Higgins denies attempt to 'blow up' rape retrial

Ms Higgins returned to a Federal Court witness box on Tuesday for an emotional, tearful and sometimes angry final day of questioning in Lehrmann's defamation trial.

Lehrmann's barrister Steven Whybrow SC suggested the speech, given by Ms Higgins to a throng of media on the steps of the ACT Supreme Court in October 2022, was made to prevent a further criminal trial.

"When you gave that speech it was designed to blow up a retrial," Mr Whybrow said.

"Wow, oh no not at all," Ms Higgins said, laughing.

Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation over a February 2021 report by The Project on Ms Higgins' allegation of sexual assault.

He has vehemently denied the allegation he raped Ms Higgins in the early hours of March 23, 2019, in the Parliament House office of Liberal senator Linda Reynolds.

Under cross-examination, Ms Higgins said she had received $1.9 million from a settlement with the Commonwealth over alleged breaches of its duty of care relating to the events during and after the alleged rape.

The money was given because Ms Higgins claimed she would be unable to work for the next 40 years, the court heard.

From the witness box, she revealed she was currently working in an unpaid internship with the United Nations.

Ms Higgins also expanded her claims about alleged lies and falsehoods made by her bosses in Parliament House.

As well as Senator Reynolds and her acting chief of staff Fiona Brown, Ms Higgins said her later boss, Senator Michaelia Cash, and her chief of staff Daniel Try had pretended not to know about the alleged rape.

"They were all protecting each other," she told the court.

Earlier on Tuesday, Ms Higgins insisted a Carla Zampatti jacket she wore in Parliament House after her alleged rape was not owned by Senator Reynolds.

Ms Higgins said she retrieved the item from a box of old clothing meant to be donated, and eventually took the box and the jacket to a charity bin.

"It would be in the footage out there," she told Justice Michael Lee.

"If someone at Parliament House could clear up the fact I'm not a thief, that would be awesome."

Ms Higgins said she took the jacket because she wanted to cover up her body after the alleged rape.

Earlier on Tuesday, Ms Higgins rejected suggestions by Mr Whybrow that she had deliberately erased texts from about the time of the alleged rape.

She admitted deleting a photograph of herself wearing a Make America Great Again hat before handing her phone to police during their investigation.

"It was something I was really ashamed of and I deleted it," she said.

Mr Whybrow claimed Ms Higgins had done more than erase a photo, pointing to a number of other messages later found to be missing.

Ms Higgins denied deleting these intentionally because they would have contradicted her claims she was sexually assaulted.

The messages had been lost when she changed devices over the years, moved to a different iCloud account, or had been accidentally deleted, the court heard.

In one undeleted message sent to ex-boyfriend Ben Dillaway hours after the alleged rape, Ms Higgins wrote, "I need to slow down a bit. It's probably gotten a little out of hand recently haha".

She told the court that the message was her beginning to open up to Mr Dillaway about the alleged sexual assault.

"When someone rapes me that means I probably need to pull back," she told the court.

Lehrmann was charged in August 2021 over the alleged rape, but his criminal trial in the ACT Supreme Court was derailed by juror misconduct.

Prosecutors did not seek a second trial, citing concerns for Ms Higgins' mental health.

Lehrmann is also before Queensland courts accused of raping another woman twice in Toowoomba in October 2021.

He has not yet entered a plea, but his lawyers have indicated he denies the charges.

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Australian Associated Press