Foreign Affairs Minister Penny Wong refuses to retract accusations against former Liberal minister in Brittany Higgins scandal

Foreign Affairs Minister Penny Wong has doubled down on her accusations in the Brittany Higgins scandal, refusing to concede her cover-up claims against former Liberal minister Linda Reynolds and her chief of staff Fiona Brown were unfounded. During tense Senate estimates, Senator Wong repeatedly sidestepped questions about rulings from two senior judges, who found neither Ms Reynolds nor Ms Brown had participated in a cover-up or mistreated Ms Higgins after her allegations of rape. Despite Prime Minister Anthony Albanese’s attempt to downplay the issue two weeks ago, the government is still facing scrutiny over its handling of the scandal. Questions intensified on Monday over the cost of the top-tier barristers hired to defend Ms Reynolds and Ms Brown, with department officials unable to confirm whether Attorney-General Michelle Rowland had complied with “model litigant” obligations when approving their fees. Finance Minister Katy Gallagher has already signalled she would no longer answer questions about what she called “fictitious claims” made by her and Senator Wong regarding a supposed Liberal cover-up. In the Senate, Liberal senator Anne Ruston asked Senator Wong directly whether she or the Prime Minister accepted the court findings by Justice Michael Lee in the Federal Court and Justice Paul Tottle in the WA Supreme Court that Labor’s claims were baseless. “I will see if the Prime Minister has anything to add to the answer he gave on the day in question,” Senator Wong said. “ I will check whether he, on notice, whether or not he has anything to add to the answers he has given. “The independence of the judiciary is an important and central feature of the Westminster system, the role of the opposition and ministerial accountability to parliament is also a central feature of the Westminster system. “What I would also say is this: the heart of this matter was a young woman who a court found was raped in the office of a Liberal minister, and I would hope we can all reflect on the impact on her and as importantly all survivors of sexual assault in this country. “You may not be asking questions about the issue, meaning a young woman’s sexual assault, but that is at the heart of this matter.” Bruce Lehrmann has always denied the rape allegation. A criminal trial in 2022 was halted due to juror misconduct, and the charge was later dropped. However, in a separate civil defamation case he lost against Network 10 and journalist Lisa Wilkinson, a Federal Court found on the balance of probabilities that he did rape Ms Higgins at Parliament House. Mr Lehrmann is currently appealing that decision. Senator Ruston replied saying she took the issue “very seriously”. “I take the issue of that sexual assault very, very seriously … but that is not what I am asking about,” Senator Ruston said. Pressed again on whether her accusations were unfounded, Senator Wong simply said she would “refer you to my previous answer”. Trade Minister Don Farrell also avoided the issue. “I just don’t think it’s up to the government to have a running commentary on court cases,” Mr Farrell said. Scrutiny intensified over legal costs after The Australian revealed the government engaged some of the nation’s most expensive barristers to defend the former minister and her chief of staff. Former solicitor-general Justin Gleeson SC, reportedly able to charge $25,000 a day, led the team defending Ms Reynolds, alongside top employment lawyer Ruth Higgins SC. For Ms Brown, the Commonwealth engaged Kate Eastman SC, whose appearance prompted a judge to comment: “Heavy representation for a consent order.” Under Attorney-General rules, any legal counsel charging more than $5000 a day must receive personal approval from the Attorney-General, and only in “exceptional circumstances”. Ms Rowland has previously refused to confirm whether such approvals were given in these cases. Senator Ruston pressed the Attorney-General’s department secretary, Katherine Jones, on Monday, asking if Ms Rowland had approved the higher payments. After officials initially refused to answer citing “commercial in confidence,” Ms Jones said the matter would be taken on notice. “You were the one that made the determination, if such a determination was made, but you are refusing to tell me or the Senate whether you approved payments in excess of $5000 a day for any of the people representing the Commonwealth,” Senator Ruston said. Ms Jones replied, stating she was “not refusing to tell the senate”. “I’m requesting that I take it on notice to ensure there aren’t any issues breaching commercial-in-confidence information and I will endeavour to work through that,” Ms Jones said. Senator Ruston criticised the lack of transparency, highlighting that Ms Brown has been unable to work for more than four years and is now represented pro bono because she cannot afford a barrister. Officials agreed to take on notice whether the Attorney-General had considered the findings of the two judges in acting as a model litigant.