Lehrmann, Higgins in ‘passionate’ kiss: court

A political staffer says she saw Brittany Higgins and Bruce Lehrmann kissing at a Canberra club hours before she alleges she was raped in Parliament House, a court has heard.

Mr Lehrmann is suing Network 10 and journalist Lisa Wilkinson in the Federal Court, claiming he was defamed by Brittany Higgins’ The Project interview in February 2021 in which she claimed she was raped in Parliament House.

During her testimony, Ms Higgins told the court that after a night out drinking, she came back to Parliament House with Mr Lehrmann before she passed out and woke to him sexually assaulting her on a couch in Senator Linda Reynolds’ office.

Mr Lehrmann has denied the allegations and told the court that he went one way when he entered the minister’s office and Ms Higgins went the other.

He has told the court he spent 30 to 40 minutes working on ministerial notes and did not have any sexual contact with Ms Higgins that morning.

Ms Higgins on Tuesday concluded her testimony after just over four days on the stand

On Wednesday, the court heard from several Liberal staffers in Nicky Hamer and Jesse Wotton.

Fellow staffer Lauren Gain will be the next witness, with Ms Higgins’ former housemate Alex Humphreys also expected to take the stand.

They will all give evidence about key incidents before and after the alleged sexual assault.

THE KISS

Lauren Gain, who worked at the Department of Defence at the time, was present at two bars with Ms Higgins and Mr Lehrmann on March 22, 2019, in the hours before the alleged sexual assault.

Mr Lehrmann arrived at The Dock pub with another colleague, Austin Wenke, where Ms Gain and Ms Higgins were drinking, the court heard.

Ms Gain said that she met Mr Lehrmann for the first time that night and he told her he was applying for a job at the Australian Secret Intelligence Service.

She said that anyone wishing to work at a defence agency is told not to tell anyone.

“I thought that he was an idiot for saying that,” Ms Gain told the court on Wednesday.

Later that evening, Ms Gain, Ms Higgins, Mr Lehrmann and Mr Wenke ended up drinking at another bar, 88MPH.

“I remember Brittany falling over and having to be helped back up,” Ms Gain on Wednesday told the court of her recollections at the bar.

She told the court that Mr Lehrmann had to help Ms Higgins back to her feet and into a booth where they were sitting.

“I remember Brittany and Bruce sitting quite close together, them being quite touchy with each other, I remember them kissing and her taking selfies of the two of them,” Ms Gain told the court.

Ms Gain told the court it was more than a “peck” and described it as a “passionate” kiss.

Ms Gain added that she saw Mr Lehrmann placing his hands on Ms Higgins’ thigh, and that Ms Higgins had placed her hand on Mr Lehrmann’s thigh.

She also said that Ms Higgins was “intoxicated” on the night.

Ms Gain also admitted that she was drunk on the evening and cannot remember leaving 88MPH.

According to Ms Higgins’ evidence previously given to the court, after leaving 88MPH she and Mr Lehrmann went back to Parliament House where the alleged rape occurred.

Ms Gain told the court that the following day, she sent a colleague a message saying Mr Lehrmann and Ms Higgins had “hooked up”, the court heard.

During his evidence, Mr Lehrmann vehemently denied having kissed Ms Higgins at the club.

When he was asked whether he had “pashed” Ms Higgins, Mr Lehrmann previously told the court: “I did not”.

“NOTHING SPECIFIC”

Mr Wenke told the court in his own evidence that he did not recall seeing Ms Higgins and Mr Lehrmann kissing while at 88MPH.

“Did you observe any interactions between Ms Higgins and Mr Lehrmann at 88MPH,” Ten’s barrister Dr Matt Collins KC asked.

“There’s nothing specific that I can recall in terms of those two, no,” Mr Wenke said.

When pressed by Mr Whybrow whether he would have remembered any kiss, Mr Wenke said: “Look, possibly but I don’t recall specific interactions, it’s been some time,” Mr Wenke said.

THE PHONE

Ms Reynolds’ former media adviser Nicole Hamer and fellow adviser Jesse Wotton on Wednesday gave conflicting accounts of an incident at the Kingston Hotel on March 2, 2019.

Ms Higgins, in her evidence, said that Mr Lehrmann took her phone in an attempt to stop her from leaving and to have another drink.

It was a claim which was denied by Mr Lehrmann when he gave evidence to the court earlier in the trial.

Ms Hamer told the court that she was at the Kingston Hotel when she says Mr Lehrmann asked about Ms Higgins.

“So Bruce asked me if I could reach out to Brittany and see if she was available to come to the pub that night,” Ms Hamer told the court on Wednesday.

Ms Hamer further told the court that Mr Lehrmann told her that Ms Higgins was “good looking” and “asked about her” and whether she could invite her to the pub.

The court heard that Ms Higgins came to the Kingston Hotel after Ms Hamer extended an invitation via Instagram.

Ms Hamer said on Wednesday that she and Ms Higgins had a conversation at a table for about 30 minutes to an hour.

When they returned, Brittany said she had to leave for another appointment.

“Brittany picked up her phone to book an Uber and Bruce took her phone away, as a bit of play I guess, to stop her from being able to book an Uber,” Ms Hamer said.

Ms Hamer said that Mr Lehrmann handed back Ms Higgins’ phone after a minute or two.

She said that Mr Lehrmann later accused her of “being a feminist” during a heated argument.

“Bruce said that I had overreacted in the way I spoke up and tried to defend Brittany,” Ms Hamer said.

The court heard following the incident, Ms Hamer tendered her resignation later that night.

She said the heated conversation with Mr Lehrmann was one of many reasons for her resignation.

Ms Hamer told the court: “I felt like I was being ganged up on by Bruce.”

Pressed by Mr Whybrow on how she could be “ganged up on” by one person, Ms Hamer said: “I felt uncomfortable.”

Under cross examination, Ms Hamer had been asked whether Mr Lehrmann had not taken Ms Higgins’ phone and he had only encouraged her to stay for another drink.

“No, I remember her phone being taken,” Ms Hamer said.

“NOT SOMETHING I RECALL”

Meanwhile, Mr Wotton, during his evidence said that he “did not recall” Ms Higgins’ phone ever being taken.

Mr Wotton told the court that he was at the Kingston Hotel playing pool with Mr Lehrmann when Mr Lehrmann told him that he had invited Ms Higgins to the pub.

He noted he presumed Mr Lehrmann had a pre-existing friendship with Ms Higgins, who at the time was working for departing minister Steve Ciobo and was looking for a job.

Mr Wotton told the court that Ms Hamer and Ms Higgins went off to have a conversation for about 45 minutes before they returned.

He said at that point Ms Higgins said she need to leave to meet up with her housemate at the Night Noodle Markets.

Mr Wotton said that Mr Lehrmann urged Ms Higgins “come on, stay for a drink”.

He said Ms Higgins left shortly after.

Under cross examination from Mr Lehrmann’s barrister Steve Whybrow, Mr Wotton was asked if he recalled Ms Higgins’ phone being taken by Mr Lehrmann.

“That’s not something I recall,” Mr Wotton said.

Mr Wotton was asked by Justice Michael Lee whether he could not recall any incident with the phone or whether he denied it ever happened.

“What I would say is I don’t recall it happening that evening, nor do I recall it featuring in the conversation with Ms Hamer that evening or in a conversation with the minister the following day,” Mr Wotton said.

“I feel it would have.”

“SHUT THE F*** UP”

Mr Wotton told the court that after Ms Higgins left, he had a verbal argument with Ms Hamer.

“Ms Hamer was very upset and unhappy, that she was of the view that Ms Higgins had left the hotel believing that because she had left, she wouldn’t have a job in the minister’s office and we had pressured her into staying for a drink,” Mr Wotton said.

He added: “I recall Ms Hamer first turned to Mr Lehrmann and said ‘you shut the f*** up’ and she turned to me and repeated it.

“Then she voiced her displeasure that Ms Higgins felt she needed to stay for a drink in order to have a job in the minister’s office.”

Mr Wotton said that he “quite passionately” told Ms Hamer that he was unhappy about the accusation.

Mr Wotton told the court that on the following day, he and Mr Lehrmann were separately called into meetings by Senator Reynolds and reprimanded about the incident at the Kingston Hotel.

He said he was told in the meeting that Ms Hamer had resigned the prior evening.

“Senator Reynolds didn’t agree with my version of events and my take on them,” Mr Wotton told the court.

“She believed those events put her in a very difficult position in terms of whether or not Ms Higgins ultimately ended up with a job in her office.”

Mr Wotton said he maintained that he disagreed with Senator’s Reynolds’ view.

THE NAMING

Ms Hamer said she first became aware of the rape allegations when Senator Reynolds’ office received media queries.

After news.com.au journalist Samantha Maiden broke the story and Ms Higgins was interviewed on The Project, Ms Hamer said that the allegations were the subject of many discussions with people working at Parliament House.

Mr Lehrmann was not named on The Project.

She was asked by Mr Lehrmann’s barrister Steve Whybrow whether Mr Lehrmann was mentioned in those conversations with fellow political staffers.

“I believe that Bruce was named in some of those discussions,” Ms Hamer told the court.

“But from information you already had and information in The Project, you knew he was being referred to,” Mr Whybrow asked.

“Yes,” Ms Hamer said.

“There was no other person who fit that description of having worked for Linda Reynolds and then moved at that time, other than Bruce Lehrmann, was there?” Mr Whybrow asked.

“My understanding was that it was Mr Lehrmann,” Ms Hamer said.

FREE RENT

The court previously heard Mr Lehrmann took part in two interviews with Channel 7’s Spotlight Programs earlier this year.

And in return Seven paid his rent from June 2023 until June 2024.

“You don’t know how much you were paid?” Ms Wilkinson’s barrister Sue Chrysanthou SC asked last week.

“I’ve never seen that,” Mr Lehrmann said.

“So you don’t know how much was paid by Seven for your accommodation for 12 months?” Ms Chrysanthou asked.

“Network Seven handle the accommodation arrangements,” Mr Lehrmann said.

Details of the deal were revealed in court documents released by the Federal Court.

According to the agreement, Mr Lehrmann would provide exclusive interviews to Seven relating to “his experience of the criminal charge brought against him” and “his life following the ACT criminal proceedings, including his Federal Court defamation actions against the media”.

It says that in exchange, “Seven will provide the interviewee 12 months accommodation at a residence to be agreed by Seven and the interviewee.”

According to an invoice that was released by the court, Seven made a booking for a North Sydney residence from April 13 this year until April 12 next year.

The invoice included $4000 for a fortnight’s rent from June 8 to June 22.

THE DRESS

The court has heard Ms Higgins sent a text to her ex-boyfriend wearing the dress which she was wearing on the night she alleges she was raped in Parliament House.

CCTV played to the court showed Ms Higgins wearing the white cocktail dress at a Canberra pub and in Parliament House on the evening of March 22 and March 23, 2019.

During her criminal trial she said following the alleged rape, she put the dress under her bed for six months.

However that version of events was contradicted by a photo of her wearing it at a function with Senator Reynolds during the federal election campaign.

The court has heard that on that same day, May 16, 2019, she sent her ex-boyfriend Ben Dillaway a picture of her wearing the dress.

“I’m working on my selfie game,” Ms Higgins said in a text to her Mr Dillaway, which has been released by the court.

“F*** you look hot,’’ Mr Dillaway replied.

“Seriously.”

During her evidence, Ms Higgins told the court that she was “trying to be flirty, I guess.”

She was last Friday questioned about the dress and her decision to wear it that night.

“It was my favourite dress, I used to wear it all the time and I was trying to reclaim it… I never wore it after this event,” Ms Higgins said in her evidence last week.

“I thought maybe I could disassociate it from the rape but I never could.”

Mr Lehrmann’s barrister Steve Whybrow SC asserted to her that she wore the dress that evening because she hadn’t been sexually assaulted.

“I understand that is what you’re putting to me, but that’s incorrect,” Ms Higgins replied.

Mr Lehrmann stood trial in the ACT Supreme Court last year after pleading not guilty to one count of sexual assault, before the trial was aborted due to juror misconduct.

The charges were subsequently dropped and no findings have been made against him.

The trial before Justice Michael Lee continues on Wednesday.