Katy Gallagher denies lying, issues warning over Brittany Higgins leaked messages

Senator Katy Gallagher says publishing Brittany Higgins' private text messages sends a bad warning to women considering coming forward with rape allegations.

Woman in black jacket.

Minister for Finance Katy Gallagher before making a statement in the Senate chamber at Parliament House. Source: AAP / Mick Tsikas

KEY POINTS:
  • Finance Minister Katy Gallagher has denied misleading parliament.
  • Senator Gallagher has issued a warning over publishing Brittany Higgins' texts.
  • Prime Minister Anthony Albanese says the caucus is "1000 per cent" behind the minister.
This story contains allegations of sexual assault and may be distressing to some readers.

Finance Minister Katy Gallagher insists she has always acted "ethically and with basic human decency" towards Brittany Higgins, flatly rejecting suggestions she mislead parliament over the former Liberal staffer's rape allegation.

In a statement to the Senate on Tuesday, Senator Gallagher also warned publishing Ms Higgins' private text messages could send a message to women who want and need to come forward: "Watch out".
A woman walking while outside.
Former Liberal Party staffer Brittany Higgins alleges her then-colleague Bruce Lehrmann raped her in Parliament House in 2019. Source: AAP / MICK TSIKAS
The Australian Federal Police (AFP) have confirmed they are assessing the leaking of Ms Higgins' private text messages, after receiving a complaint from a television network.

The Coalition has accused Senator Gallagher of lying to parliament after revelations she was informed of Ms Higgins' allegation a few days before it was first made public in an interview with The Project.

Ms Higgins alleged she was raped by fellow Liberal staffer Bruce Lehrmann in Senator Reynolds' Parliament House office in 2019.

Mr Lehrmann has always denied the claim, and his criminal trial was derailed due to juror misconduct. Prosecutors did not seek a retrial fearing the impact on Ms Higgins' mental health.

Coalition targets Katy Gallagher in Question Time

During question time on Tuesday, Liberal frontbencher Michaelia Cash asked Senator Gallagher whether she had received a full transcript of Ms Higgins’ interview ahead of time and whether she provided feedback on it.

Senator Gallagher, who is also the Minister for Women, said she was not prepared to disclose information that she had been asked to keep private.

“I was provided with information - I've made that clear - in the days leading up to Ms Higgins' allegations becoming public,” she said.

“I don't intend to disclose further interactions between any people that contact me and ask me to keep their confidence.”
A woman in a grey and black jacket sits in the Senate chamber
Both Brittany Higgins and Bruce Lehrmann were working for Senator Linda Reynolds when the alleged rape took place. Source: AAP / MICK TSIKAS
But Liberal Senator Paul Scarr accused Senator Gallagher of “rank hypocrisy” for declining to provide details.

“This is no longer a public matter; The Project interview has gone to press. There has been a court trial,” he said.

“It's no longer confidential; it is entirely in the public domain. The people of Australia have a right to know the answers to these questions.”

Leaked text messages in the spotlight

Leaked text messages obtained by News Corp show Ms Higgins' partner, David Sharaz, describing the senator as "invested" in the allegation days before it became public.

As then-NDIS minister Linda Reynolds faced questions over the alleged rape, which Ms Higgins said occurred in Senator Reynolds' office in 2021, Senator Gallagher insisted "no-one had any knowledge" of the allegation.

But Senator Gallagher said she made the comment directly after Senator Reynolds claimed Labor figures had known of the allegations "weeks ago".

"I was shocked at the assertion made by Senator Reynolds, with the clear implication that I was responsible, or had some involvement with making that story public," Senator Gallagher said on Tuesday.

"That was not true, it was never true. I responded to that allegation by saying no-one had any knowledge."
Two people walking outside.
Brittany Higgins (left) and her partner David Sharaz arrive at the ACT Supreme Court in Canberra. Source: AAP / Mick Tsikas
Senator Reynolds subsequently told the hearing that she had accepted an assurance from Senator Gallagher that she was not involved in the allegation becoming public.

"This proves that Senator Reynolds knew the context of our exchange that evening was around whether or not I was involved in that matter becoming public. I was not," she said.

"Senator Reynolds and Senator [Anne] Ruston have known that for two years, and have never since raised a concern about that with me.

"The allegations that were made public were done so on Ms Higgins' own terms. Those are the facts, facts that appear to have been lost in the past week."

Gallagher says she acted with 'basic human decency'

Senator Gallagher insisted she had always acted "ethically and with basic human decency" in relation to the matter.

"I will always support women to come forward, and I will always respect their confidence when it is sought ... Being available and trusted by our constituents is fundamental to the jobs we do on behalf of them," she said.

"I was provided with information in the days before the allegations were first reported, and I did nothing with that information, absolutely nothing. I was asked to keep it to myself, and I did."

Minister for Women, Senator Gallagher, also took aim at media companies for reporting the content of private 2021 text messages between Ms Higgins and her partner David Sharaz, in which Mr Sharaz says the senator was "invested" in the allegation days before it became public.

She described the leak as the “most egregious abuse of privacy I think I have ever seen”.

“The wellbeing of Ms Brittany Higgins matters to me. It matters to me,” she said.

“Subjecting her … to further commentary in a very distressing time for her, as Minister for Women, I don't think is acceptable.”
Anthony Albanese wearing a suit at a press conference
Prime Minister Anthony Albanese says caucus is "1000 per cent" behind Senator Gallagher. Source: AAP / Jono Searle
Senator Gallagher said feared the publication of Ms Higgins' text messages would damage confidence in the system.

"[It was] splashed across TV and newspapers, with opposition members giddy with the coverage. [That] has done nothing but seriously damage this confidence," she said.

"I fear that the message out of this for women who want and need to come forward is: Watch out. Women who may now choose to keep allegations of serious sexual or violent abuse silent."

AFP looking into leaking of text messages

The Harman rule prevents court participants from using documents obtained during a case for ulterior purposes.

Attorney-General Mark Dreyfus said he understood the AFP were assessing whether the leak could constitute contempt of court.

"It's vital that victims of alleged sexual assault have confidence that, if they come forward and report what happened to them, they will be treated fairly by our justice system," Mr Dreyfus told Parliament.

"I would add [that] all who come forward are entitled to be treated with complete respect by everyone."

An AFP spokesperson confirmed they had received a complaint from lawyers acting on behalf of a television network.

"The complaint is now before the AFP’s Sensitive Investigation Oversight Board. No further comment will be made," they said.

Prime Minister Anthony Albanese earlier told a meeting of Labor MPs that the caucus was "1000 per cent" behind Senator Gallagher, who he described as a "person of extraordinary integrity".

The prime minister described the Coalition's assault on the finance minister as "unjustified and unscrupulous", insisting no backward step would be taken.

Scott Morrison also denies misleading parliament

As Senator Gallagher spoke, former prime minister Scott Morrison was also forced to deny misleading parliament over Ms Higgins' allegation.

Senator Reynolds' former chief of staff, Fiona Brown, claimed Mr Morrison had falsely told parliamentary Question Time that the pair discussed Ms Higgins' claim, when in fact they had not.
Man in tie and suit speaking.
Scott Morrison also denied deliberately misleading parliament over the allegation. Source: AAP / Mick Tsikas
Mr Morrison said his memory "differed substantially" from Ms Brown's but was unable to be certain, given two years had elapsed.

He said he received numerous briefings on the matter during the "extremely busy week", which came at the height of the COVID-19 pandemic.

"I believe my response to be accurate at the time, [but] I cannot obviously fully discount her recollection of those events now were the more accurate," he said.

In an interview with The Australian, Ms Brown alleged Mr Morrison approached her after Question Time to say: "We've spoken, haven't we?"
"I reject any suggestion of deliberate intent in any such possible inaccuracy to my response, and am pleased to have taken the first opportunity available to me to clarify these matters to the House," Mr Morrison said on Tuesday.

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7 min read
Published 13 June 2023 1:57pm
Updated 13 June 2023 4:00pm
By Finn McHugh
Source: SBS News


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