Linda Reynolds fires off extraordinarily sassy letter to Lehrmann (2024)

Liberal Senator Linda Reynolds has broken down on the stand as she recounted her guilt over Kimberley Kitching's death to a defamation trial.

Ms Higgins' lawyer Rachael Young probed the retiring politician on Friday about her claim Ms Kitching had given her a 'heads up' about a Labor Party plan to weaponise Ms Higgins' alleged rape and her mishandling of it.

The senator agreed Ms Kitching denied the conversation happened and publically lambasted her for making the statement.

'She was livid,' she told the Western Australian Supreme Court on Friday.

Ms Young quizzed the senator about her statement earlier in the trial that Ms Kitching's decision to advise her about the plan led to her death.

'I wanted to tell the truth,' Senator Reynolds said crying uncontrollably.

'Because it displays your contempt for the Labor Party?' Ms Young said.

'It displays my guilt. If I hadn't revealed her confidence to me ... that's when she was furious with me ... what led to her being ostracised by Labor.

'I shouldn't have weakened to tell them, even in private.

'She was so angry with me and she was losing weight ... I carry the guilt of telling the senators that led to that.

'I believe what I said ... caused them to bully her to death. I carry a great deal of guilt.'

Linda Reynolds denied knowing that Brittany Higgins had been raped when she held a meeting with her on April 1 - but an email sent to the senator two days earlier heavily hints at a sexual assault.

The email, pictured below, makes reference to abuse helpline 1800Respect, taking leave for medical appointments, as well as the possibility of police involvement.

Ms Reynolds maintained in court on Friday that she did not know Ms Higgins had been raped despite being aware her staffer had been found naked on her office couch after entering the room late at night with Bruce Lehrmann.

Ms Reynolds also knew Ms Higgins had been drunk to the point of memory loss, that security guards were concerned about her, that she had wanted to go to the doctor, and told a senior staff member 'I remember him on top of me'.

Ms Young asked Ms Reynolds if she really didn't know that something sexual might have happened, given her knowledge of those details.

Ms Reynolds said she was concerned about Ms Higgins, but she was 'old and experienced enough' to know not to jump to conclusions.

Ms Young then pointed to an email Ms Reynolds received on March 30, 2019, from another employee, Lauren Barons, that lays out the steps Fiona Brown was understood to have taken to support Ms Higgins.

That email reads: 'If you haven't already you may wish to ensure the staff member is aware of 1800Respect.org.au

'Notified her that, should she choose to, she is able to pursue a complaint, including a complaint to the police, and that to do so would be within her rights.'

It also reads: 'You have provided the employee with hte leave required to attend medical appointments.'

Linda Reynolds appeared flustered after the lunch break on Friday when she again denied knowledge of Brittany Higgins' rape before April 1, 2019.

The former staffer's lawyer Rachael Young SC referred to file notes taken by Assistant Commissioner Leanne Close following a meeting with Ms Reynolds and her chief-of-staff, Fiona Brown, on March 27, 2019.

The meeting took place inside Ms Reynolds' ministerial office, in front of the couch where the rape took place on March 23, 2019.

According to Assistant Commissioner Close's notes, Ms Reynolds had said: 'We found out through a Department of Parliamentary Services report.'

The notes then said Ms Reynolds pointed at the couch and said 'on my couch'.

Ms Reynolds agreed it was likely she made those statements, but said she was only referring to the security breach that was triggered when Ms Higgins entered her office in the early hours of the morning with Bruce Lehrmann.

She told the court that, while she didn't doubt the assistant commissioner's notes, it wasn't a full transcript of the conversation between three people.

Ms Reynolds said: 'No, I'm getting confused because we've got a summary of different parts of the conversation.'

Ms Young repeated: 'When you pointed to the couch in your office, you said "we found out through a DPS report".

Ms Reynolds maintained she was only referring to the security breach and found out about the assault when she met with Ms Higgins on April 1, 2019.

That meeting also took place in Ms Reynolds' office, on the same couch where the rape took place.

Ms Reynolds has maintained she did not know Ms Higgins was raped, let along on her couch, when she chose to have the meeting in that location.

Once she did find out about the rape, she felt pleased that Ms Higgins had been referred to counsellors.

However, she struggled to explain why she never pulled Ms Higgins aside and asked if she was OK, once she did find out about the assault.

Ms Young then asked Ms Reynolds if her experience being in Bali in the aftermath of the bombings in 2002 meant that she understood traumatised people don't always disclose their trauma.

The senator said she did understand that, and was glad Ms Higgins was getting support through the sexual assault team.

'Did you never pull her aside and say, "are you OK? Is there anything you want to talk about?".

At that point, her voice shook and she started crying.

Through tears, she said: ''Did I see myself as her mental health professional? No, I did not.

'Did I see my role as making sure she had the support she needed? Absolutely I did but I wasn't AFP and I wasn't the sexual assault team, but I tried to give her agency.'

Ms Reynolds was then asked if she wanted to take a break, but she declined.

'I just want to push through this,' she said, through tears.

Linda Reynolds may have to seek leave from attending Parliament on Monday if cross-examination does not conclude on Friday.

Ms Young said she would try to finish by 4.15pm on Friday, but noted Ms Reynolds' lawyer would then need time for re-examination.

Justice Paul Tottle said he was happy to sit in court until 6pm, if that's how long it took.

Court will resume at 2pm local time, 4pm AEST.

Linda Reynolds never spoke to Brittany Higgins about her rape because she didn't feel it was her job to do so.

Her first meeting with Ms Higgins was on April 1, 2019 - about a week after the rape.

At that time, Ms Reynolds knew Ms Higgins had been found naked on the couch in the early hours of March 23, 2019, she had been drunk to the point of memory loss, that security guards were concerned about her, that she had wanted to go to the doctor, and told a senior staff member 'I remember him on top of me'.

However, she maintained that she did not think an assault had taken place because there was no explicit allegation.

On Friday, Ms Reynolds said it was not her place to counsel Ms Higgins, so she never asked the young staffer if there was anything she wanted to talk about.

The meeting was disciplinary because a security breach was triggered when Ms Higgins entered Parliament House at about 1am on the night of the assault.

Ms Higgins' lawyer Rachael Young SC asked Ms Reynolds if she gave the young staffer any counselling information, or asked if there was anything she wanted to talk about,

Ms Reynolds said she didn't talk to Ms Higgins about any assault because she felt 'out of my depth' and believed it was the job of the Department of Finance to handle it.

She didn't tell Ms Higgins that she had been found naked in her office - Ms Higgins had been asleep and didn't know, at that stage.

Ms Young suggested that Ms Reynolds 'shut her down' when she said during the meeting with Ms Higgins, 'I am not the right person to be talking to' about any assault.

Ms Reynolds said she ensured Ms Higgins had the correct brochures and numbers, and told her to request support from Australian Federal Police if required.

'I certainly did not shut her down,' Ms Reynolds asked.

Ms Young asked whether Ms Reynolds had worked in male-dominated areas.

'You have been fighting the glass ceiling your whole career?' she asked.

Ms Reynolds said the 'glass ceiling' analogy was 'a very Labor way' of talking about gender inequality, but agreed she had worked in male-dominated fields.

She denied the forthcoming federal election was a factor in her decision not to address any assault with Ms Higgins.

Ms Reynolds also denied telling Ms Higgins 'this is something women go through'.

She also denied telling her to inform her if she did choose to report the matter to AFP.

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Linda Reynolds has denied knowing that Brittany Higgins was sexually assaulted prior to meeting with her in the same office, on the same couch, she was raped on.

In court on Friday, Ms Higgins' barrister Rachael Young SC suggested to Ms Reynolds that she must have known something sexual happened in the early hours of March 23, 2019.

Ms Reynolds maintained she did not know, and she didn't want to assume.

Ms Young pointed out that Ms Reynolds knew Ms Higgins and Bruce Lehrmann had entered her office, drunk, in the early hours of the morning.

Prior to the meeting in her office with Ms Higgins on April 1, 2019, she also knew Ms Higgins had been found naked on the couch.

Ms Reynolds also knew Ms Higgins had been drunk to the point of memory loss, that security guards were concerned about her, that she had wanted to go to the doctor, and told a senior staff member 'I remember him on top of me'.

Ms Young asked Ms Reynolds if she really didn't know that something sexual might have happened, given her knowledge of those details.

Ms Reynolds said she was concerned about Ms Higgins, but she was 'old and experienced enough' to know not to jump to conclusions.

The senator told the court that she felt pleased that Ms Higgins was going to a doctor, and she had been given a pamphlet with counselling services.

On March 29, 2019, Ms Reynolds' chief-of-staff Fiona Brown told her that Ms Higgins' father was travelling to Canberra from the Gold Coast to support her.

In court on Friday, Ms Reynolds said she believed Ms Higgins' father was coming due to the security breach - not because there was an assault.

Ms Young then pointed to an email Ms Reynolds received on March 30, 2019, from another employee, Lauren Barons, that said Ms Higgins had been provided with a brochure for the Employee Assistance Program (EAP).

She had also been provided with an assault hotline, 1800RESPECT.

The email referenced concern for Ms Higgins, and said Ms Reynolds should continue to support her and 'provide her with the assistance she requires to make a decision on whether she does want to take this further'.

Ms Reynolds said she saw that email as 'confirmation' that Ms Higgins wasn't raped because there was no allegation.

Ms Young asked Ms Reynolds if she knew that rape victims can take a long time to make a complaint, and the senator agreed.

However, she maintained that she did not know there was an assault because Ms Higgins had said she couldn't remember.

Ms Reynolds said she was the right person to deal with the security breach, but 'I felt well and truly out of my depth' as an employer with a staff member who had been drunk.

She decided she was not the right person to discuss any personal complaints and was pleased she was going to the doctor and receiving services.

During Bruce Lehramnn's criminal trial in 2022, Linda Reynolds told the ACT Supreme Court that she learned various details about what happened on the night of Brittany Higgins' rape from media reports.

Those details included that security guards found Ms Higgins naked in her office and conducted more checks on her in the morning, and that her office was cleaned after the assault on March 23, 2019.

However, in court on Friday, Ms Reynolds was forced to accept that evidence was wrong.

Ms Higgins' barrister Rachael Young SC showed the court a report prepared by the Department of Parliamentary Services about the night of the assault.

The incident was treated as a security breach, no one knew an assault had taken place at that stage.

That DPS report was shown to Ms Reynolds when it was prepared, but on Friday she told the court she had forgotten about it while giving evidence three years later in 2022.

'I hadn't recalled it because there was a discussion about steam cleaning and, in terms of security guards, I recollected there were checks but not necessarily security guards,' she told the court.

Ms Reynolds said she didn't ask to see the DPS report when preparing to give evidence in court because she couldn't remember it, and she didn't think she was entitled to view documents prior to giving evidence.

Ms Young asked if she was trying to 'diminish' the gravity of the assault when she gave incorrect evidence in the criminal trial.

'No, not at all,' Ms Reynolds replied.

Linda Reynolds launched five defamation proceedings in the wake of Brittany Higgins' allegations against her, the court heard on Friday.

She received $90,000 from the ACT Government, and launched successful civil claims against publisher HarperCollins and journalist Aaron Patrick, along with newspapers The Spectator and The Independent.

All matters were settled.

Ms Reynolds' lawyer Martin Bennett opposed Ms Higgins' lawyer's request to release the settlement deed with HarperCollins and Mr Patrick, stating it was protected under a confidentiality clause.

The document will likely be the subject of a non-publication order.

In court on Thursday, Linda Reynolds vented her fury over how Brittany Higgins took a black and white Carla Zampatti jacket - worth about $1,000 - from her office the morning after her rape, and never returned it.

Ms Higgins was raped by her former colleague Bruce Lehrmann on a couch in Senator Reynolds' Parliament House office in the early hours of March 23, 2019.

Security footage showed her arriving at Capital Hill that evening wearing only a white pencil dress and heels, but footage captured the following day showed her leaving the building in the designer coat.

The former Liberal staffer previously told a court that she had wanted to cover herself up after her assault, so she found the coat in a charity box in Ms Reynolds' office and put it on.

Ms Reynolds - who is now suing Ms Higgins for defamation over a separate issue in the WA Supreme Court - has maintained there was no charity box in her office and claimed the jacket was taken from her personal wardrobe.

Under cross-examination this week, Ms Reynolds revealed she thought she had lost the jacket until Lehrmann's lawyer Steven Whybrow SC told her three years later that Ms Higgins took it.

She became enraged and texted Mr Whybrow late at night about Ms Higgins' wardrobe choices - admitting in court that it was 'catty', but the frustration was not something she could control at the time.

Daily Mail Australia has now obtained a photo of Ms Reynolds wearing the designer jacket at an event in Rockingham, Western Australia, in 2017 - about two years before Ms Higgins swiped it from her office.

Court will resume at 10.30am local time, 12.30pm AEST.

Linda Reynolds' lawyer has hit back at a letter Bruce Lehrmann's team fired off on Tuesday - after the senator described him as 'shifty' in court.

Ms Reynolds has long maintained that she did try to help Ms Higgins and claims Ms Higgins' posts damaged her reputation.

The four-week hearing in the WA Supreme Court began last Friday with Ms Reynolds' lawyer Martin Bennett delivering opening statements.

He said Ms Reynolds 'had marvellous intuition... she thought Lehrmann was shifty'.

Four days later, Ms Reynolds' team was hit with a letter from Lehrmann's lawyer Zali Burrows claiming the term 'shifty' implied he was 'a deceptive, crooked, fraudulent and dishonest character'.

In the letter, the term 'shifty' was described as a 'character assassination'.

Lehrmann's team also took issue with evidence Ms Reynolds gave on Monday, when she said he had lied about being friendly with former ASIO Director-General Duncan Lewis in 2019.

Lehrmann is not a party to the current defamation proceedings, nor is he a witness.

Daily Mail Australia can now reveal Mr Bennett replied to Ms Burrows later that same day, pointing out her letter was dated incorrectly.

(Pictured below: Linda Reynolds with her lawyer, Martin Bennett outside WA Supreme Court; Zali Burrows outside Federal Court in Sydney)

Mr Bennett wrote: 'I refer to your letter sent by email to Ms Ross of my office 6 August 2024 enclosing your letter that (for unknown reasons) is dated August 8.'

He explained court proceedings are subject to privilege, which means Ms Reynolds was free to describe Lehrmann in whatever way she liked without fear of prosecution.

'Proceedings in court enjoy absolute privilege,' he wrote.

'The reference to Senator Reynolds describing your client as "shifty" was read from the notes of the Assistant Commissioner Leanne Close noting conversations on April 4, 2019.'

He then referred to the evidence his client gave about Lehrmann's apparent connection to the former ASIO Director-General.

Mr Bennett said that information was obtained due to notes taken by Ms Reynolds' former chief-of-staff Fiona Brown in 2019, just after relevant conversations took place.

'The evidence concerning Mr Lehrmann claiming to be friends with Mr Duncan Lewis is evidence supported by contemporaneous notes taken in 2019 by Ms Brown,' Mr Bennett wrote.

'It was one of the factors considered by Senator Reynolds in terminating Mr Lehrmann's employment.

'The assumption that these comments are not relevant to these proceedings is a false assumption.

He then said that Ms Reynolds would not 'fact check' her evidence with Lehrmann, adding: 'Each of the demands contained in your letter is categorically refused.'

Lehrmann had previously offered his services as a witness to help Ms Reynolds' case, but that relationship appears to have fractured beyond repair.