Brittany Higgins’ former boss has taken aim at 12 claims the ex-political staffer made against her that led to her securing her $2.44million compensation settlement.
Fiona Brown was Bruce Lehrmann and Ms Higgins’ boss in March 2019, when she was interim chief of staff to then-defence industry minister Linda Reynolds.
She held meetings with both of them in the week after the alleged sexual assault in Parliament House on March 23, 2019, and has been a key witness in all iterations of this case because she kept contemporaneous notes of those conversations.
Ms Brown initially resisted giving evidence in Mr Lehrmann’s defamation trial on medical grounds, because she was so traumatised after cross-examination during his criminal trial in October last year that she has panic attacks.
In her affidavit, lodged in the Federal Court, Ms Brown explained she ran out of the courtroom crying during that trial because she was unrepresented and a nice text Ms Higgins had sent to her was read in court.
‘It reminded me of how at odds her communications with me had been when compared to how I was portrayed in The Project broadcast,’ she said.
Brittany Higgins’ (pictured) former boss has scrutinised her $2.44million compensation settlement and tore apart 12 claims the former staffer made against her.
Fiona Brown (pictured) was Bruce Lehrmann and Ms Higgins’ boss in March 2019, when she was interim chief of staff to then-defence industry minister Linda Reynolds.
She was taken to a room in the court and left there without support or explanation for an hour-and-a-half.
Special considerations were made before she gave evidence on Monday and Tuesday – she was represented and told the court she didn’t know about Ms Higgins’ alleged assault and maintained she tried to help her when she was eventually told.
She said as much in her affidavit, lodged with the Federal Court.
What wasn’t mentioned in court was that her affidavit also contains outlines of about a dozen claims Ms Higgins made against her in her multimillion-dollar settlement deed with the Commonwealth.
Ms Higgins’ claim was settled by the Albanese government last December after a single day of mediation, and ten days after Mr Lehrmann’s criminal charge was dropped, and relied entirely on her own evidence.
Mr Lehrmann has continuously denied the accusation.
Key figures like Ms Brown and Ms Reynolds featured heavily in the document amid claims she was victimised and discriminated against when she made her rape allegations in 2019.
However, both were denied the opportunity to defend themselves in the mediation session.
In her affidavit, Ms Brown said she received a copy of the deed on December 8, 2023 – a day after it was tendered to the Federal Court in Mr Lehrmann’s defamation trial.
‘I did not know that Ms Higgins had alleged that I had “victimised” her,’ she said in the document.
A number of the claims Ms Brown challenged revolve around a meeting she had with Ms Higgins on March 26, 2019 – three days after the alleged assault.
Ms Brown agreed that she had a meeting with Ms Higgins on that day, but it was for disciplinary purposes – a security breach was triggered when she entered Parliament House with Mr Lehrmann in the early hours of March 23.
She had asked Ms Higgins about the breach, sought her explanation, asked her to re-sign the ministerial code of conduct, and maintained she had no idea there was any allegation of sexual misconduct at that stage.
Mr Lehrmann also had a meeting with Ms Brown that day, and because it was his second security breach, he was fired.
Bruce Lehrmann is currently suing Chanel Ten and Lisa Wilkinson for defamation
In her affidavit, Ms Brown denied Ms Higgins’ claim that the single meeting was 45-minute long.
She said the staffer did not disclose her alleged assault to her during that meeting, nor did she break down’ or cry hysterically.
‘She appeared composed,’ Ms Brown said.
Ms Brown also denied Ms Higgins’ claims that she ‘informed her that Mr Lehrmann had been dismissed and would not be returning’.
‘I deny that I “instructed” Ms Higgins to take the rest of the day off.’
Ms Brown said there was no reason to ask Ms Higgins if she needed help, or to offer her medical assistance or counselling, because there was no assault disclosure.
Ms Higgins claimed her boss didn’t ask her if she wanted to report the alleged assault to police – Ms Brown claimed that didn’t happen because she didn’t know there was an assault allegation.
Ms Brown said she did offer to take Ms Higgins to Australian Federal Police five days later, on April 1 – when she says she found out about the alleged assault.
In Ms Higgins’ claim, she said Yaron Finkelstein – who was a secretary to former prime minister Scott Morrison – was a ‘regular’ presence in Ms Reynolds’ office and advised Ms Brown about how to deal with Ms Higgins’ and her rape allegation.
Ms Brown claimed she never discussed Ms Higgins’ assault allegation with Mr Finkelstein.
According to Ms Brown’s affidavit, she did not offer Ms Higgins alternative counselling services because the former staffer she had been going to sessions, describing them as ‘good’.
Ms Higgins had claimed Ms Brown denied her requests to view CCTV of herself and Mr Lehrmann entering Parliament House at about 1.30am on March 23, but Ms Brown said she never made a request.
‘I did not rebuff her as no requests were made. CCTV never came up in conversation with me and Ms Higgins,’ she said.
Ms Higgins had claimed Ms Brown denied her requests to view CCTV of herself and Mr Lehrmann entering Parliament House at about 1.30am on March 23 (pictuerd), but Ms Brown said she never made a request
She also denied that Ms Higgins raised the issue of mental health leave, or said that she needed time off to assist the AFP with its investigation on April 11, 2019, or at any other time.
Ms Brown left Ms Reynolds’ office on April 5.
She also denied telling Ms Higgins she could either follow Ms Reynolds to Perth for the election or go home to the Gold Coast and leave her Parliament House job – in the wake of her rape allegations.
In her claim, Ms Higgins said: ‘Ms Brown made it clear by her words and demeanour that the events of 22/23 March 2019 must be put to one side; that [Ms Higgins] remain silent about the sexual assault in order to keep her job/career.’
‘In that context, [Ms Higgins] felt she had no choice but to abandon pursuit of the complaint of sexual assault with the AFP.’
Ms Brown denied telling Ms Higgins that she should remain silent.
‘I had sought to support Ms Higgins, not silence her,’ she said.
Ms Higgins previously told the court the Albanese government admitted liability and ‘breached its duty of care and didn’t go through proper processes’.
Brittany Higgins is pictured leaving the Commonwealth Parliamentary Offices with her partner David Sharaz in 2021
But the document specifically states all claims were settled ‘without any admission of liability’, and the deed appears to have been drafted by Ms Higgins’ legal team alone.
There was no reference to the points raised during Mr Lehrmann’s criminal trial in October 2022.
According to the claim, Ms Higgins’ ‘hurt, distress and humiliation’ was valued at $400,000, past and future domestic assistance cost $100,000, $220,000 for medical expenses.
Legal fees were a further $245,000, and $1,480,000 was paid for lost wages.
The payment has been referred to the National Anti-Corruption Commission.
The case continues.
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