Bruce Lehrmann has denied during his defamation trial having sexual intercourse with Brittany Higgins while she was “semi-conscious or passed out” on a couch in Parliament House.
At Lehrmann’s civil case against Network Ten and Lisa Wilkinson, Matt Collins KC for Ten put a series of propositions to him about what happened between 1.48am and 2.30am on 23 March 2019.
Lehrmann is suing over an interview with Higgins broadcast on The Project in 2021, which he alleges defamed him by suggesting he raped Higgins in 2019.
In December, ACT prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to her health.
Lehrmann had pleaded not guilty to one charge of sexual intercourse without consent, denying that any sexual activity had occurred.
The trial, which heard from 29 witnesses over almost three weeks, was abandoned after a juror brought in outside research papers on sexual assault.
On Friday the federal court was played Parliament House security footage of the two former Liberal staffers entering the ministerial suite of Senator Linda Reynolds at 1.48am on a Saturday in 2019.
They had been out drinking at a Canberra bar and a nightclub with parliamentary colleagues and the court was shown CCTV footage from the bar of Higgins consuming six spirit-based drinks and Lehrmann drinking beer.
Lehrmann denied trying to get Higgins drunk by lining drinks up in front of her and on another occasion encouraging her to “scull”.
“I’m going to put a series of propositions to you and I’m going to get your response to them in respect of what happened while you and Ms Higgins were in the ministerial suite,” Collins said.
“Did you enter the minister’s office and find Ms Higgins on the minister’s couch either semi-conscious or passed out?”
Lehrmann: “No, I didn’t enter the minister’s office.”
Lehrmann has given evidence that he had no more contact with Higgins after they entered the suite and went their separate ways. He said he spent up to 40 minutes working on question time briefs alone before leaving Parliament House without checking on Higgins.
Collins put it to Lehrmann that “you had sexual intercourse with Ms Higgins on the couch”.
“I did not have sex with her,” Lehrmann said.
Asked whether Higgins was not wearing any underwear, Lehrmann said he couldn’t say because he did not have sex with her.
Lehrmann: “I did not have sex with her so I can’t answer that.”
Collins: “You remove your pants but kept your shirt on.”
Lehrmann: “No”.
Collins: “Ms Higgins was positioned on the minister’s couch with her head at the end closest to the door and her legs pointed towards the window of the minister’s office.”
after newsletter promotion
Lehrmann: “No, Dr Collins.”
Collins said that Lehrmann was “aware that Ms Higgins was either passed out or semi conscious” when he was having sex with her and when she regained consciousness she said no to him “at least six times”.
Lehrmann: “I didn’t get consent because I didn’t have sexual intercourse with her,’’ Lehrmann said.
“I suggest to you that when you left the minister’s suite Ms Higgins was still on the minister’s couch?
Lehrmann: “Dr Collins, none of this happened.”
Collins said another Liberal staffer, Lauren Gain, told the criminal trial that Lehrmann and Higgins were “pashing” in a booth at the nightclub and he was touching her leg.
Lehrmann has always denied all sexual contact with Higgins and he did not agree with Gain’s account.
Asked about contact with Higgins after he left her at parliament, Lehrmann agreed he sent Higgins two emails on the Saturday and failed to mention anything about the evening’s events.
“You’d been out drinking with Ms Higgins and others from your arrival at The Dock at 8.39 in the evening, until your departure from [nightclub] 88mph at about 1.30 in the morning,” Collins said. “You’d gone on a trip to Parliament House with Ms Higgins between about 1.48am and your departure at 2.38am.
“Did you ever inquire of Ms Higgins whether she got home safely on the 23rd of March? Did you ever ask Ms Higgins what time she’d finished up in the office?”
Lehrmann said he did not ask her any questions because it was an “uneventful night”.
The hearing continues on Monday.
