The huge question about Brittany Higgins compensation payout

Sky News Australia host Sharri Markson has joined the chorus questioning why the government rushed to pay Brittany Higgins ‘millions of dollars’ in compensation without a single court hearing.

Ms Higgins settled a multi-million dollar personal injury claim against the Commonwealth over her treatment after her alleged rape, following mediation talks which lasted just one day December.

But questions are being asked about the speed of the settlement and the haste of the Labor government to finalise a deal without even hearing from key witnesses, such as her employer at the time, defence minsiter Linda Reynolds.

Explosive texts between Ms Higgins and her boyfriend David Sharaz have now revealed the pair plotted how they would ‘f*** over’ then-PM Scott Morrison. 

‘Just wait,’ Ms Higgins messaged Mr Sharaz. ‘We’ve got him.’ Mr Sharaz replied: ‘I still hate the c***.’

Now Ms Markson has demanded: ‘The question is why was Brittany Higgins paid millions of dollars reportedly, in relation to claims that were never proven in court?’

Explosive texts between Brittany Higgins and her boyfriend David Sharaz (pictured together) have now revealed the pair plotted how they would ‘f*** over’ then-PM Scott Morrison

Senator Reynolds (pictured with Scott Morrison in 2019) said she plans to flag the settlement to the new federal anti-corruption commission, saying the speed of the process raises concerns about 'fairness'.

Senator Reynolds (pictured with Scott Morrison in 2019) said she plans to flag the settlement to the new federal anti-corruption commission, saying the speed of the process raises concerns about ‘fairness’.

'Just wait,' Brittany Higgins messaged boyfriend David Sharaz in the text messages. 'We've got him.' Mr Sharaz replied: 'I still hate the c***'

‘Just wait,’ Brittany Higgins messaged boyfriend David Sharaz in the text messages. ‘We’ve got him.’ Mr Sharaz replied: ‘I still hate the c***’

On her show on Wednesday, she added: ‘People seem to forget this is ultimately taxpayer money that has been paid. 

‘It’s curious why Labour’s so keen to avoid transparency here.’

Ms Higgins’ former boss, ex-Coalition defence minister Linda Reynolds, has said she will demand the deal is probed by the new National Anti-Corruption Commission. 

She’s accused Prime Minister Anthony Albanese, finance minister Katy Gallagher and attorney-general Mark Dreyfus of a serious ‘potential conflict of interest’ after previously voicing their support for Ms Higgins.

Ms Reynolds said she would be ‘raising serious questions about how this significant sum of public money was determined and allocated’ in an ‘unusually swift’ manner. 

Ms Higgins was a Liberal political staffer for Ms Reynolds and alleged fellow staffer Bruce Lehrmann raped her in Ms Reynolds’ office after a boozy night out in 2019. 

Mr Lehrmann has strenuously denied all the allegations and his rape trial was abandoned because of juror misconduct in October 2022.

All charges against Mr Lehrmann were later dropped completely over concerns for Ms Higgins’ mental health on December 2.

Two days later it was revealed Ms Higgins was suing Ms Reynolds, former Coalition attorney-general Michaelia Cash – who she worked for after the alleged rape – and the Commonwealth for $3million.

Her lawyers said Ms Higgins had suffered sexual harassment, sex discrimination, disability discrimination, negligence and victimisation.

She was claiming $2.5 million for future economic loss, past economic loss approaching $100,000, general damages of $100,000, future assistance with domestic duties of some $200,000, and past and future out-of-pocket expenses of a further $150,000 approximately. 

Less than 10 days later, it was revealed the Commonwealth had settled the case on December 13 after the first day of mediation without a court hearing.

The final payout figure was kept confidential under the terms of the deal although Ms Higgins denies she was awarded the full $3million she had been demanding.

But now Ms Reynolds is questioning why the pay off deal was agreed without even speaking to her or including her at mediation talks.

Prime Minister Anthony Albanese (pictured) has fiercely denied colluding with Ms Higgins while in Opposition to ‘weaponise’ the accusations and damage Scott Morrison’s Coalition government

Four days before Ms Higgins' allegations went public Mr Sharaz wrote of how Senator Katy Gallagher (pictured) was 'really invested' in the saga

Labor's attorney-general Mark Dreyfus (pictured) finalised the deal after allegedly excluding Ms Reynolds and Ms Cash from the process.

Four days before Ms Higgins’ allegations went public Mr Sharaz wrote of how Senator Katy Gallagher (pictured left) was ‘really invested’ in the saga. Labor’s attorney-general Mark Dreyfus (right) finalised the deal after allegedly excluding Ms Reynolds and Ms Cash from the process

Labor’s attorney-general Mark Dreyfus finalised the deal after allegedly excluding Ms Reynolds and Ms Cash from the process.

‘I was initially granted legal assistance to defend the civil claim made by Ms Higgins against me (as well as Senator Cash and the Commonwealth),’ said Ms Reynolds in a statement.

‘But, on December 6, 2022, I was advised that the Commonwealth has a discretion to control the conduct of my defence and that the Attorney-General had decided to exercise that discretion

‘The result of this was that the Attorney-General did not want me to attend the mediation or make any public comments about the mediation or the civil claim made by Ms Higgins.’

She added: ‘This raises further questions about the fairness, transparency and impartiality of the entire process.’

Opposition leader Peter Dutton is now demanding the PM comes clean on the process and conversations he had with Ms Higgins.

‘The Prime Minister obviously has to front up and provide a true factual explanation of what’s going on here because there are different accounts,’ Mr Dutton told 2GB’s Ray Hadley.

‘Until we know the facts, we won’t know the answers to all the questions that need to be answered and the Prime Minister and others given different statements at different points. 

‘It seems that some of that may be conflicting now. So I think the prime minister just needs to be honest.’

An ACT Board of Inquiry led by Justice Walter Sofronoff is currently underway in Canberra to probe the investigation and prosecution of Mr Lehrmann. 

But 2GB’s Ben Fordham has now revealed Ms Reynolds will refer the compensation deal to the new National Anti-Corruption Commission if no-one else does.

The questions come after Daily Mail Australia revealed Mr Sharaz boasted of his friendship with ACT Labor senator Katy Gallagher and planned to brief her to ask questions in Parliament.

The questions come after Daily Mail Australia revealed Mr Sharaz boasted of his friendship with ACT Labor senator Katy Gallagher and planned to brief her to ask questions in Parliament

The questions come after Daily Mail Australia revealed Mr Sharaz boasted of his friendship with ACT Labor senator Katy Gallagher and planned to brief her to ask questions in Parliament

New leaked text messages between Brittany Higgins and her fiancé David Sharaz (pictured together) appear to suggest that Anthony Albanese and other Labor heavyweights had ‘direct contact’ with the couple as part of a plot to publicise her alleged sexual assault inside Parliament House

Ms Higgins texted Mr Sharaz to tell him: ‘You may as well feed everything you have to Katy.’ Mr Sharaz added in another text exchange: ‘She’s pretty savage politically.’

Ms Gallagher is now finance minister but has insisted she had nothing to do with the final compensation claim deal and had been handling the case at arm’s length.

‘In relation to a settlement or a compensation package in relation to Ms Higgins and that I had absolutely no role in that at all, and I think that’s all I need to say,’ she told ABC’s Radio National this week.

Senator Roberts claimed he has been stonewalled by Ms Gallagher in his bid to find out more about Ms Higgins’ compensation deal.

‘She was stifling me,’ senator Roberts told Sharri Markson on Sky News Australia.

‘She was trying to suppress, she was trying to dodge. They were just wanting me to shut up and go away. 

‘I’m not going to go away on this.’

He said the case needed to be investigated by the National Anti-Corruption Commission after the settlement was made before court papers had even been filed.

‘We also need to note that the such a payment is only made if a government thinks that a verdict is likely to go against the government,’ he said.

‘There’s no claim laid. How can you how can they make any assessment like that?’

He added: ‘We’ve got the Sofronoff inquiry going on and he’s a very, very capable judge and lawyer. So we’ll wait for that and we’ll see what happens.

‘But I think there’s definitely some very serious questions to be asked here.’

Senator Malcolm Roberts (pictured) claimed he has been stonewalled in his bid to find out more about Ms Higgins' compensation deal

Senator Malcolm Roberts (pictured) claimed he has been stonewalled in his bid to find out more about Ms Higgins’ compensation deal

On Thursday, the PM hit back at the suggestions and insisted: ‘I have absolute confidence in Senator Gallagher.

‘I had not met Brittany Higgins until I met her publicly – publicly – on the same day that she met Scott Morrison.’

The PM refused to be drawn into questions about the case being referred to the National Anti-Corruption Commission, adding: ‘The anti-corruption commission is independent of politics. That’s the idea.

‘If it’s in with politics, then that itself is a problem.

‘It could be regarded as an entirely inappropriate action by the Prime Minister or any other politician to try to direct the anti corruption commission into what to do.

‘We set it up as an independent body.’

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