The defamation battle between Senator Linda Reynolds and her former staffer Brittany Higgins, as well as her partner David Sharaz, has taken an unusual turn during their latest court hearing.
Senator Reynolds has been suing Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023, following Ms Higgins’ claims she was raped in Parliament House by her then-colleague Bruce Lehrmann.
But during a surprise directions hearing in the WA Supreme Court on Tuesday, Mr Sharaz issued a statement on social media, saying he was no longer contesting the case.
Mr Sharaz said he could not afford the ongoing legal battle against Senator Reynolds.
“Despite our best efforts, Linda Reynolds has not accepted attempts to resolve this matter through mediation and Brittany may now be exposed to another trial. It will be her third,” he said.
“I cannot afford to pay legal costs to defend myself over a six-week trial.
“As a result, I have today informed the court that I will not fight Reynolds’ legal action anymore.
“I now appeal for Senator Reynolds to settle her litigation against Brittany, a rape victim, by agreeing to disagree and putting all of this behind them.
“It’s time to move on. It’s time to let Brittany heal.”
Federal Court Justice Michael Lee recently ruled he was convinced to a civil standard — which is different to a criminal standard — that on the balance of probabilities Ms Higgins was raped.
That finding came following legal action Mr Lehrmann brought against Network 10 and journalist Lisa Wilkinson over a report on The Project program in 2021.
During the directions hearing on Tuesday, Ms Higgins’ barrister Nicholas Owens argued the trial could be heard in three weeks if it was just Senator Reyonlds’ claim against Ms Higgins.
But the court was told Ms Higgins’ legal team wanted to push back the start of the trial — currently scheduled for July 24 — due to Ms Higgins’ mental health, saying she was unable to give proper instructions.
The court heard a lengthy trial could not be accommodated until the first quarter of next year.
Mr Owens further argued that the recent Federal Court judgment was highly traumatising for Ms Higgins and it had thrust her back in the spotlight.
He said it was hoped mediation could continue with Senator Reynolds.
Justice Paul Tottle said he wanted the matter resolved as soon as possible.
“My strong impression is that prolonging this process is detrimental to both sides, and that taking steps to have a fair and efficient trial at the earliest date is the most effective way of addressing health concerns to which both sides point,” he said.
“The procedural concerns expressed by Ms Higgins to obtain her evidence and amend her pleadings can be accommodated without vacating the trial date.
“I will hear from Ms Higgins’ counsel at every stage in the lead-up to trial and the court will do all that it can to accommodate the procedural concerns from Ms Higgins without disturbing the existing trial dates.”
Following Mr Lehrmann’s defamation action, Justice Lee also found that a political cover-up involving Senator Reynolds and others was not true, which Senator Reynolds said was vindication of her.
“For three years I have endured intense public scrutiny, vilification, vile trolling and have been demonised as the villain in a story of a political cover-up I have always known to be untrue,” Senator Reynolds said after Justice Lee handed down his judgment.
“Fiona Brown and I have lost our careers, had our reputations destroyed and have had our health seriously and irreparably compromised.”
In her own statement, Ms Higgins said she was sorry for the hurt suffered by her former boss and Ms Brown.
“While I do not agree with all of Justice Lee’s findings, I do respect his observations about the many people scarred and damaged in the aftermath of my rape,” Ms Higgins said.
“All the various people who have been unwittingly wrapped up in years’ worth of media discourse and legal battles in relation to my rape.
“I want to particularly point out my family, who have been such an incredible support.
“They’ve been so strong, faced a seemingly unrelenting barrage of hate and have consistently held me together at times when I thought I would fall apart.
“Senator Reynolds and Fiona Brown have also been hurt and for that, I am also sorry. My perceptions and feelings about what happened in the days and weeks after my rape are different from theirs.
“I deeply regret we have not yet found common ground. I hope we can resolve our differences with a better understanding of each other’s experience.”
Senator Reynolds indicated her defamation action would continue.
“I welcome Ms Higgins’ olive branch and her commitment to engage with me to reach a resolution,” she said.
“What still lies between us are not different perceptions. It is a fact that Ms Higgins received our support and that there was no cover-up.
“If Ms Higgins does not accept Justice Lee’s findings on the claims of cover-up and mistreatment then, regrettably, it will have to be proved again in our trial set for July this year.”
A strategic conference is currently scheduled for May 24.