Linda Reynolds’ defamation case against her former staffer Brittany Higgins in the WA Supreme Court will continue from 10.30am local time (12.30pm AEST).
The case hinges on social media posts Ms Higgins and her husband, David Sharaz, wrote in 2022 and 2023 that the Liberal senator claims damaged her reputation.
In April, a Federal Court judge found that Ms Higgins was likely raped by her former colleague Bruce Lehrmann in Parliament House in March 2019. The rape took place on a couch inside Ms Reynolds’ office.
Ms Higgins has long-maintained Ms Reynolds and her former chief-of-staff Fiona Brown did not support her in the wake of her assault. Ms Reynolds and Ms Brown maintain they did try to support her.
The social media posts were critical of the way Ms Reynolds handled the rape claims.
The trial began on Friday and is set down for four weeks.
Ms Reynolds started her evidence-in-chief on Monday, which will continue through to Wednesday morning before her cross-examination begins.
While Ms Reynolds was on the witness stand, Brittany Higgins uploaded an Instagram post.
The post was a screenshot of a book she contributed to, called ‘How Many More Women’ by Jennifer Robinson and Keina Yoshida.
The book is about laws around the world that silence female victims.
Ms Higgins’ rape story was included in the book, but was redacted in the original version due to forthcoming court proceedings.
The book is now being republished with Ms Higgins’ story included.
She captioned the post: ‘Pertinent reading.’
Ms Reynolds’ lawyer Martin Bennett then blew up over the post.
He said: ‘While my client was giving evidence, Ms Higgins posted on social media.’
He said Ms Reynolds’ statement of claim would be amended, again, to include ‘aggravating’ commentary.
‘If Ms Higgins thinks she can provide a running commentary on my client, it’s extraordinarily inappropriate,’ he told the court.
‘One would hope someone would advise Ms Higgins to give up commentary.’
Ms Higgins’ lawyer Rachael Young SC said the post was a repost of a book that was published, rather than ‘an express reference to today’s proceeding’.
Mr Bennett said: ‘It’s the timing and the connection.’
Justice Tottle said he would deal with submissions when the time came.
