This article contains references to allegations of rape and sexual assault.
Brittany Higgins broke down sobbing in the arms of a close friend days after being allegedly raped by Bruce Lehrmann in Parliament House, a court has heard.
Ben Dillaway says he flew to Canberra on 27 March, 2019 to support Higgins after suspecting she had been sexually assaulted the weekend before.
Giving evidence in a defamation trial on Thursday, Dillaway said Higgins was crying and sobbing in his arms.
“She was very upset and appeared very broken,” he told the Federal Court.
Dillaway said while he could not recall the exact words spoken, he took away from the discussion that his friend had been raped or sexually assaulted.
Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation over a February 2021 report on The Project regarding Higgins’ allegation.
The ex-Liberal staffer denies any sexual contact or intimacy occurred between himself and Higgins.
Lisa Wilkinson is seen during a break at the Federal Court of Australia in Sydney, Thursday, December 7, 2023. Source: AAP / Bianca De Marchi
In the week or so after the alleged rape, Higgins allegedly told Dillaway she was struggling at work, had experienced panic attacks and had confined herself in a Parliament House bathroom to cry.
She also told him she did not want anyone to know about the alleged incident, Dillaway said.
“She had concerns about becoming known as the girl who was raped in parliament.”
Under cross-examination by Lehrmann’s barrister Steven Whybrow SC, Dillaway said he thought Higgins had an “unfounded fear” about perceived consequences on her job if she went to the police.
“I thought she had nothing to fear from her job because she was the victim,” he said.
There was also no ultimatum Higgins had to help minister Linda Reynolds campaign for the federal election in Perth but rather it was a feeling she had, Dillaway said.
Nikola Anderson was working as a security guard about 1.30am on 23 March, 2019 when she escorted Higgins and Lehrmann to the office of Senator Reynolds.
Anderson testified that she conducted a welfare check about 4.30am after Higgins failed to come out of the suite.
In an affidavit, she said Higgins was naked on the minister’s couch and had opened her eyes to look at her.
“She rolled over into the fetal position and faced the desk, the minister’s desk,” she told the court.
Higgins’ dress and shoes were on the floor next to the lounge, her makeup appeared to be intact and she did not appear to be in any distress, Anderson said.
Bruce Lehrmann (right) is suing Network Ten and journalist Lisa Wilkinson for defamation over a February 2021 report on The Project regarding the allegations of Brittany Higgins. Source: AAP / Bianca De Marchi
Mark Fairweather, the other security guard who signed Lehrmann and Higgins into Parliament House, said the pair did not seem to be too drunk going through the metal detectors.
He said when Lehrmann left later on, he was walking hastily while looking down at his phone.
Major Nikita Irvine worked as Senator Reynolds’ aide de camp around the time of the alleged rape and told the court she got “bad vibes” from Lehrmann.
“When I started at that office, I had bad vibes on Bruce and his future,” she said.
When Ten’s barrister Matthew Collins KC asked what she meant, Irvine could not give a precise answer.
“It’s women’s intuition, Dr Collins. I’m sorry, I just didn’t want to spend time with him.”
Lehrmann has already had $445,000 in legal bills covered under two defamation settlements with News.com.au and the ABC over their media reports airing Higgins’ rape allegations.
Higgins received a total of almost $2.5 million from a settlement with the Commonwealth after suing for breaches of employment law and the sex discrimination act in relation to events during and after the alleged rape.
Lehrmann was charged in August 2021 over the alleged rape, but his criminal trial in the ACT Supreme Court was derailed by juror misconduct.
Prosecutors did not seek a second trial, citing concerns for Higgins’ mental health.
If this story has raised any issues for you, help is available at Lifeline on 13 11 14.
If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au
In an emergency, call 000.
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