A claim that Brittany Higgins’ phone was remotely wiped by someone in parliament raised “unanswerable questions” and was not used by Network Ten in reporting her rape allegation, a judge has been told.
Producer Angus Llewellyn worked on a February 2021 segment of The Project reporting the alleged sexual assault.
In text messages to journalist Lisa Wilkinson he said that the allegations of government interference brought up unanswerable questions and weakened, rather than strengthened, Higgins’ “very strong” claims.
Giving evidence in a Federal Court defamation trial on Tuesday, Llewellyn said Higgins signed a statutory declaration confirming a screenshot of a photo provided to the network was of a bruise caused during her alleged rape by Bruce Lehrmann.
He said this was done due to inconsistencies between Higgins’ claims data on her phone had been erased and the fact she still had some photos and screenshots to supply to Ten.
Higgins alleges she was raped by Lehrmann in the Parliament House office of their then-boss, Senator Linda Reynolds, in March 2019.
He has always denied the allegation, insisting no sexual contact occurred, and is suing Ten and Wilkinson for defamation.
In her earlier court evidence, Higgins acknowledged the bruise was not necessarily caused by the alleged rape and could have happened when she fell over drunk at a nightclub that same night.
Llewellyn said he attributed the missing data on Higgins’ phone to a “stuff-up” rather than any conspiracy.
The producer rejected submissions by Lehrmann’s barrister Matthew Richardson SC that he had “buried” this issue by leaving it out of The Project segment.
He also denied failing in his obligations to properly check Higgins’ credibility in regards to the photograph.
Llewellyn said he had listened to a covert recording of a call between Higgins, her former boss Senator Michaelia Cash and chief-of-staff Daniel Try in February 2021 made less than two weeks before The Project segment aired.
Higgins claims during that call Senator Cash told her to “just suck it up” when told of the rape allegation and pretended not to know about the incident despite being notified of it in 2019.
The Project report included statements from others, including Senator Cash and Try, to allow them to respond to any allegations against them, Llewellyn told the court.
“Isn’t the overwhelming message from this program that Higgins’ allegations are true?” Richardson asked.
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“Well, we wouldn’t have put them to air if we were unsure,” Llewellyn replied.
On Tuesday afternoon, Justice Michael Lee ordered that Sky News hand to Lehrmann, Ten and Wilkinson a recording of Higgins’ lawyer Leon Zwier and others at Sydney’s Park Hyatt Lobby Bar on December 4.
The audio reportedly reveals the solicitor discussing how Higgins could respond to questions in cross-examination as she gave evidence in the Federal Court.
There is no suggestion Higgins was present during the Park Hyatt conversation or that she received advice relating to the topics discussed.
While under cross-examination, a witness is specifically told not to discuss the case with anyone else.
During the trial, Justice Lee gave Higgins these instructions each time she left the witness box.
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 is also before Queensland courts accused of raping another woman twice in Toowoomba in October 2021.
He has not entered a plea, but his lawyers indicate he denies the charges.
Readers seeking support can contact 1800 RESPECT (1800 737 732) or the National Sexual Abuse and Redress Support Service on 1800 211 028.
