Former Judges Call for Probe into Brittany Higgins' $2.4 Million Government Payout

Former judges are urging an investigation into the $2.445 million compensation awarded to former Liberal staffer Brittany Higgins by the Albanese government. The payment was made based on Higgins' claim that the Morrison government attempted to cover up her alleged rape in a minister's office at Parliament House in 2019. However, a Federal Court judge has now found that the cover-up allegation was "objectively short on facts but long on speculation and internal inconsistencies."

Justice Michael Lee determined that on the balance of probabilities, Bruce Lehrmann did rape Higgins on a couch in then-Defense Industry Minister Linda Reynolds' office after a night of heavy drinking in March 2019. The judge dismissed Lehrmann's defamation case against Network Ten and journalist Lisa Wilkinson over their coverage of Higgins' allegations. Lee found Lehrmann's testimony about the incident to be an "ornate fabrication that lacked coherence."

Despite the civil court ruling, Lehrmann has not faced any criminal consequences for the alleged rape. A criminal trial in the ACT Supreme Court ended in a mistrial due to juror misconduct, and prosecutors did not seek a retrial. The principle of double jeopardy makes it highly unlikely Lehrmann will be tried again on the same charge.

Why this matters: The Higgins case has been a catalyst for a nationwide reckoning on the treatment of women in politics and the workplace. It has also raised questions about the handling of sexual assault allegations and the need for cultural change in Parliament House.

The former judges argue that the falsity of the cover-up claim, which was a key factor in justifying the substantial payout to Higgins, warrants an investigation into the government's handling of the compensation. Higgins could potentially be ordered to pay back the money if the payment is found to have been based on untrue statements.

Reynolds, who was Higgins' boss at the time of the alleged rape, has broken her silence following the defamation cases against Higgins and her partner David Sharaz, stating she has endured intense public scrutiny and had her reputation destroyed over the handling of Higgins' allegations. The spotlight has also returned to the implementation of recommendations from the Sex Discrimination Commissioner for changing the culture in Parliament House, with fewer than half fully implemented so far.

Key Takeaways

• Former judges urge probe into $2.445M payout to Brittany Higgins
• Court ruled Higgins was raped, but Lehrmann faces no criminal charges
• Higgins' cover-up claim found "short on facts" by Federal Court judge
• Higgins could be ordered to repay payout if claim deemed untrue
• Calls for implementing Sex Discrimination Commissioner's recommendations