Key Points
- A court has heard Brittany Higgins and Bruce Lehrmann were "touchy" the night Lehrmann allegedly raped Higgins.
- A former colleague has given evidence she saw them sitting close together and kissing at a nightclub on the evening.
- Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation over a report regarding Higgins' allegations.
This article contains references to allegations of rape and sexual assault.
Hours before Brittany Higgins was allegedly raped by Bruce Lehrmann, the pair were seen kissing and touching each other in a Canberra nightclub, a judge has heard.
After going out for drinks at pub The Dock and 80s-themed club 88mph, the duo returned to Parliament House in the early hours of 23 March 2019, where occurred.
Lauren Gain was a parliamentary colleague who was out with Higgins, Lehrmann and Austin Wenke that night.
The public servant told the Federal Court on Wednesday that she saw Higgins and Lehrmann sitting close together being intimate while sitting in a booth at 88mph.
"I remember them being quite touchy with one another ... I remember them kissing," she told Justice Michael Lee. They both had their hands on each others' thighs and kissed for a period of time, Gain said.
"I take it (that) it was a passionate kiss?" the judge asked. "Yes," Gain replied.
From the witness box, Wenke said he could not recall whether there had been any kiss between the two colleagues that night.
Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation over a February 2021 report on The Project regarding Higgins' allegations.
She claims she was raped in the office of their then-boss, Senator Linda Reynolds, in the early hours of 23 March 2019 after a night out drinking in Canberra.
Lehrmann has always denied the allegations, saying that no sexual contact or any intimacy occurred between the pair at any time.
Lehrmann called Higgins 'good looking' weeks before alleged rape
Weeks before the alleged rape, Lehrmann asked if a "good looking" Higgins could be invited out to drinks, the court heard earlier.
Nicky Hamer, a former Liberal staffer who worked alongside Lehrmann and Higgins, spoke about the conversation, which she said took place on March 2, 2019.
"Bruce made a comment about Brittany being good looking and asked me if I knew her," Hamer said. "He asked me just to see if she was free to pop down to the pub."
Hamer already worked for Senator Reynolds when Higgins joined the office after her former employer, defence industry minister Steven Ciobo, resigned.
The court heard Higgins had gone to the Kingston Hotel to meet up with Hamer, Lehrmann and another staffer, Jesse Wotton, on 2 March before she had been given a job with Senator Reynolds.
When Higgins said she had to leave, Lehrmann took her phone for one or two minutes to prevent her from ordering an Uber and asked her to stay for one more drink, Hamer said.
She told the court she became angry with Lehrmann over this after Higgins left. Lehrmann allegedly retorted that Hamer was a "feminist" who always felt like she had to stick up for women.
Wotton, who is now deputy state director of the WA Liberal Party, told the court Hamer had "over-reacted" towards both him and Lehrmann during the argument.
Hamer claimed they had pressured Higgins into staying and the junior staffer would have thought she had lost her opportunity for a job in Senator Reynolds' office because she opted to leave. "I was very unhappy about that accusation being made," Wotton said.
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. Lehrmann has always asserted his innocence, and no finding has been made against him in relation to the allegations.
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.
