Mediation talks between Senator Linda Reynolds and Brittany Higgins could be derailed by credibility issues raised at Bruce Lehrmann’s defamation trial.

February 15, 2024

Credibility issues raised at Bruce Lehrmann’s defamation trial could impact two high-profile defamation cases that pit Liberal Senator Linda Reynolds against former political staffer Brittany Higgins and her partner.

Justice Marcus Solomon told the West Australian Supreme Court on Thursday that Justice Michael Lee’s comments in the Federal Court on Tuesday about “important issues of credibility” may affect the proposed mediation of Senator Reynold’s case.

“From reading the pleading in this matter my understanding is there is not an insignificant amount of overlap between the issues,” he said.

He invited the lawyers handling the Reynold’s case to consider delaying the mediation, scheduled for March 5, until after Justice Lee handed down his findings for the suit against Network Ten and journalist Lisa Wilkinson.

A new date of April 29 and 30 was proposed but a firm decision was not made, with Justice Solomon saying he would consider the options as he adjourned the court.

Outside court, Senator Reynold’s lawyer Martin Bennett said Justice Lee’s judicial findings may make findings of credibility about Ms Higgins.

He said they could have an impact on the success of the mediation.

“We’ll wait and see when the mediation is held,” he said.

The Supreme Court heard Justice Lee asked the lawyers in the Lehrmann case to make submissions about “evidentiary tensions” or credibility, which could delay his judgement until April or later.

Senator Reynolds, a former defence minister, is suing Ms Higgins and her partner David Sharaz over a series of social media posts that she says have damaged her reputation.

Ms Higgins is accused of posting defamatory material on two occasions on her Instagram and Twitter accounts.

Senator Reynolds is suing Mr Sharaz over tweets he made and a Facebook comment in 2022.

Among the defamatory imputations claimed against Mr Sharaz’s tweets were that Senator Reynolds pressured Ms Higgins not to proceed with a genuine complaint to police, “is a hypocrite in her advocacy for women’s interests and empowerment”, interfered in Bruce Lehrmann’s trial and bullied Ms Higgins.

Senator Reynolds claims she was also defamed by Mr Sharaz’s reply to a comment on her Facebook page that asked how she was still in politics having “destroyed” Ms Higgins.

The commenter added, “You’re a monster who deserves to be in jail”.

Mr Sharaz responded: “Thanks for reminding her. I hope she hears this every day until she dies”, the senator’s statement of claim says.

Ms Higgins alleged she was raped in 2019 by Lehrmann inside Senator Reynolds’ ministerial office, where he also worked as a staffer.

Lehrmann consistently denied the allegation, and his trial in the ACT Supreme Court was derailed by juror misconduct.

Prosecutors decided not to pursue further action, citing concerns over the impact it may have on Ms Higgins’ mental health.

Lehrmann has since been charged with raping another woman in Queensland and his lawyers have indicated he will plead not guilty.

Ms Higgins and Mr Sharaz left Australia in December to start a new life in France.

Senator Reynolds has received legal advice from French lawyers about her right to enforce an Australian judgment against assets the pair may have in France but Mr Bennett refused to comment about the outcome.