Doubts remain about the fitness of Senator Linda Reynolds’ former top aide to testify at a defamation trial, sparking discussions about bringing Brittany Higgins‘ evidence forward.
Reynolds is suing her former staffer Higgins – who is defending the claim – over a series of social media posts containing alleged mistruths that she believes damaged her reputation.
Former chief of staff Fiona Brown is expected to provide evidence about what unfolded in the days after Higgins was allegedly raped in the ex-defence minister’s suite in March 2019.
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Brown’s lawyers hand-delivered her confidential psychiatric report and medical certificate to a Perth court on Friday.
Higgins’ lawyer Rachael Young said she did not wish to cause Brown distress by having her called to give evidence and would examine the material.
“If the tenor of that report is consistent with what has been described… which I won’t describe publicly… then we are not going to oppose Ms Brown being released,” she said on Friday.
The parties will argue on Monday about what evidence will be accepted from Brown instead of her appearing in person.
This could include Brown’s redacted affidavit and cross-examination transcript from Bruce Lehrmann’s failed defamation trial against Network Ten and journalist Lisa Wilkinson and her evidence at his aborted criminal trial for rape.
Senator Reynolds’ lawyer Martin Bennett told the court he could finish calling witnesses on Wednesday and suggested Higgins enter the witness box soon after instead of waiting until the following week, when she is scheduled to give her evidence.
“It may assist in, at least in the delivery of evidence if Ms Higgins started her evidence in chief next week because then she’d have the benefit of a break in your evidence over the weekend before starting cross-examination,” he said.
Justice Paul Tottle said there was likely to be logistical issues to be considered and Young said she would not respond to the suggestion.
Higgins is pregnant and lives in France.
Monday’s witnesses include medical doctor Antonio Di Dio and Liberal Party member Jeremy Buxton.
Former foreign affairs minister Marise Payne and Senator Anne Ruston are scheduled to be called on Tuesday.
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