Pictured: Lisa Wilkinson
Lisa Wilkinson appeared to encourage Brittany Higgins to secretly record a conversations with her boss – five days before her rape allegations were aired on television.
A conversation between the Liberal staffer and then-Education Minister Michaelia Cash, recorded on February 5, 2021, later formed part of a formal complaint submitted to Australian Federal Police by her alleged rapist’s lawyer during his trial in October.
Wilkinson appears to back the idea of a covert recording during a five-hour meeting with Channel 10 producer Angus Llewellyn, Ms Higgins and her boyfriend David Sharaz in a Sydney hotel room on January 27, 2021.
The purpose of the chat was to decide how best to approach Higgins’ forthcoming interview on The Project, which was broadcast two weeks later, in which she alleged she was raped by Bruce Lehrmann in Parliament House in 2019.
Mr Lehrmann has always denied the allegations.
During the pre-show conversation, the group spoke extensively about Ms Higgins’ experience working as an assistant media advisor for former Employment Minister Michaelia Cash in the years after her alleged assault.
A court previously heard Ms Higgins disclosed her alleged rape to various colleagues, including Senator Cash, but ultimately decided not to take the matter to police because she feared she would lose her job.
However, in the January 2021 meeting, Ms Higgins said she had been compiling the information to use as evidence, and said all devices used by parliamentary staffers had software installed by the government.
Brittany Higgins is pictured, left, outside ACT Supreme Court in October last year
Ms Higgins told the group her personal phone was mysteriously wiped – including screenshots of WhatsApp conversations with Senator Cash and her former boss, then-defence industry minister Linda Reynolds.
Wilkinson then said: ‘What do you think about on the last day, Brittany saying, ‘can someone please tell me what happened to my phone? Because all of the data got wiped and that includes all my photos’.’
‘Just to see what their response is. Because we won’t get a response from them, if we ask the question. But it might be interesting if you ask.’
Ms Higgins replied: ‘What’s the validity of me recording any of these conversations, though? Like, if, say, if I did have that conversation, I would feel safer having it recorded. But can I record those sort of conversations?’
Wilkinson addressed her producer, Llewellyn, asking: ‘You’re better at legal stuff than me.’
Mr Llewellyn pointed out there are laws in NSW against recoding conversations without the consent of all parties, before he realised Ms Higgins would be in the ACT.
‘Whereas everywhere else is okay. You can somehow get away with, but then again, Canberra operates, and Parliament House operates in a wacky, wacky world. So, that may be different to ACT rules as well,’ he said.
Ms Higgins said: ‘Even off the record, just for corroboration’s sake, I’d be willing to record something of that conversation, if that happens. Yeah.’
Brittany Higgins worked for Michaelia Cash, left, when she was the employment minister, and Linda Reynolds, right, when she was the defence industry minister
Brittany Higgins is pictured with her boyfriend, David Sharaz. They were both in a meeting with Wilkinson and a Channel 10 producer
Eventually, Ms Wilkinson said: ‘It may mean that we can’t use it … But this is just for your own…’
To which Ms Higgins replied: ‘Yeah, exactly. And just sort of, for your background, I guess … As like a sort of, a sounding board about what it’s like. I’d do that for you.’
The ACT’s Listening Devices Act 1992 states that it is illegal to record a private conversation unless you have the consent of all parties.
The ACT Supreme Court heard in October last year, during Mr Lehrmann’s jury trial, that Ms Higgins did secretly record a conversation with Senator Cash on February 5, 2021 – 10 days before her interview on The Project went to air.
During that phone call, the senator tried to dissuade her from resigning.
Ms Higgins told the court Senator Cash pretended as though she didn’t know about her rape allegations, and made out ‘as though security guard has assaulted me’.
‘It was the weirdest call of my life,’ she told the court.
During the trial, Mr Lehrmann’s lawyer Steven Whybrow cross-examined her about the recording of Senator Cash: ‘You recorded her on that call without her knowledge?’
‘That’s correct,’ Ms Higgins confirmed.
Ms Higgins said the recording was sent to multiple friends for ‘safekeeping’.
The recoding formed part of an official complaint by Mr Lehrmann’s defence lawyer, Steven Whybrow, to the Australian Federal Police on October 24 – while the jury was in deliberations.
Bruce Lehrmann is pictured, left, with his defence barrister Steven whybrow
The complaint, obtained by Daily Mail Australia, contained a range of allegations against Ms Higgins – ‘breaches of sections 4-6 Listening Devices Act’.
It read: ‘Covertly, by the use of listening device, recorded conversations with numerous persons without their knowledge or consent, including Senator Michaelia Cash and Mr Daniel Try (Senator Cash’s chief of staff).’
She was also accused of ‘disseminating those conversations to multiple persons including journalists and public relations consultants without the consent or knowledge of the other party’.
Further complaints by Mr Whybrow included ‘destroy or concealing evidence’, which related to a photo of a bruise on her leg which Ms Higgins claimed was from the alleged assault.
However, investigators were unable to find evidence of the photo prior to January 2021. She also signed a statutory declaration for Channel 10 to say the photo was taken 11 days after the alleged assault.
Mr Whybrow also accused her of ‘deleted and/or concealed communications’ with witnesses in the trial, and using Instagram to question the honesty of one of the witnesses during the trial
When contacted by Daily Mail Australia, AFP would not confirm whether an investigation into Mr Whybrow’s complaints was still open.
Mr Lehrmann’s criminal trial in the ACT Supreme was aborted in December last year.
Ms Wilkinson was approached for comment, but declined.
A spokesperson for Ms Higgins told Daily Mail Australia: ‘I’d refer you to court transcripts where Brittany responded to all of these questions under oath when they were put to her by the defence attorney.’
Comment has also been sought for Channel 10.
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Read more at DailyMail.co.uk