Retired Senator Linda Reynolds has won her high-profile defamation case against Brittany Higgins and her husband David Sharaz, with Western Australia’s Supreme Court awarding her more than $340,000 in damages.
The case centred on a series of social media posts by the ex-Liberal staffer, and her husband, which Reynolds argued had damaged her reputation.
Justice Paul Tottle found all three posts were defamatory, however Higgins successfully defended one post as honest opinion.
“The defendant and Mr David Sharaz published a tweet on 27 January 2022, which contained two imputations, Justice Tottle said.
“First, that the plaintiff had pressured the defendant not to proceed with a genuine complaint of sexual assault. And second, that the plaintiff is a hypocrite in her advocacy of gender equality and female empowerment.”
“Both imputations were defamatory. The defendant has not established her defence of truth or any of her other defences,” he continued in his judgement.
“Damages, including aggravated damages, in the sum of $135,000 will be awarded.”
Another Instagram post on 4 July 2023 was also found defamatory, with damages of $180,000 awarded to Reynolds.
While a third tweet shared on 20 July 2023 was considered defamatory, Higgins managed to defend it as honest opinion, fair comment and qualified privilege.
Reynolds, present in court for the ruling, said it was a “great relief”.
“There was no conspiracy and no political cover-up of a rape,” she said.
“This was never about Ms Higgins’ allegation of rape and it was also never about the money.
“It was always about the dishonest and devastating attack on my reputation that was based on very curated lies by Ms Higgins, Mr Sharaz and the well documented co-conspirators with them.”
Higgins, who was not in court, told news.com.au she accepted the judgment and wanted to “rebuild” her life.
“I was 24 years old when I was sexually assaulted in Parliament House. Six years have passed – years marked by challenge, scrutiny and change,” she said.
“I accept that Linda Reynolds’ feelings were hurt by these events and I am sorry for that. I wish her well for the future.”
Her lawyer, Rachael Young, said Higgins was a courageous woman who was sued for speaking up and that her posts were honest opinions aimed at driving workplace reforms, not harming Reynolds.
Justice Tottle only agreed with this defence for one of the posts.
The case has had major financial consequences for Higgins and Sharaz, who sold their French chateau in June to cover legal costs.
The couple now faces paying the damages and Reynolds’ legal fees, likely totalling over $1 million.
The defamation case follows years of public scrutiny and legal proceedings linked to Higgins’ rape allegation against colleague Bruce Lehrmann in 2019.
While a Federal Court judge found on the balance of probabilities that Lehrmann had raped Higgins, he has denied the allegation and is appealing the finding.
Reynolds has also launched legal action against the Commonwealth over a compensation payment to Higgins, alleging government lawyers were “hopelessly conflicted.”
Image: Instagram
