Brittany Higgins responds after $315k defamation loss to Linda Reynolds

Brittany Higgins has apologised after her former boss Linda Reynolds emerged “vindicated” and triumphant from a bitter defamation battle.

Ms Reynolds launched a defamation lawsuit over a series of Ms Higgins’ social media posts the ex-senator believed damaged her reputation.

The Western Australian Supreme Court on Wednesday found the posts were defamatory and awarded damages of $315,000 plus $26,109 interest, with costs still to be determined.

Ms Higgins used an Instagram post to say she was grateful the case had ended.

“I accept that Linda Reynolds’ feelings were hurt by these events and I am sorry for that,” she wrote.

“I wish her well into the future.”

Outside court, Ms Reynolds said Justice Paul Tottle had established the truth following a five-week trial in 2024 that ballooned into a who’s who of Australian politics and media.

“It is a great relief that my reputation has been finally and fully vindicated,” the former defence minister told reporters.

“However, it is disappointing that it took four-and-a-half years, multiple court actions and millions of dollars.”

Ms Higgins thanked the public for its compassion in the years after she was allegedly raped at parliament house.

“My family and I now look forward to healing and rebuilding our lives,” she said on social media.

Ms Reynolds said the legal case was never about Ms Higgins’ rape allegation or money.

“This action was always about the dishonest and devastating attack of my reputation,” she said.

“Those lies cost me my reputation. It cost me my health and my career.

“This has been an incredibly emotionally and financially taxing journey but I never gave up on the truth and on seeking justice.”

Ms Reynolds called on the federal government to review Justice Tottle’s judgment, saying it should concede claims about a political cover-up of Ms Higgins’ alleged rape involving Ms Reynolds were wrong “so the real healing can commence”.

Justice Tottle found a tweet published by Ms Higgins and her husband David Sharaz in January 2022 was defamatory.

It carried imputations Ms Reynolds pressured Ms Higgins not to proceed with a sexual assault complaint and that she was a hypocrite in her advocacy of gender equality and female empowerment.

An Instagram story from July 2023, which Ms Higgins later republished on her Threads account, was also found to be defamatory.

Ms Reynolds claimed these had imputations she had engaged in a campaign of harassment against Ms Higgins, mishandled Ms Higgins’ rape allegation, and that Ms Reynolds engaged in questionable conduct during Bruce Lehrmann’s aborted criminal trial for rape.

Two of Ms Higgins’ tweets from July 2023, which conveyed the imputation Ms Reynolds wanted to silence sexual assault victims, were also found to be defamatory.

But Ms Reynolds’ claim for damages failed because Ms Higgins established the defences of honest opinion, fair comment and qualified privilege, Justice Tottle said.

Ms Reynolds’ claim of conspiracy to injure her reputation related to the intent of Ms Higgins’ 2021 interviews with journalists Lisa Wilkinson from Network Ten’s The Project and Gold Walkley award-winner Samantha Maiden from News Corp also failed.

Justice Tottle said Ms Reynolds had not proven Ms Higgins and Mr Sharaz’s purpose was to injure her.

The court upheld Ms Reynolds’ claim Ms Higgins had breached a deed of settlement, which was entered into after the politician was found to have called her ex-staffer a “lying cow”.

Justice Tottle’s 360-page judgment made factual findings about the events involving Ms Higgins and Ms Reynolds, including the ex-staffer’s alleged 2019 rape and the events in the years after it.

Ms Higgins made 26 false or misleading statements in media interviews after her alleged sexual assault, he said

She alleged Lehrmann raped her in the senator’s ministerial suite.

A Federal Court judge overseeing a defamation case launched by Lehrmann against Network Ten found Ms Higgins was, on the balance of probabilities, raped by Lehrmann in the office.

Lehrmann is appealing that finding.

He has always denied the rape allegation and his criminal trial was derailed by juror misconduct.

In a separate court action, Ms Reynolds sued Mr Sharaz for defamation over a series of tweets and Instagram and Facebook posts in 2022.

Mr Sharaz conceded the case before Ms Reynolds and Ms Higgins went to trial.

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