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Federal Court docket Justice Michael Lee stated that he had decided it was within the pursuits of justice for Brown’s proof to be recorded and streamed, however not livestreamed, “primarily based on out there medical proof adduced earlier than me”.
He stated that all the pieces upon which he made his determination could be within the public area, however streaming the proof after Brown had left courtroom was an acceptable safeguard.
‘Protecting themselves’
Brown informed the courtroom on Tuesday that Reynolds after which particular minister of state Alex Hawke had wished her to make a police report after she disclosed a dialog she had with Higgins in March 2019.
Brown informed the courtroom Higgins had “blindsided” her when she informed her on March 28: “I keep in mind him being on high of me.”
“I didn’t take it as an allegation,” Brown stated. She stated Higgins “nonetheless had not given me an allegation” however had informed her a couple of recollection.
Bruce Lehrmann outdoors the Federal Court docket in Sydney on Monday.Credit score: Edwina Pickles
Brown has informed the courtroom that by this stage she had been informed Higgins had been discovered bare in Reynolds’ workplace within the early hours of Saturday, March 23, 2019, and that each she and Lehrmann, who had labored as advisers to Reynolds, had come to Parliament Home after hours.
Requested by Wilkinson’s barrister, Sue Chrysanthou, SC, if she had “thought to your self, ‘f—’ ” after listening to Higgins’ remark, Brown stated: “One thing like that, yeah, I assumed, ‘wow’.”
Brown stated the ministers “felt it was finest if it went to police” however “there was no consideration for Ms Higgins”.
“I didn’t have the suitable; Ms Higgins had the suitable,” she stated.
“In order that they have been overlaying for themselves, you felt?” Chrysanthou requested. “Sure,” Brown replied.
Assault ‘not dominated in or out’
Throughout her proof on Monday, Brown agreed that it had entered her thoughts after talking to Lehrmann on March 26, 2019, that Higgins could have been sexually assaulted on March 23, however she couldn’t rule it in or out. She agreed she additionally thought it was “potential” that they had intercourse.
Brittany Higgins arrives on the Federal Court docket in Sydney on December 1.Credit score: Steven Siewert
She stated her “antenna went up” when Lehrmann informed her that he had come again to Parliament Home to drink whisky.
However Brown denied that Higgins informed her of their first assembly on March 26, after her dialog with Lehrmann earlier that day, that she had woken up in Reynolds’ workplace and Lehrmann had been “on high of me”. She did say that she was semi-naked, Brown stated.
Brown agreed she had given Higgins the quantity for the nationwide home household and sexual violence counselling service, 1800 RESPECT, on the first assembly. She informed the courtroom the division of finance had suggested her to take action earlier than she had spoken to Higgins.
“It was a part of the recommendation they offered due to the state of undress, I presume,” Brown stated.
The courtroom has heard Brown took Higgins to satisfy inside Australian Federal Police brokers in Parliament Home on April 1, 2019, however didn’t attend the assembly. In the end, Higgins opted to not proceed with a criticism till 2021.
On April 5, 2019, Lehrmann’s employment was formally terminated for accessing the workplace out of hours, however not for the alleged assault.
‘There was no cover-up’
Requested about allegations there was an try and suppress Higgins from making a criticism, Brown stated Higgins and Lehrmann have been of their early 20s and “there was no cover-up”.
The police and division of finance have been consulted, the division of parliamentary providers knew, and “there was no cover-up”, she stated.
Lehrmann not named
Lehrmann was not named in Ten’s interview. A preliminary situation within the case is whether or not he was recognized due to the main points offered within the broadcast.
If the courtroom finds Lehrmann was recognized within the interview, Ten and Wilkinson are in search of to depend on defences of reality and certified privilege. Certified privilege is a defence regarding publications of public curiosity, which requires a media outlet to indicate it has acted fairly.
Sexual assault cost dropped
Lehrmann’s ACT Supreme Court docket trial for sexual assault was aborted final yr because of juror misconduct. The cost towards Lehrmann was later dropped altogether owing to considerations about Higgins’ psychological well being.