The partner of Brittany Higgins has accused Senator Linda Reynolds of bullying and breaching confidentiality amid reports the former minister leaked Higgins’ intention to seek compensation.
News of the potential civil claim emerged on Sunday in The Sydney Morning Herald, which reported Reynolds’ claim that she had been contacted by Higgins’ lawyers earlier this year, advising of the former Liberal Party staffer’s intention to sue for sexual harassment, sex discrimination, negligence and victimisation.
It is understood the Commonwealth, Reynolds and Senator Michaelia Cash would be named as defendants in the proceeding, which is yet to be filed.
Neither a spokesperson for Higgins nor her lawyers would comment on the “confidential matter”.
On Sunday evening, Higgins’ partner, David Sharaz, took to Twitter to condemn the cumulative effect of Reynolds’ recent conduct, which he described as tantamount to “bullying”.
“First [Reynolds] sent her husband in to watch a victim’s cross-examination and was texting the defence team tips,” he wrote. “Now she’s leaking privileged information to the paper while Britt’s fragile in a clinic. When will the bullying end?”
His criticism follows the decision of prosecutors to abandon the retrial of Higgins’ former colleague Bruce Lehrmann for the alleged rape of Higgins in 2019 because of serious concerns for Higgins’ mental health.
“While the pursuit of justice is essential for my office and for the community general, the safety of a complainant in a sexual assault matter must be paramount,” ACT director of public prosecutions Shane Drumgold said on Friday.
“During the investigation and trial, as a sexual assault complainant, Ms Higgins has faced a level of personal attack that I have not seen in over 20 years of doing this work.
“She’s done so with bravery, grace and dignity, and it is my hope that this will now stop.”
The following day, however, News Corp published a report on the decision of prosecutors to proceed with a trial against Lehrmann notwithstanding police doubts about Higgins’ credibility.
The story relied on leaked internal police notes and briefing documents, omitting mention of the fact the anterior decision to charge Lehrmann was one arrived at by police, not the DPP, as is always the case.
When asked, Drumgold expressed concern at the distribution of documents that were “potentially legally protected”. He also confirmed a separate internal investigation is underway into the unlawful distribution of material to Lehrmann’s defence team during the trial.
Meanwhile, Higgins — who is in hospital — has since published the same statement she made outside court after the first trial was aborted due to jury misconduct.
Lehrmann, for his part, has not made an official statement but is reportedly weighing advice on any potential “legal remedies” that might be available to him. He has consistently pleaded not guilty and denied ever having sexual intercourse with Higgins.
In a statement to Crikey, Reynolds confirmed she was advised of a possible civil claim against her and other parties in March this year. She added Higgins’ lawyers had advised her on Friday that Higgins “intends to progress the civil claim this month”.
Cash’s office declined to comment.
If you or someone you know is impacted by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.
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