The former chief of staff in Senator Linda Reynolds's office has told the Federal Court she resisted pressure to go to police after disclosures from Brittany Higgins about her alleged rape.
Key points:
- Bruce Lehrmann is suing Network Ten and Lisa Wilkinson for defamation over coverage of Brittany Higgins's rape allegation
- Ms Higgins's former chief of staff at Parliament House, Fiona Brown, was allowed to give evidence in a closed court session
- Ms Brown told the court it entered her mind that Ms Higgins may have been raped after a meeting with Mr Lehrmann
Fiona Brown has been giving evidence in a closed-door session which has not been live-streamed on the court's YouTube channel, as part of Mr Lehrmann's defamation case against Network Ten and journalist Lisa Wilkinson.
The case is targeting an interview on The Project in 2021, when Ms Higgins publicly revealed her allegation that she had been raped at Parliament House.
Mr Lehrmann was not named in the broadcast, but claims he was identifiable through other details.
He launched the action after the collapse of his criminal trial due to juror misconduct left no findings against him.
Today, Ms Brown told the hearing she resisted pressure to go to police after disclosures from Ms Higgins.
Ms Brown has been extensively questioned by Lisa Wilkinson's barrister Sue Chrysanthou about a meeting when Ms Higgins told her she woke to find Mr Lehrmann on top of her, on the night she was allegedly raped in the parliamentary suite.
Ms Brown said she was blindsided by the revelation of alleged sexual contact, but said Ms Higgins did not disclose that she considered it assault.
"She said out of the blue that she remembered he was on top of me," Ms Brown told the court.
"I didn't understand … that's why I asked: 'Did something happen you didn't want to happen?'."
Ms Brown agreed she gave Ms Higgins a brochure with numbers for counsellors but said she still did not understand what she was being told.
"I suggest you gave her the brochure because she told you she was assaulted," Ms Chrysanthou said.
"She did not disclose that to me," Ms Brown replied.
Today, it was revealed she had been pressed by her boss Senator Reynolds and Special Minister of State Alex Hawke to report the situation to police.
Ms Brown told the court she felt Ms Higgins should have control over the situation.
"You understood the reason why Minister Reynolds and Minister Hawke were directing you to report the matter to the AFP was not because they were worried about Ms Higgins, they were worried about covering themselves?" Ms Chrysanthou put to her.
Ms Brown agreed.
The court heard there was a heated discussion about reporting the alleged assault to police.
"You thought you might be fired because you were resisting the orders of two ministers," Ms Chrysanthou suggested.
Ms Brown again agreed.
Ms Brown has insisted Ms Higgins did not disclose any sexual assault to her.
She said she was later informed by police that Ms Higgins had made a complaint.
Fiona Brown was suspicious about late-night visit to parliament
On Monday evening, while also giving evidence in the Federal Court, Ms Brown said she had been told by the Department of Finance that Ms Higgins and Mr Lehrmann had entered Parliament House in the early hours of the morning on Saturday, March 23, 2019.
She said she was also told that Mr Lehrmann had left soon afterwards, but Ms Higgins was later found naked on a couch in Senator Reynolds's office.
Under cross-examination by Ms Chrysanthou, Ms Brown was asked about a meeting she had with Mr Lehrmann in the days afterwards about the late-night entry, when Mr Lehrmann was told to pack up his desk.
Ms Chrysanthou pressed Ms Brown on whether she had told Mr Lehrmann that Ms Higgins had been found naked on Senator Reynolds's couch.
Ms Brown said she could not remember.
"Wasn't that the most important point?" Ms Chrysanthou asked.
Ms Brown told the court she had been suspicious about Mr Lehrmann's explanations for why he was at Parliament House, including that he and Ms Higgins had gone to Senator Reynolds's office to drink whisky.
She said that the thought entered her mind that Ms Higgins had been sexually assaulted after Mr Lehrmann left that meeting and the building without coming to see her so she could escort him out.
"Did you suspect at that point that they had sex?" Ms Chrysanthou asked.
"I didn't rule it in, I didn't rule it out," Ms Brown replied.
Ms Brown told the court she had called Mr Lehrmann soon afterwards to quiz him about issues raised by his response to his termination.
Ms Brown said one of the reasons he was sacked was for leaving Ms Higgins alone in an inebriated state, which was a work health and safety issue.
She said Mr Lehrmann told her the pair were not inebriated, and that when he left Ms Higgins had been "happy".
Ms Chrysathou asked if the real reason Mr Lehrmann was fired was because Ms Higgins had been assaulted.
"She never told me she had been assaulted," Ms Brown said.
Ms Brown also denied that Ms Higgins's employment was ever threatened by the late-night entry to Parliament House.
As the defamation trial approaches its conclusion, the ABC has confirmed that Ms Higgins and her fiance David Sharaz are leaving Australia and moving to France.