interest in publishing the book.
“And so, you have 216,000 reasons, in my submission, to not want to tell the truth, which is that it didn’t happen,’’ Mr Whybrow said.
At this point, Channel 10’s barrister Sue Chrysthanou objected.
Justice Lee said that if Mr Whybrow was putting to the witness she had a financial interest in the outcome of the proceedings he would allow that statement.
“I declare it now, if I have actually finished the book, I will donate all $200,000 and whatever, to charity,’’ Ms Higgins responded.
“I don’t care about the money. Take it right away. I don’t care about it.”
Ms Higgins was also grilled over factual inaccuracies in the draft of her book, which was provided to legal parties in the criminal trial and the defamation trial as a result of subpoenas.
She said the book was “a draft” and she conceded there were errors of fact in the sequence.
“It’s not a final draft,” she said.
Earlier, Mr Whybrow grilled her on whether or not she ate a box of Roses chocolates in the ministerial suite the morning after she alleged she was raped and whether she found the box in the kitchen or on a colleague’s desk.
Brittany Higgins arrives at the Federal Court on Thursday with her legal team. Picture: NCA NewsWire/ Adam Yip
Ms Higgins was today read extracts of the unpublished book that she described as “crap”.
Mr Whybrow said that she wrote in April of 2021, “everything felt foggy. I pulled myself up abroad, clamouring desperately, to the leather couch.”
“Yes,’’ Ms Higgins replied.
“Were you indicating there that at the time that the call came you’re inside the minister’s private office?,’’ Mr Whybrow said.
“That’s what the book says but the book is crap and my evidence yesterday stands,” Ms Higgins replied.
Mr Whybrow put to Ms Higgins that “you have been changing your evidence and evolving it as you found out other information inconsistent before too early”.
“The next thing you say in the book is, ‘my near nakedness shocked me. My white dress hung loosely around my midsection like a belt’.
“‘I tried helplessly to regain the modesty I realised I’d been lost, I pulled my dress down and adjusted the straps,’ the book draft stated,” Mr Whybrow said.
Ms Higgins replied, “Yes, that’s what I wrote.”
However, she now accepted, based on the security guard’s account, that it was possible she was completely naked.
“I suggest that within a few seconds of waking up you would have become aware of whether you were wearing your dress or not?,” Mr Whybrow asked.
“Are you suggesting that your evidence can’t be relied on,” Mr Whybrow said.
“No,” Ms Higgins replied.
“I’m accepting the fact that someone gave evidence to my nakedness, and I also did feel a level of nakedness. I just assumed it was scrunched up around my waist but that may not be correct and I accept that well,” Ms Higgins replied.
“I was so traumatised after the rape. I was aware of my nakedness, but not full nakedness.
“I just assumed it was still scrunched up, and then when I was sick in the bathroom I don’t remember having to look around to pick up my dress to put it back on.”
CCTV footage showing Brittany Higgins and Bruce Lehrmann together at a bar called The Dock on the night she alleges she was raped. Picture: Channel 7/Spotlight
Cash’s voicemail to Higgins resurfaces
Employment Minister Michaelia Cash reassured Ms Higgins to “sleep tight” after there were media inquiries about the night she alleged she was raped in 2019, pledging to her in a voicemail message that her chief of staff had the issue “under control”.
Ms Higgins is continuing her evidence on Thursday and is being cross examined by Mr Lehrmann’s barrister Steve Whybrow SC.
She told the Federal Court this morning as she completed her evidence in chief that she interpreted the Cash exchange was clearly about her sexual assault.
The voicemail message was left on her phone in October, 2019, many months before she went public with her story.
“Michaelia here, just checking up on you. You looked absolutely gorgeous on Saturday. I really hope you had a lovely time at the Federal Council. Hoping everything’s OK, Daniel has got everything under control, I promise you, and just remember, we’re with you every step of the way. OK. Sleep tight. I’ll see you tomorrow,’’ Senator Cash said.
Senator Cash has previously given evidence in the criminal trial that she did not know there was a sexual assault allegation. She said she only knew there was a security incident in a minister’s office.
Ms Higgins gave evidence on Thursday that she was distressed and alarmed when she was warned in October, 2019 that there was a media query about an alleged rape in a ministers office
Ms Higgins went to work for Senator Cash’s office in June 2019 after she left the Defence Industry Minister’s office after the 2019 election.
Brittany Higgins and Michaelia Cash.
Bruce Lehrmann with his legal team on Thursday. Picture: NCA NewsWire/ Adam Yip
She initially did not tell her new boss or chief of staff about the alleged rape that had occurred three months earlier.
But in October 2019, nearly six months after the alleged assault, Ms Higgins was alarmed to learn that a media inquiry had been lodged with Ms Reynolds’ office and the AFP about the incident.
This prompted discussions between Ms Reynolds’ office and Senator Cash’s office over how to handle the matter.
“Did you at any time have any discussions with Senator Cash in relation to the events of the 23rd of March 29?,’’ Dr Collins KC asked.
“I did in October of 2019. There was a media inquiry that came through either to I’m not sure if it was either to Senator Reynolds office or to the AFP but it was raised that there was a media inquiry about a sexual assault in Senator Reynolds office on the night in question,’’ Ms Higgins said.
“I became aware because my Chief of Staff Daniel Try… called me into the office and said that Senator (Reynolds) had just called him.”
“I believe it was the 18th of October 2019.”
Ms Higgins said that Mr Try said, “Oh God, I’m so sorry.”
Mr Try has previously given evidence in the criminal trial that he was not aware of a sexual assault allegation and that Senator Reynolds did not tell him of an alleged sexual assault.
Ms Higgins said she was told there was a media inquiry about the night in question and “I was immediately pretty upset.”
Ms Higgins told the federal court that the word sexual assault was used with Mr Try.
“I don’t recall specifically what I said in response when he first told me I was, I think I was in shock,’’ she said.
Lisa Wilkinson walks into court on Thursday. Picture: NCA NewsWire/ Adam Yip
Ms Higgins said a meeting then occurred with a staff member from Senator Linda Reynolds’ office.
She was also contacted by someone from the AFP.
“(I received the call) from an officer who I had previously met with in April of 2019, informing me that … because there was a media inquiry, that we’re going to put it in the AFP commissioners’ Senate estimates pack and they, as a courtes,’’ Ms Higgins said.
In evidence that was accepted provisionally subject to possible future rulings by Lee J,
Brittany Higgins also revealed she first learned Bruce Lehrmann planned to argue the pair never had sex from a journalist after he was charged with rape.
She confirmed she was informed by news.com.au journalist Samantha Maiden.
“To the best of my recollection she told me Bruce’s defence is that nothing happened,” Ms Higgins told the court. “I said something like ‘Oh God, you made my weekend.’”
“I was really shocked and kind of happy at the time that he was saying that nothing had happened because to my mind it was so preposterous.”
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