In the photo: Lisa Wilkinson
Lisa Wilkinson appeared to encourage Brittany Higgins to secretly record conversations with her boss – five days before her televised rape allegations.
A conversation between the Liberal staffer and the then Education Minister, Michaelia Cash, recorded on 5 February 2021, was later part of a formal complaint made to the Australian Federal Police by her alleged rapist’s lawyer at his trial in October.
Wilkinson appears to support the secret recording idea during a five-hour meeting with Channel 10 producer Angus Llewellyn, Ms Higgins and her boyfriend David Sharaz in a Sydney hotel room on January 27, 2021.
The purpose of the chat was to decide how best to approach Higgins’ upcoming interview on The Project, which aired two weeks later, in which she claimed that she was raped by Bruce Lehrmann in Parliament House in 2019.
Mr Lehrmann has always denied the allegations.
During the pre-show talk, the group spoke at length about Ms. Higgins’ experience as an assistant media adviser to former Labor Secretary Michaelia Cash in the years following her alleged assault.
A court previously heard that Ms. Higgins revealed her alleged rape to several colleagues, including Senator Cash, but she ultimately decided not to take the case to the police because she feared she would lose her job.
However, at the January 2021 meeting, Ms Higgins said she had gathered the information to use as evidence, saying all the devices used by parliamentary assistants had software installed by the government.
Brittany Higgins is pictured, left, outside the ACT Supreme Court last October
Ms. Higgins told the group that her personal phone had been mysteriously wiped — including screenshots of WhatsApp conversations with Senator Cash and her former boss, then-Secretary of Defense Linda Reynolds.
Wilkinson then said, “What are you thinking about on the last day, when Brittany said, ‘Can someone please tell me what happened to my phone? Because all data has been erased and so have all my photos.”
“Just to see what their reaction is. Because we don’t get an answer from them when we ask the question. But it could be interesting if you ask.’
Mrs. Higgins replied, ‘However, what is the point of me recording one of these conversations? If, let’s say, if I had that conversation, I’d feel more secure if it was recorded. But can I record those conversations?’
Wilkinson addressed her producer, Llewellyn, asking, “You’re better at legal stuff than I am.”
Mr Llewellyn pointed out that there are laws in NSW against recording conversations without the consent of all parties before realizing that Ms Higgins would be on the ACT.
‘While everywhere else is okay. You can somehow get away with it, but then again, Canberra operates and Parliament House operates in a crazy, crazy world. So that may also differ from ACT rules,” he said.
Mrs. Higgins said, ‘Even off-the-record, just for confirmation, I’d be willing to record some of that conversation, if that happens. Yes.’
Brittany Higgins worked for Michaelia Cash, left, when she was secretary of employment, and Linda Reynolds, right, when she was secretary of defense industries
Brittany Higgins is pictured with her boyfriend, David Sharaz. They both met Wilkinson and a Channel 10 producer
Finally, Mrs. Wilkinson said, “It may mean we can’t use it… But this is just for yourself…”
To which Mrs. Higgins replied, ‘Yes, exactly. And just kind of, for your background, I guess… Like kind of, a sounding board about what it’s like. I would do that for you.’
The ACT’s Listening Devices Act 1992 states that it is illegal to record a private conversation unless you have the consent of all parties.
The ACT Supreme Court learned last October, during Mr. Lehrmann’s jury trial, that Ms. Higgins had secretly taped a conversation with Senator Cash on Feb. 5, 2021 — 10 days before her interview on The Project aired.
During that phone call, the senator tried to dissuade her from resigning.
Ms. Higgins told the court that Senator Cash pretended not to know about her rape allegations and pretended that a guard had assaulted me.
“It was the weirdest phone call of my life,” she told the court.
During the trial, Mr. Lehrmann’s attorney, Steven Whybrow, questioned her about Senator Cash’s recording: “Did you record her during that conversation without her knowing?”
“That’s right,” Mrs. Higgins confirmed.
Ms Higgins said the recording was sent to several friends for ‘safekeeping’.
The recording was part of an official complaint from Mr Lehrmann’s lawyer, Steven Whybrow, to the Australian Federal Police on October 24 – while the jury was in deliberations.
Bruce Lehrmann is pictured, left, with his attorney Steven Whybrow
The complaint, obtained by Daily Mail Australia, contained a series of allegations against Ms Higgins – ‘violations of Sections 4-6 Listening Devices Act’.
It read: “Creditively taped, using wiretaps, conversations with numerous individuals without their knowledge or consent, including Senator Michaelia Cash and Mr. Daniel Try (Chief of Staff to Senator Cash).”
She was also charged with “distributing those conversations to multiple individuals, including journalists and public relations consultants, without the consent or knowledge of the other party.”
Further complaints from Mr Whybrow included ‘destroying or concealing evidence’, which related to a photo of a bruise on her leg that Ms Higgins claimed was from the alleged attack.
However, investigators were unable to find evidence of the photo before January 2021. She also signed a legal statement for Channel 10 stating that the photo was taken 11 days after the alleged attack.
Mr Whybrow also accused her of ‘deleted and/or concealed communication’ with witnesses during the trial, and using Instagram to question the honesty of one of the witnesses during the trial.
When contacted by Daily Mail Australia, AFP would not confirm whether an investigation into Mr Whybrow’s complaints is still ongoing.
Mr. Lehrmann’s criminal trial in the ACT Supreme was aborted last December.
Ms Wilkinson was approached for comment but declined.
A spokesperson for Ms Higgins told Daily Mail Australia: ‘I refer you to transcripts from the court where Brittany answered all these questions under oath when they were put to her by the defense solicitor.’
Comments have also been requested for Channel 10.