Higgins’ rape case a Labor-led hit job

by BETTINA ARNDT – THE Brittany Higgins celebrity saga continues with the white dress she wore to a feminist rally being considered an addition to the collection in the Museum of Australian Democracy. 

But another key player in this circus isn’t doing so well. 

After a four-month investigation of Higgins’ evidence, police concluded that Higgins had been evasive, uncooperative and manipulative.

Only a few months ago, the ACT’s Director of Public Prosecutions, Shane Drumgold SC, was walking around with the press hanging off his every word.

Suddenly, he’s on shaky ground, with his role in the conduct of the trial now to be examined by a board of inquiry chaired by the eminent retired judge, Walter Sofronoff KC.

WHITEWASH

It looks like this inquiry will be no whitewash.

Sofronoff is a legal heavyweight, a former Queensland Solicitor-General and his inquiry will have similar powers to a Royal Commission.

Have the powers that be decided that Drumgold is to be the scapegoat? A distraction from all the murky skulduggery that has taken place behind the scenes throughout the whole affair.

Bruce Lehrmann’s lawyers have given numerous examples of what their client alleges is professional misconduct by Drumgold in a complaint made to the ACT Bar Council, sent after the trial was aborted.

Lehrmann alleges Drumgold’s failure: to stop Higgins from giving an inflammatory speech after the trial was aborted, to take steps to remove Higgins’ National Press Club statements from circulation or seek removal of similar material from other media sources, and to provide sufficient warning to prospective witnesses that public comment could undermine the integrity of the trial.

The inquiry is required to determine whether “the DPP failed to act in accordance with his duties in making his decisions to commence, to continue and to discontinue criminal proceedings against Lehrmann”.

Starting with the decision to commence proceedings, there’s material yet to emerge in relation to Drumgold’s decision to go to trial, despite being advised against this by the Australian Federal Police.

Central to this issue is the Moller report – Detective Superintendent Scott Moller was in charge of the AFP investigation.

MANIPULATIVE

After a four-month investigation of Higgins’ evidence, Moller concluded that “throughout the investigation, Higgins has been evasive, uncooperative and manipulative”.

The report cites:

  • Her repeated refusal to hand over her phone. When she finally did, she had deleted key evidence: “I’m clearing out my phone ahead of police,” she acknowledged.
  • Her claim to have sought medical attention after the incident. The police travelled to Perth and Brisbane and found she’d misled them. She later admitted she’d lied about this.
  • Her earlier text about wanting an impressive political sex scandal: “Exactly! A sex scandal the party can be proud of. Another Barnaby but without the baby, haha.”
  • Her history of anxiety and depression: AFP officers wrote that they believed Higgins “is at risk of self-harm should this matter progress to prosecution”.

The AFP concluded that “there were serious concerns in relation to the strength and reliability of her evidence but also, more importantly, her mental health and how any future prosecution may affect her wellbeing”.

Given the immense pressure police are under in the current “#MeToo” climate to push rape cases to trial, it is very telling that the AFP would have made it so clear that it didn’t think that the case would stand up.

Relevant to the issue of why the case went to trial, Moller’s boss, The ACT Deputy Chief Police Officer Michael Chew, reported in his diary notes that “if it was my choice, I wouldn’t proceed. But it’s not my choice. There is too much political interference”.

Lehrman’s lawyers played to the court an excerpt of a six-hour recording made in 2021 involving staff at Channel 10’s The Project that involved Higgins’s partner, David Sharaz. Higgins was allegedly present during the recording.

LABOR FRIEND

In the audio, Sharaz is heard saying they wanted the story to break at the start of a sitting week of parliament and that he had a “friend” on the Labor side – Senator Katy Gallagher – who would “probe and continue it going”.

The Weekend Australian reported that Liberal Senator Linda Reynolds – Higgins’ boss at the time of the alleged incident – was warned by the late Labor Senator Kimberley Kitching that Labor was planning to “weaponise” Higgins’ allegations against the government.

Consistent with this claim, Labor Senators Penny Wong and Gallagher tormented Reynolds with questions in the Senate about the incident, a total of 23 questions over three days, and Gallagher followed up with numerous questions in Senate Estimates.

Now, Gallaher is the newly appointed finance minister and responsible for endorsing the mind-blowing decision to award Higgins up to $3m compensation after a hasty mediation process where the Albanese government stopped two key government ministers from attending and threatened not to pay Reynolds’ legal fees unless she agreed not to participate.

According to The Weekend Australian, a key email from the Finance Department, which allegedly confirmed that all appropriate steps had been taken to protect Higgins, was not included in evidence contesting Higgins’ compensation claim.

COMPENSATION

Let’s hope Sofronoff sees this compensation as one of the “incidental issues” he is permitted to investigate and perhaps even refer it to the new Anti-Corruption Commission.

There are also questions about Drumgold’s decision to abandon the trial, citing Higgins’ mental health.

Most of the media simply accepted this claim and then went on to report Higgins happily attending her degree ceremony within weeks of the trial and her boyfriend boasting that she had written four academic papers during court proceedings. She was photographed holidaying in the Maldives and offered to appear as a witness in the defamation cases launched by Lehrmann.

Social media was full of speculation about this miraculous recovery, but few journalists asked why the DPP didn’t simply postpone the case until Higgins recovered.

It is also remarkable how little public attention has been paid to the legal basis for the DPP’s decision to drop the case.

Normally the major reason to discontinue criminal proceedings is that there is no reasonable prospect of conviction.

Yet in the press conference announcing his decision, Drumgold expressly stated that he had “a clear view there was a reasonable prospect of conviction” before the start of the trial, and this is a view he “still holds today”.

With such questionable decisions central to Sofronoff’s investigations, perhaps the limelight-loving DPP will find his moment in the sun coming to an abrupt close.PC

Bettina Arndt

MAIN PHOTOGRAPH:  Lisa Wilkinson (L) & Brittany Higgins. (courtesy Women’s Health)
RE-PUBLISHED: This article was originally published by The Epoch Times on February 24, 2023. Re-used with the author’s  permission.

16 thoughts on “Higgins’ rape case a Labor-led hit job

  1. BH seems to have calmed down now that Albo has given her a big fat sweaty wad of cash

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  2. Good on you Bettina for showing this for what it is, a total farce and the 2 mean girls (Wong and Gallagher) once again raising their wicked heads and controlling wands of the left. That poor man was hung out too dry by most of the media and She walks away with a pocketful of tax payers dollars. GRRRR!!!

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  3. Nothing will ever stick to Teflon Katy. She lets others do her dirty work. Same as when she was Health Minister in the ACT. One mishandling after another but never brought to account. David Sharaz has a pathetic need for constant public validation and he got it.

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    1. Kate, You are bang on the money. I had some respect in the past for decent members of the ALP (Aust Liars Party). The current bunch except for a few are a Rag Tag Bunch of Glamour Seekers backed by a Left Leaning Media. Colin.

  4. Thank you Bettina Arndt, but hope you have the energy and contacts to keep this subject in the media, preferably on the front pages in bold.

    ANOTHER subject/case to be investigated by the newly proposed federal corruption commission, (as well as Sofronoff’s hopefully all encompassing and thorough investigation).

    Katy Gallagher, Albanese, Wong et al et al. are up their eyeballs in this, a grubby, despicable affair, ALSO involving approx $3 millon of taxpayer’s money. (Janet Albrechtsen wrote a piece last year as to how the $3m had been awarded completely ignoring all conventional checks on the disbursement of tax-payer dollars in compensation claims).

    Thanks again Bettina A, please keep it up.

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  5. I do not understand why the Liberal Party allows the Labor Party to get away with their deceptive conduct.

    For example beginning in late 2019 with the usual left leaning media including ABC supporters how they including the Labor Opposition Leader mounted a campaign against the Prime Minister while he was on leave with his family holidaying in Hawaii when the bushfire season began in New South Wales and other states claiming that the PM was ignoring his responsibilities.

    Dealing with natural disasters including bushfires that began in late 2019 and floods that began in early 2020 are the responsibility of state governments and state services, in NSW – State Emergency Service, Rural Fire Service primarily for bushfires, there are no Federal equivalents, when requested Federal ADF assistance can be provided to support and in 2019 that was done by the acting PM and other Cabinet Ministers on duty.

    The Opposition Leader even had the hide to arrange a stunt television opportunity held at a closed NSWRFS Depot in the Blue Mountains, and when tired and hungry NSWRFS volunteers arrived in their fire truck as they drove to home depot after fighting bushfires they were turned away.

    At that time the non-government organisation Office of Climate Change participated in the political spin. A couple of retired fire commissioners who are members of that climate organisation claimed the PM had refused to meet with them to hear their warning that the 2019/20 bushfire season would be seriously bad in their experience based opinions. As it happened the NSW Government was advised to prepare for a 2018/19 bushfire season following years of drought and drying out and did so, spending on NSWFRS for example was increased and with Federal grant assistance a new Boeing 737 tanker-fire bomber was purchased and additional to normal season charter aircraft, fixed and rotary wing, were organised.

    Labor and media supporters maintained the smearing of the PM long after the bushfires had ended, and then used the following flood events to continue to smear him.

    But what did the Liberal Party do, not much as usual, and itv reminded me of a comment I heard decades ago from a NSW politician who said unfortunately Liberals tend to follow Marquis of Queensbury fighting rules of gentlemen while Labor get down into the gutters.

    As an observer I watched the Higgins circus of stunts unfold, the Liberals did fight back but no match for Labor’s attacks.

    Even today and since May 2022 Labor have maintained their campaign against the now Opposition and ins’t it obvious that they, as with Rudd Labor and Gillard 2007 to 2010, at this time are already campaigning for the 2025 election? Trying to smear the Opposition Leader and encouraging their supporters to assist on the internet, social media and blogs for example. And forever focusing on Labor’s large rear view mirrors blaming the former Government for whatever Labor can spin up, like did nothing in nine years in office.

    Consider the Royal Commission into Centrelink’s failed Robodebt automated debt collection system that was introduced in 2011 by the Labor Government, announced by Cabinet Ministers Shorten and Plibersek. I have their media release on file and articles later including from The Australian newspaper about Robodebt and how Labor was “washing their hands” of that Centrelink managed debt collection system. So after May 2022 the new Labor Government announced a Royal Commission into Robodebt, ignoring that the Coalition in Government dealt with the Centrelink executive managed problems, arranged for the system to be shut down and then compensation for victims. Labor’s Robodebt they now deny by claiming the Coalition Government made changes and even trying to pass off the lie that the Colaition was responsible for the automated debt collection system and the Labor system they pretend was not automated.

    I understand that the Coalition Opposition has attempted to point the above out without much success because of the noise from Labor to drown that out.

    Many Liberals have lost confidence in the Party and the left leaning Liberals In Name Only, unless they are removed from positions of influence and the old Menzie’s Liberal Party of Australia returns soon, and they take the fight to Labor and counter the “ingenuity of the spin”, the “character assassinations” the “generalised weaselling”, a majority of voters will not support them, they look like Labor Green and they act like amateurs when compared to Labor tactics that work.

    It has been pointed out that when mud is thrown some sticks, the more mud that is thrown the more of sticks until the target is covered with mud.

    The secret compensation to Ms Higgins is a disgrace considering the history and that taxpayer’s monies are involved.

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    1. The issue with the Libs is they are useless at social media and their supporter base have jobs and don’t have time to sit there online all day slinging death threats out to anyone and everyone they don’t agree with as the ALP and Green supporters do.

      With Higgins, the Libs appear to have done the right thing, Senator Reynolds appears to have been victimised and bullied relentlessly by the mean girl trio and Kitching being victim as well.

      I’ll go as far to say that I think this Higgins thing is like the Aus version of Russia gate – in that, it’s completely made up by the left to weaponise against the conservatives – backed by the weaponised media, govt bureaucrats & repeated endlessly by the brain dead left side of the public.

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  6. Cant wait for this Lisa Wilkinson legal case to be decided and made public. Another piece of the puzzle…

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  7. Brilliant work.
    FINALLY to see this reported in a coherent manner is a joy!
    Our Judicial system should NEVER be manipulated in this way again.

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  8. And yet the Teal MP’s are uniformly silent on a case which saw the relevant former minister gagged, and compensation paid after a single day of mediation.

    Monique Ryan has banged on about a corruption commission, saying last September: “The people of Kooyong want transparency and accountability from government.”

    Where’s the transparency? The accountability?

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  9. Ms Higgins and partner have “retired” at least for a while, overseas holidaying, a new waterfront home, well funded lifestyle, apparently.

    The affair was weaponised by Albanese Labor and the left leaning media cooperated fully attacking Prime Minister Morrison and a few Cabinet Ministers. Character assassination, relentless negativity.

    It has been said that when mud is thrown some of it will stick and after a while the target is covered with mud and many voters no longer remember the target before the mud throwing began.

    Tony Abbott was another victim of mud slinging gutter tactics.

    Scott Morrison was targeted after the 2019 election that Labor lost, and after he replaced Prime Minister Turnbull late in 2018. Remember the “Hawaii” holiday based smears ignoring;

    * The acting Prime Minister and other Cabinet Ministers were on duty.
    * Federal Government does not have primary responsibility for natural disasters.
    * Does not have the equivalent of NSW State Emergency Service or NSW Rural Fire Service and others.

    In my opinion the lack of public disclosure relating the Higgins matter and compensation paid is unacceptable and Albanese Union Labor should be held to account for their actions.

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    1. The Canberra Media and other involved parties helped to present one of the most “one sided cases” in
      Australia’s legal history. We had a former PM apologise to Ms Higgins in Parliament long before the case even went to Trial. The current PM did the same thing not long after he was elected.
      Media personalities interviewed the Plaintiff (Ms Higgins) while the Defendant (Mr Lehrmann) had his name continually besmurched in the Media. He, unlike his opponent, was not given the benefit of support received by Ms Higgins. A classic example of this was the address Ms. Higgins was allowed to make to “The National Press Club”. How could this possibly have been a fair & just Trial? I was
      always taught that the “Scales of Justice” were blind to other interests. Of late, I now question this.

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