Court documents show that Brittany Higgins’ husband David Sharaz could have avoided financial ruin if he had apologized to Linda Reynolds over two tweets and agreed to three other demands.
Lawyers acting for Liberal Party Senator Linda Reynolds served Mr Sharaz with a notice of concern on 6 January 2023, the first stage of a defamation claim. The notice was based on two social media posts in which she alleged she had bullied his wife.
Ms Higgins, a former Liberal Party staffer, was raped in Ms Reynolds’ office in Parliament House in 2019. She alleges the senator tried to cover up the attack and forced her to choose between her complaint and her political career.
Although Mrs. Reynolds strongly denied the allegations against her, the couple continued to spread the accusations via their public social media platforms.
The senator subsequently launched defamation proceedings against them both, but Mr Sharaz conceded defeat in April, citing financial difficulties. He will have to pay Ms Reynolds’ legal costs, as well as his own costs, along with any damages.
However, documents released by the court on Wednesday as part of Ms Higgins’ trial show he could have avoided financial trouble if he had complied with Ms Reynolds’ requests in the first place.
The notice of concerns cited two allegedly defamatory tweets written by Mr Sharaz in January and December 2022.
Pictured: Brittany Higgins with her husband, David Sharaz. They are both being sued for defamation.
Liberal Senator Linda Reynolds is pictured, left, outside the Western Australian Supreme Court last week
His first message included a press release about Ms. Reynolds’ work in gender equality, titled “empowering women.”
He wrote: ‘There is a real possibility that Linda Reynolds will appear in court this year to answer questions about her involvement with Brittany Higgins, who was pressured by her office not to pursue her complaint to the police.
“She uploads this on her official website.”
The second message referred to Ms. Reynolds sending information about Ms. Higgins’ $2.4 million compensation claim against the government to a News Corp. columnist.
Reference was also made to Ms Reynolds’ partner, Robert Reid, who sat in the Supreme Court of the Australian Capital Territory during the Bruce Lehrmann rape trial in 2022. The senator did not give evidence at the time and was not allowed to intervene in the proceedings.
The senator then texted Lehrmann’s lawyer Steven Whybrow asking for transcripts, and suggested he review Ms Higgins’ text messages with another former aide because they could be “revealing”. Ms Reynolds has denied trying to help the defence.
Mr. Sharaz wrote: ‘First, Linda sent her husband to attend a victim’s cross-examination and he texted tips to the defense team.
‘Now she is leaking confidential information to the newspaper, while Britt is vulnerable in a clinic.
Pictured: A tweet David Sharaz wrote about Linda Reynolds
David Sharaz wrote a tweet accusing Linda Reynolds of bullying Brittany Higgins (pictured)
“When will the bullying stop, Linda Reynolds?”
In the statement of concern, Martin Bennett, Ms Reynolds’ lawyer, threatened Mr Sharaz with legal action, explaining that his client had been “aggrieved” by the reports.
“You presented an inaccurate and professionally damaging portrayal of my client, which has caused damaging public speculation about my client’s conduct,” the statement said.
‘The damage this has caused and continues to cause to my client cannot be underestimated.’
Mr Sharaz was also informed that he could be liable for up to $443,000 if his posts were found to be defamatory by a court in Western Australia.
To avoid civil litigation, Ms. Reynolds agreed to apologize and delete the posts, and she was also required to sign a statement promising not to post false information about her in the future.
She also asked him to cover the legal costs associated with drafting the notice of her concerns, and for an “appropriate amount” to compensate her for alleged damage to her reputation.
Mr. Sharaz did not agree to her terms and was subsequently sued for defamation.
David Sharaz is pictured at his Gold Coast wedding in June, draped in umbrellas
Brittany Higgins (right) and David Sharaz (left) were photographed leaving the David Malcolm Justice Centre in Perth on Wednesday evening after a nine-hour mediation.
Attempts to resolve the issue through mediation in March were unsuccessful, and Mr Sharaz conceded defeat in April.
“Despite our best efforts, Linda Reynolds has not accepted any attempts to resolve this matter through mediation, and Brittany may now be subject to another lawsuit. It will be her third,” he said in a statement.
‘I can’t afford to pay the legal fees to defend myself during a six-week trial.
‘That is why I have informed the court today that I will no longer contest Reynolds’ lawsuit.
“I now call on Senator Reynolds to settle her lawsuit against Brittany, a rape victim, by dissenting and putting this all behind her. It’s time to move on.
“It’s time to let Brittany heal.”
Costs have yet to be determined, but he likely owes the senator significantly more money than if he had complied with her demands last January.
Ms Higgins’ trial is currently underway in the WA Supreme Court and she is due to give evidence in the last week of August.
In April, a federal district court judge ruled on civil grounds that Lehrmann raped Ms. Higgins in the Capitol building in 2019. He is appealing the decision.
